Queensland surrogate gives birth to twins with different biological parents in rare case

A rare surrogacy case

A Queensland woman gave birth to twins with separate sets of biological parents last November, a situation so rare it was not contemplated by state surrogacy laws. The woman, a 27-year-old mother of five, was acting as an altruistic surrogate for another couple when she unexpectedly fell pregnant naturally around the time of an IVF embryo transfer.

According to court documents, the surrogate, identified only as DZ, underwent fertility treatment in Queensland to implant an embryo from another couple, BNJ and DRJ. About two weeks after the embryo was inserted in April 2025, an ultrasound revealed she was carrying two foetuses. Subsequent DNA testing showed that one child, a girl, was the biological child of BNJ and DRJ, while the other, a boy, was the biological child of DZ and her husband, FZ. The boy was conceived separately from the embryo implantation and without medical assistance.

Both children were born on the same day in November 2025 via caesarean section. Since then, the two families have been raising their respective biological children separately, and there has been no dispute about the twins' parentage.

Legal ruling

Although the families were in agreement, the situation required a ruling from the Children's Court of Queensland, sitting on the Gold Coast. State surrogacy laws were written to prevent the separation of "birth siblings" born from surrogate pregnancies. In this case, the court had to decide whether the twins fell under that definition.

Judge Jodie Wooldridge found that while the children were "gestational twins," they were not "birth siblings" for the purpose of the Surrogacy Act. She noted the case was "unique" and made an order formalising the parentage of the biological parents.

The court heard evidence from an independent counsellor, who concluded that, on the balance of probabilities, separation of the twins from birth was unlikely to cause psychological harm. "Assuming that both infants are raised in stable and nurturing family systems, the available research does not support the conclusion that separation of the twins from birth is, in itself, likely to cause psychological harm," the counsellor said. The counsellor added that developmental outcomes were more likely to be shaped by the quality of caregiving, family functioning, and openness about origins.

The counsellor also noted that contact between the two families was already established. Judge Wooldridge's judgement said the couples had connected through a mutual friend and "on social media." In her ruling, the judge emphasised that the child's wellbeing was paramount, stating: "That is not to suggest the child … is anything other than loved and wanted."

Background

The couples entered into an "altruistic" surrogacy arrangement, meaning the surrogate received no financial compensation. BNJ, one half of the couple who sought surrogacy, was born without a uterus, a condition that made it impossible for her to conceive. They met DZ and FZ through mutual friends, and DZ agreed to become a surrogate.

The case has been described as an Australian first, with the situation falling outside what lawmakers had anticipated when drafting surrogacy legislation. The court's decision provides clarity for the families involved and allows them to continue raising their children with legal recognition of their parentage.