Twins by different fathers gets court go-ahead

Judge Siraj Desai, of the Western Cape High Court, has authorised the Cape Fertility Clinic to perform artificial fertilisation requested by a same-sex couple that includes the simultaneous transfer of one embryo fertilised with sperm from the one father and another that had been fertilised by his husband. If the in vitro fertilisation is successful, the couple’s children would be twins with different DNA, notes a Sunday Times report. The children would share the same mother. In terms of chapter 19 of the Children’s Act, every surrogate motherhood agreement must go to the High Court for approval before artificial fertilisation of the surrogate can proceed. However, in this case the clinic refused to go ahead without a court order specifically authorising the transfer of two embryos with two different fathers. Cape Town fertility law specialist Andrew Martin, who brought the application before Desai, reportedly told the Sunday Times that the clinic was reluctant to perform the double embryo transfer without a court order because it had received conflicting legal advice about the ‘ambiguous and unclear wording’ of the regulations relating to artificial fertilisation of persons. The report notes that Desai authorised the double transfer, but it cannot be seen as a blanket approval for similar cases. ‘It does, however, provide a precedent, persuasive that such an order has previously been granted and can again be granted,’ Martin said. The transfer is expected to take place next month.

Full Sunday Times report (subscription needed)