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UK Couple Discover Surrogacy Twins Not Biologically Related After Agency Error

A British-based couple discovered their twins, born via an overseas surrogacy agency, had no biological connection to them. DNA tests for British citizenship revealed the agency mistakenly used donor sperm.

  • A British-based couple, identified as PP and QQ, discovered through DNA tests that twins born via a Sri Lankan surrogacy agency were not biologically related to them.
  • The couple had intended for the embryos to be created using the father's sperm, but DNA results showed donor sperm had been used instead.
  • The agency, Wish Fertility, claimed the couple had consented to donor sperm use, a claim rejected by the High Court.
  • Mr Justice Peel described the couple as 'blameless' and granted an adoption order, allowing them to legally parent the children they 'adore'.
  • The incident highlights the complexities and potential pitfalls of international surrogacy arrangements.

A UK couple's dreams of parenthood have been shattered by a shocking discovery: twins born through surrogacy in Sri Lanka are not biologically related to them. The revelation emerged during DNA tests required for the children's British citizenship application, which revealed that the intended father's sperm had not been used in the fertilisation process.

The couple, referred to as PP and QQ in court documents, had turned to surrogacy after years of unsuccessful attempts to conceive, including IVF treatments. They had previously endured the heartbreak of losing twins born via IVF in India. For their Sri Lankan surrogacy, a family friend acted as the surrogate, and the couple explicitly requested that the embryos be created using donor eggs and PP's sperm. Wish Fertility, the agency involved, confirmed this in writing.

However, DNA tests conducted for the Home Office revealed that PP was not the biological father of the twins. This finding, described by the children's mother as a "devastating" blow, prompted an investigation into the circumstances of the embryos' creation. The Home Office was informed, and British citizenship was subsequently granted to the seven-month-old twins in March.

Wish Fertility initially claimed that the couple had signed a consent form permitting the use of donor sperm alongside PP's, and that embryologists had used both samples, making it impossible to determine which sperm fertilised the implanted embryos. However, this assertion was strongly refuted by Mr Justice Peel in a recent judgment. He stated there was no evidence of such a consent form and that no issues with PP's sperm quality had been raised, thus negating any need for a donor.

Furthermore, Mr Justice Peel found the clinic's claim that it was impossible to differentiate between sperm samples during embryo creation to be "startling" and "improbable." Given that two embryos were transferred, resulting in non-identical twins both unrelated to PP, it appeared highly likely that PP's sperm was not used at all. The judge concluded that the couple were "blameless" and were "desperate to bring up the children, whom they adore," granting an adoption order after they were forced to withdraw their application for a parental order.

Why this matters: This case underscores the significant emotional and legal complexities that can arise from international surrogacy, particularly when errors occur. It highlights the vulnerability of intended parents to potential malpractice or miscommunication in foreign jurisdictions.

What this means for you: What this means for you: For UK residents considering international surrogacy, this case serves as a stark reminder of the importance of thorough due diligence, clear contractual agreements, and understanding the legal frameworks in both the UK and the country where the surrogacy takes place.

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