澳大利亚昆士兰州发生了一起罕见案例,一名代孕女性同时怀上了委托夫妇的试管胚胎和自己与丈夫自然受孕的胎儿1。这对双胞胎在11月出生,其中女婴是委托夫妇的生物女儿,男婴则是代孕女性及其丈夫的生物儿子1。昆士兰儿童法庭最终判决允许这两个家庭各自抚养各自的生物子女,这是澳大利亚首例此类案例1。
委托母亲因生来无子宫而无法自然怀孕1。代孕女性现年27岁,已有五个孩子1。法官Jodie Wooldridge KC根据《代孕法》第24条判定这对双胞胎不属于法律意义上的"出生同胞",从而允许分离抚养1。独立咨询员的评估意见认为,分离这两个孩子不太可能单独造成心理伤害1。
A Queensland surrogate gave birth to fraternal twins with entirely different genetic parentage in what marks Australia's first case and only the third globally of its kind 1. The surrogate became pregnant simultaneously with an in vitro fertilization embryo belonging to the intended parents and her own naturally conceived child with her husband, resulting in one female and one male infant born in November 1.
The Queensland Children's Court ruled that the twins do not qualify as "children born at the same time" under legal definitions, permitting the two families to separately raise their biological offspring 1. Judge Jodie Wooldridge KC determined under Section 24 of the Surrogacy Act that separation of the pair was permissible 1. An independent assessor concluded that separation was unlikely to cause psychological harm on its own 1.
The intended mother sought surrogacy due to being born without a uterus and therefore unable to conceive 1. The surrogate, aged 27 at the time of birth, already had five children 1. Queensland law typically prohibits the separation of twins born at the same time, making this judicial determination a significant exception to standard family law practice in the state 1.
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