Lesbian couple sue doctor for extra baby

Lesbian couple sue doctor for extra baby

A lesbian couple, who have three year old twin daughters, are suing Canberra obstetrician, Dr Robert Armellin, for wrongful birth after he supervised the implantation of two embryos instead of one into the birth mother during an IVF procedure.

The women are suing the doctor for the cost of raising the mistakenly implanted second child. The sum includes funds for private school, medical expenses and lost wages.

The mother claimed that certain aspects of pregnancy were extremely stressful to her – for instance, buying a stroller – due to the fact that she was carrying twins.

The mother’s partner claimed in court that the couple became so overwhelmed with every day childcare issues that they lost their ability to function as a couple.

Dr Amellin has admitted that a mistake was made in implanting two rather one embryos. There is an issue about whether the mother changed her mind about one instead of two at the last moment before the procedure.

There has been some criticism that the mainstream media has focussed on the couple because they are a lesbian couple rather than a married, heterosexual couple.

The last time a couple sued when a child was wrongly born (due to the failure of clips for a tubal ligation) the case was ultimately thrown out of court by the High Court on the basis that it was a joy to have a child and the positive impact their child had on their lives.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Page Provan Calls for Repeal of Surrogacy Parentage Regulation Changes

On 9 October 2026, our director Stephen Page wrote to the Attorney-General, the Hon Michelle Rowland MP, calling for the repeal of Part 3 of the Family Law Amendment (2026 Measures No. 1) Regulations 2026. If left in place, these regulations will remove the statutory presumptions that currently help establish the legal parentage of children… Read More »Page Provan Calls for Repeal of Surrogacy Parentage Regulation Changes

Australian Surrogacy Law Change: 3,000 Children’s Parentage at Risk

A change to Australia’s family law regulations threatens to remove an important layer of legal certainty for nearly 3,000 children born overseas through surrogacy. For their families, the issue is anything but technical. It concerns whether Australian law presumes that the people raising these children are their parents. The repeal of regulation 10.3 of the… Read More »Australian Surrogacy Law Change: 3,000 Children’s Parentage at Risk

Infertility Week: 4 things that can stop surrogacy

Infertility can eat away at a person’s sense of hope. It can make ordinary moments painful: a pregnancy announcement, a family gathering, or the seemingly endless appearance of babies everywhere. For someone longing to become a parent, the question can become deeply personal: why does parenthood seem possible for everyone else? Infertility awareness is not… Read More »Infertility Week: 4 things that can stop surrogacy

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board