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Canberra Lesbian couple lose out on IVF Compo Case

By captainwhorebags - 24 July 2008 80

The RiotACT previously covered the case of a Canberra Lesbian couple who were suing their IVF specialist because they had asked for one child, yet received two. The case centred around the couple alleging that the doctor acted against their wishes and implanted two embryos, which apparently is standard practice for IVF. The couple, who have not been named, were seeking damages equal to the costs of raising the second child and also cited the loss of freedom and “suffering” for being lumbered with two children instead of one.

News.com.au reports that the ACT Supreme Court has ruled in favour of Dr Armellin, ordering the couple to pay all legal costs. The defence lawyer argued that the loss of freedom was experienced by all parents and was a normal part of parenthood.

The couple have 28 days to lodge an appeal.

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80 Responses to
Canberra Lesbian couple lose out on IVF Compo Case
bd84 8:54 pm 24 Jul 08

Vic Bitterman said :

Sucked in to them. May their children grow up to realise what selfish, horrible people their parents are.

For once I agree.

ant 8:45 pm 24 Jul 08

Seems the same attitude that has seen obstetricians/baby delivering doctors being the most sued, with the result that there’s now a lot less of them, and very few want to work alone in rural areas. Many are opting for group practises where they’re a bit more legally protected and the insurance premium load is shared. People in rural areas are in uproar about no obstetricians, but the cause and effect is very evident.

Pesty 7:57 pm 24 Jul 08

Duke said :

It’s going to be an interesting conversation in a few years time when these kids discover they were so unwanted their parents actually went to court in search of money.

reckon these kids wil be totally messed up enough?

Mordd 7:51 pm 24 Jul 08

Thank god for common sense in the judiciary, it is stupid legal cases like this that give more ammunition to the right wing to argue against IVF for gay couples altogether.

sepi 7:28 pm 24 Jul 08

The Dr did not ignore their wishes – that is the whole point of the judge ruling in his favour and not in theirs.

They had previously signed a piece of paper stating they wanted two embryos put back.

The piece of paper is the legally binding part of the deal. The woman then changed her mind on the operating table while undergoing a general anaesthetic – this is the wrong time to be confirming operation procedures with your dr.

I hope they come to their senses and don’t appeal.

Whatsup 7:21 pm 24 Jul 08

This couple could have put one of their children up for adoption but they chose not to. I hope the parents can put this in the past and move on enjoying their children and providing all the love and care possible. Oh, and if they read this… parenting is tough, get help if you need it.

Duke 7:18 pm 24 Jul 08

It’s going to be an interesting conversation in a few years time when these kids discover they were so unwanted their parents actually went to court in search of money.

Vic Bitterman 7:00 pm 24 Jul 08

Sucked in to them. May their children grow up to realise what selfish, horrible people their parents are.

Feebles 6:21 pm 24 Jul 08

Their sexuality has nothing to do with it. I’m sure a hetero couple would have been just as heavily mocked and pilloried if they pulled this stunt. Those poor little twins. When they find out about this, and you know they will one day, they’re going to wonder which one is the one they didn’t want.

Unbeliever 5:57 pm 24 Jul 08

This is a commonsense decision by the court. However, the other issue is that the GP was negligent and explicitly ignored the instructions of his patient. And seeking redress shouldn’t be right based on sexuality. But I agree that seeking costs through our existing legal system was unwise and opened these women to the kind of ridicule seen in the previous comments.

peterh 5:52 pm 24 Jul 08

BigDave said :

Good to see that common sense has finally prevailed regarding this farce. Those freaks should never have been allowed the treatment in the first place.

agreed, bigdave. what I want to know is whether this will end the potential incidents for other couples, or whether it will be the opening of the floodgates for people who just have kids for cosmetic reasons?

morons, the lot of them. kids are forever, not just an accessory

BigDave 5:43 pm 24 Jul 08

Good to see that common sense has finally prevailed regarding this farce. Those freaks should never have been allowed the treatment in the first place.

peterh 5:31 pm 24 Jul 08

woohoo! as a patient of dr armellin’s, with 3 wonderful kids, all through IVF, I am glad this is over now. you are asked to have either 1 or 2 embryo’s put back, it is your choice. having 2 raises the success rate a bit, but to gain two babies from 2 eggs is a risk.

tortfeaser 5:23 pm 24 Jul 08

Good.

justbands 5:02 pm 24 Jul 08

wow…common sense.

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