Twins' Two Moms Lose Lawsuit Over Baby #2

Aussie Court Rules Lesbian Couple Cannot Sue Doctor For Implanting Two Embryos

(AP)  A lesbian couple has failed in an attempt to sue an obstetrician they blamed for twins born by in-vitro fertilization rather than a single baby as requested.

The court ruling was welcomed Friday by Australian doctors who argue that giving birth to a healthy baby should not be grounds for a lawsuit. The high-profile case was the first of its kind in Australia and could yet be appealed.

The couple, whose names are suppressed to protect the anonymity of their two 4-year-old daughters, attempted to sue Canberra-based obstetrician Sydney Armellin for 400,000 Australian dollars (US$382,000) for medical negligence for failing to ensure that fertility clinic staff implanted a single embryo.

The claim covered the cost of raising one of the children, including private school fees.

But Justice Annabel Bennett ruled Thursday the birth mother had acted "negligently" by failing to ensure that clinic medical staff were aware that she had changed her mind about having two embryos implanted.

The couple could not be immediately contacted for comment.

But during the hearing, the women issued a handwritten media statement to explain that the case had nothing to do with their feelings toward their daughters.

"This has never been a case about whether our children are loved," the statement said. "They are cherished."

Lawyer Thena Kyprianou said Thursday her clients were shocked at the ruling and would consider lodging an appeal within a month.

Paul Jones, state president of the Australian Medical Association, said the law should be changed to ensure such a suit will never be heard by a court again.

"We think that when the outcome is a healthy baby or babies, that these matters shouldn't end up in the court," Jones told Australian Broadcasting Corp. radio.

[prisonrn]

I wonder how they would have felt if the embryos failed to mature to a happy, HEALTHY daughter. Would they have sued GOD for failure to create a perfect daughter??????? They should be happy they have healthy children, and not worry about sueing because they can''t AFFORD to raise the second child. How on earth every other parent who has mulitple children EVER accomplished raising them.

[dougmsbbs]

I would bet that if only one was implanted and it failed to take, they would have sued for that....
People will do anything for unearned money. andsab is right, it''s a sick world we live in.

[babooph]

The "gay" label ,makes all think of a sexual imbalance-other problems seem to go along with the obvious.

[cricketmk3]

If any of the posts after mine are referring to my comment as being homophobic, let me assure you it is not meant that way. The point I''m trying to make has nothing to do with whether these women are lesbians or not except to point out that years ago they could not have had children this way and they should consider it a miracle that they can now. My point is that lots of couples are surprised with two children instead of one and they are thrilled about it...why can''t these two parents be thrilled with the two miracles they were blessed with? Also, the girls are 4 years old...what took so long?

[aboz3]

I read this earlier and was wondering how soon the right wing homophobes would start frothing at the mouth... Not long at all! :-)

[shoppingnut-2009]

These two women are morons, because of this lawsuit being part of a public record, both of their girls are going to have a lot to deal with because neither one is going to be sure that they were the one that was wanted.

[october1803]

Maybe it was meant for them to have 2 children.....I think they should just be thankful for being blessed with 2 healthy babies. Although I do see the point redbds made about the fact they paid for a medical procedure and didn''t really get what they paid for. But still just be happy it worked, a little to good.

[redbds]

You have all got it wrong. It is not about whether or not they love the children. This is about a medical procedure that was not completed as requested. They had asked that one embryo be implanted and instead they got two. It is as simple as that. They aren''t saying that they don''t love both of their children.

[cricketmk3]

These are very selfish women who should not have ever had the privilege of raising one child much less two!! The "law of nature" would not have allowed them to have children on their own but technology has given them that chance which is a miracle. They want their lifestyle to be accepted and they want to live their lifestyle like any other couple but instead of being thrilled by an extra child like any other couple would be, they want to complain about the miracles they were blessed with. Poor girls...maybe they only wanted one "mom" and not two! I agree with Mr. Jones!!

[andsab]

What a sad and disgusting world we live in.

[susieq_13]

What a stupid case this is. First off, the two women should not be allowed to raise a child or children. And then to file a lawsuit b/c they had twins. That is just asinine. Those poor little girls.

[drivelphobe]

Lesbians shouldn''t have kids in the first place, and now they get to brainwash two little girls into the queer lifestyle? I feel sorry for these two little girls. Their lives will be a nightmare.

[briansgirl2]

Shame on these parents. They give the term a bad name.

[missybelle-2009]

For the love of God, this is heinous! Exactly, which twin was unwanted? They love and cherish those girls so much they see dollar signs over the head of twin #2. *** need those children taken away and they should both be sterilized.

[shippg-2009]

Do they think that the girls do not (or will not someday) know about this lawsuit and that one of them was not wanted? It does not matter that they SAY they want them both - their lawsuit betrays the truth. Some people should not be parents.

[jetlizhan]

so which twin is the ''unwanted'' one? this is ridiculous - you either love them both or give them to someone who will. what b.i.tches!!!

[eggy1620]

Hopefully the suit will fail in its appeal. Reproductive technology is not an exact science, and having children is not the same as selecting drapes.