Subscribe to Breaking News
Loading ...Lesbian Moms Lose Suit Against IVF Doctor
07.24.2008 7:01pm EDT
(Canberra) An Australian court ruled Thursday that a lesbian couple who had twins instead of a single child cannot sue the doctor who performed in vitro fertilization on one of the women.
The couple, whose names cannot be published, filed a lawsuit against Canberra obstetrician Sydney Robert Armellin seeking more than $400,000 for the lifetime care of the second child.Armellin mistakenly implanted two embryos instead of the one that had been sought.
The lawsuit, filed last year in the Supreme Court of the Australian Capital Territory in Canberra, claims that as a result of the error and the additional child, the birth mother is unable to maintain her relationship with her same-sex partner.
The suit claimed that the birth of the second child created emotional stress and the women cannot afford to bring up two children with a combined income of just over $100,000.
The sperm used in the IVF treatment came from an anonymous Danish donor. The twin girls that resulted are now four years of age.
The partner of the birth mother told the court that the stress caused to the birth mother after learning she was about to have twins nearly destroyed their relationship.
Before the twins came along, the mother was described as confident and grounded and the women’s relationship strong.
Choking back tears the partner said that after the birth mother learned she was carrying twins everything changed.
“I find that she doesn’t have the same ability to love that she used to and the same capacity to, I guess, embrace differences and issues as a couple or as a team,” she said.
The attorney for the defendant, Dr Sydney Robert Armellin, suggested to the court that the problems faced by the couple were no different than those encountered by most other couples who become new parents.
In her ruling, Justice Annabelle Bennett said that while the women had expressed their desire for only one embryo to clinic staff, they had not stated that directly to the doctor.
Therefore, she ruled, Bennett had not breached his duty and was not negligent.
I second that…inane! When you get pregnant you take the risk of getting whatever comes your way…twins, disabilities, short, tall, etc. The idea also that on a combined income of $100,000 they would have trouble raising these children is ridiculous. Millions of single parents and couples make far less and do a stellar parenting job with two or more kids. So he transferred two embryos and they had twins…not a rare phenomenon at all. I could see a lawsuit if he transferred 8 and they all took.
You have trouble raising two children on $100,000 a year? There are a lot of parents who raise more children than that on a LOT less. Sure they’re also emotionally distressed but that’s what happens when you have children.
This was in insane lawsuit. If anything, sorry for being blunt, the couple’s capacity to be parents should have been questioned! Instead of being happy that they have healthy kids they spend their energy on lawsuits! Yes, having kids is a stressful job (and twins even more) – the couple might have not realized how much. Grow up! There are countries where lbt cannot have kids or IVF is not an option for them – be thankful not ungrateful! I cannot see how these women can face those of us how struggle to have kids or have kids but struggle to gain custody or visitation.