A lesbian couple who tried to sue their doctor after having IVF twin girls shouldn't have been allowed to take the case to court, the Australian Medical Association (AMA) says.
In the first Australian case of its kind, the Melbourne parents of four-year-old twin girls sued Canberra obstetrician Sydney Robert Armellin for almost $400,000 for implanting two embryos instead of the requested one.
The ACT Supreme Court on Thursday rejected the couple's claim and ordered them to pay Dr Armellin's legal costs.
ACT AMA president Paul Jones says the case should never have reached court.
"We think that when the outcome is a healthy baby or babies that these matters shouldn't end up in the court," Dr Jones told ABC Radio.
"The AMA wouldn't dispute that where the outcome is an undesirable one people should have the right to take action.
"But as an organisation we've had the view for a long time that when the outcome is a healthy baby that is not an adverse outcome."
The couple is considering an appeal against the judgment, and say they fear their privacy will be further "destroyed" if a suppression order on identifying their names is lifted.
Dr Jones says the ACT government should consider changing the law so people can't sue in such circumstances.
Queensland had already done so and NSW was moving in that direction, he said.
"In light of this case, this is going to be debated and I'm sure the government will have a look at the legislation."
The couple, whose combined income is more than $100,000, sought $398,000 from Dr Armellin to cover the costs of raising one of the girls, including fees for a private Steiner school.
The women's identities may be revealed in 28 days unless they appeal Justice Annabelle Bennett's decision to allow the media to publish their names.
