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CANBERRA - An IVF doctor swore in horror after he mistakenly implanted two embryos in a woman who wanted only one baby, a Canberra court was told during a landmark case.
In the first case of its kind in Australia, a lesbian couple is suing the prominent Canberra obstetrician, Dr Sydney Armellin, for more than $A400,000 in the ACT Supreme Court for implanting two embryos instead of the requested one.
The procedure, which used sperm from a Danish donor, resulted in the birth of twin girls, who are now aged three.
Their mothers, whose combined income is almost $120,000, want $398,000 to cover the costs of raising one of the girls, including fees for a private Steiner school in Melbourne.
They are also seeking about $15,000 to compensate them for time off work, plus an additional amount for medical expenses.
Minutes before the procedure at the John James Medical Memorial Hospital in Deakin on November 13, 2003, the birth mother told Dr Armellin she wanted only one embryo implanted.
Dr Armellin said he warned the woman she could still have multiple pregnancies if the embryo split and she replied, "Do not even joke about it. I only want one," according to her barrister, Hugh Marshall, SC.
The obstetrician did not tell the embryologist of the woman's wishes before the procedure began. Dr Armellin told the court he only realised two embryos had been inserted moments after the embryologist had sent them down the catheter.
"I said, 'I understand she only wanted one embryo.' & The embryologist said, 'No, there are two; she signed for two.'
"[I said] Oh f---."
Dr Armellin said the usual practice of the embryologist talking to a patient before a procedure did not occur because the woman was under general anaesthetic. "Yes, it was an incorrect procedure, I acknowledge that," Dr Armellin said.
The birth mother, who cannot be identified for legal reasons, said she and her partner briefly considered adopting out one of the girls but quickly dismissed the idea. She said adopting out one child would be unfair to both girls. "The burden is not the children's to bear. The burden is ours alone."
Justice Annabelle Bennett is expected to hear evidence from the birth mother's partner today.
- AAP
