A lesbian couple are seeking damages from their doctor after one gave birth to twins after fertility treatment, rather than a single baby.
The women, who cannot be named, are suing Robert Armellin for more than A$400,000 (£167,000) to cover the cost of raising one of the twin girls until the age of 21.
The birth-mother of the girls, who are now aged 3, told the Supreme Court in Canberra that Dr Armellin implanted two embryos, when she had told him minutes before the IVF procedure in November 2003 that she only wanted one.
Look, there is a viability issue here: more than one embryo tends to be implanted because rejection is extremely common. In order to ensure that this woman had a good chance of having even one baby, two were implanted: this is not uncommon and is one of the reasons that IVF carries a far higher chance of multiple children (super-ovulation drugs also contribute in other techniques).
Would these women have sued for the fees had the one embryo not come to term? Actually, they probably would have.
However, I think that one of Timmy's commenters, Effing and Blinding, proposes the neatest solution.
[The doctor] can offer to take the child himself and offer to raise that child. If the woman says 'no' then she has not discharged her duty to mitigate her loss, case over.