Queensland surrogate gives birth to biologically unrelated twins

A unique case has tested Queensland's surrogacy laws after a woman gave birth to biologically unrelated twins. The surrogate, already a mother of five, was undergoing fertility treatment to implant another couple's embryo as part of an altruistic surrogacy arrangement.

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On the balance of probabilities and assuming that both infants are raised in stable and nurturing family systems, the available research does not support the conclusion that separation of the twins from birth is, in itself, likely to cause psychological harm.

Unexpectedly, she became pregnant naturally with her own husband during the treatment. Scans revealed she was carrying twins. Subsequent DNA tests confirmed that the baby boy was biologically the child of the surrogate and her husband, while the baby girl was genetically the daughter of the other couple.

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The evidence more strongly supports the view that developmental outcomes will be shaped by the quality of caregiving, family functioning, openness about origins and the thoughtful management of relationships over time.

Nine months after the birth, the two couples have been raising their respective biological babies separately without dispute over parentage. However, the Children's Court of Queensland was asked to rule on the complex situation under state laws that typically preclude the separation of "birth siblings" in multiple births.

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On that basis, it is my opinion that separation of the twins from birth is unlikely, on the balance of probabilities, to result in psychological harm attributable to separation alone.

Judge Jodie Wooldridge determined in a unique ruling that the twins were not "birth siblings" under the law. This decision formalized the parentage of the biological parents. The court considered assessments from an independent counselor who concluded that separation at birth was unlikely to cause psychological harm, provided the children were raised in stable environments and with open communication about their origins.

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The parties have described an intention that the children will grow up knowing one another and be raised with an age-appropriate understanding of their place within the wider family network.