Pay up doc, we didn't want twins
July 24th 2008 07:18
An Australian couple will have to pay the costs of raising both their twin daughters after a court today ruled against their claim that their obstetrician should pay the costs of raising one of them.
The lesbian couple, whose names have been suppressed, sued Canberra obstetrician Sydney Robert Armellin for almost $400,000 for implanting two embryos instead of the requested one. The ACT Supreme Court today ruled in favour of Dr Armellin, and ordered the couple pay his legal costs, even after the doctor admitted from the outset that a mistake had been made.
The in-vitro fertilisation procedure, using sperm from a Danish donor, resulted in the birth of twin girls, now aged four. The couple, whose combined income is more than $100,000, sought $398,000 from Dr Armellin to cover the costs of raising one of the girls, including fees for private schooling.
In support of the claim, the court was told the twins' birth mother had lost her capacity to love and the couple's relationship had suffered as they became mired in everyday tasks associated with raising two children. The birth mother claimed that certain aspects of pregnancy, such as buying a stroller, had been extremely stressful to her due to the fact that she was carrying twins. The mother's partner claimed in court that the couple became so overwhelmed with everyday childcare issues that they lost their ability to function as a couple.
The case sparked considerable comment, little of it sympathetic to the claimants. One public comment on a ninemsn.com forum said, "What mother would sue a doctor for giving birth to two babies instead of one? How many people would give anything to be able to have children and she's sitting there 'loveless' and using her children to get money."
The couple's solicitor, Thena Kyprianou, said her clients, who live in Melbourne, were shocked by the decision.
The lesbian couple, whose names have been suppressed, sued Canberra obstetrician Sydney Robert Armellin for almost $400,000 for implanting two embryos instead of the requested one. The ACT Supreme Court today ruled in favour of Dr Armellin, and ordered the couple pay his legal costs, even after the doctor admitted from the outset that a mistake had been made.
The in-vitro fertilisation procedure, using sperm from a Danish donor, resulted in the birth of twin girls, now aged four. The couple, whose combined income is more than $100,000, sought $398,000 from Dr Armellin to cover the costs of raising one of the girls, including fees for private schooling.
In support of the claim, the court was told the twins' birth mother had lost her capacity to love and the couple's relationship had suffered as they became mired in everyday tasks associated with raising two children. The birth mother claimed that certain aspects of pregnancy, such as buying a stroller, had been extremely stressful to her due to the fact that she was carrying twins. The mother's partner claimed in court that the couple became so overwhelmed with everyday childcare issues that they lost their ability to function as a couple.
The case sparked considerable comment, little of it sympathetic to the claimants. One public comment on a ninemsn.com forum said, "What mother would sue a doctor for giving birth to two babies instead of one? How many people would give anything to be able to have children and she's sitting there 'loveless' and using her children to get money."
The couple's solicitor, Thena Kyprianou, said her clients, who live in Melbourne, were shocked by the decision.
Sources: Australian Associated Press, lifesitenews.com, ninemsn.com
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