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An Australian surrogate has given birth to twins who are not related to each other, a rare case that forced Queensland's children's court to rule on whether a boy and a girl could be raised separately by their biological parents. The 27-year-old woman, known only as DZ, already had five children when she offered to carry a baby for a couple who could not conceive because the intended mother was born without a uterus.
What happened in the surrogate twins case?
In April 2025, doctors transferred an IVF embryo created with the genetic material of the intended parents into DZ's uterus under an altruistic surrogacy arrangement. A month later, a scan revealed she was pregnant with twins. DNA testing after the birth in November 2025 showed the baby girl belonged to the intended parents, while the baby boy was the biological child of DZ and her partner, FZ.
How did the surrogate become pregnant with unrelated twins?
The surrogate had apparently not followed medical advice to avoid unprotected sex around the start of the pregnancy, leading to a natural conception alongside the IVF transfer. This produced what the court called gestational twins who were conceived separately and genetically unrelated.
Key timeline of the case
- April 2025: IVF embryo transfer for the intended parents
- May 2025: Scan reveals a twin pregnancy
- November 2025: Caesarean birth of a boy and a girl
- August 2026: Queensland court formalises parentage
Why did the court have to intervene?
Queensland's surrogacy laws ban separating birth siblings, so the judge had to decide whether the twins were legally birth siblings under the act. Judge Jodie Wooldridge KC ruled they were not, because they were conceived separately and are genetically unrelated.
The case was sufficiently deviant to not strictly follow the law, the judge said. She added that there is no suggestion that the child is not loved and welcome, referring to the surrogate's sixth child.
| Feature | Birth siblings | Gestational twins (this case) |
|---|---|---|
| Genetic relationship | Share genetic parents | Different genetic parents |
| Conception | Same pregnancy, same conception event | Separate conception events (IVF + natural) |
| Legal treatment under Queensland law | Cannot be separated | May be raised separately after court ruling |
Impact on surrogacy law and family arrangements
The two families reached a private agreement and now each raise their own biological child. They plan for the twins to know each other as they grow up. The ruling is believed to be an Australian first and only the third reported case worldwide, according to the Independent newspaper.
Legal experts note the decision highlights a gap in Queensland's altruistic surrogacy laws, which were not designed to contemplate a surrogate carrying two children with separate sets of biological parents at once.
Frequently Asked Questions
Can a surrogate give birth to twins with different parents?
Yes, in extremely rare cases where a surrogate becomes pregnant naturally while also carrying an IVF embryo, the resulting twins can have different biological parents.
Are the twins considered siblings?
The Queensland court ruled they were gestational twins but not birth siblings under the law, because they were conceived separately and are genetically unrelated.
Why did a judge need to approve the separation?
Queensland surrogacy law normally forbids separating birth siblings, so the judge had to rule on whether the twins could be raised by their respective biological parents.
How common is this?
This is believed to be the first such case in Australia and only the third reported case worldwide.
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