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An advantage of the Common Law

A Queensland woman gave birth to twin children with separate sets of biological parents last year, in what is believed to be an Australian first situation so rare it had not been contemplated by state surrogacy laws.

Bird got regular pregnant at same time as implanted. Twins born, but wholly different parents for each. Local law doesn;t allow breaking up twins or more in adoption, custody cases.

So, in this case, they decide that while “gestational twins” not wholly twins in hte meaning of local law and therefore the genetic parents on each side can continue – as they have for 10 months – their respective children.

Whatever we might think of how we got here it seems the obvious solution to the situation.

But note the joy of the common law system – as opposed to Roman. The judge sits there and looks at the whole thing and then decides. When in possession of the full facts. And wthout varied harpies screaming politics at him – as would be true if this were the sort of thing decided in a legislature.

Well, OK, but I like it, so there.

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Michael van der Riet
Michael van der Riet
1 month ago

I’d love to know, I really would, how this illustrates the difference between Roman law and common law. But common law judges are infallible, y’see.

Tractor Gent
Tractor Gent
1 month ago

Statutes are inflexible. Unless the words in the Act are ambiguous (sometimes (often?) the case), then the judge has limited discretion in ruling.

Ottokring
Ottokring
1 month ago

Solomon had the right idea.

jgh
jgh
1 month ago

Well, presumably the intention was for bird+hubby to have children, so with a doner birth the donor would normally not be the legal parent anyway, so why any confusion? Where there are legal issues this is bog standard normally dealt with by the proper father adopting the doner offspring.

Ottokring
Ottokring
1 month ago
Reply to  jgh

With extra chilli sauce

jgh
jgh
1 month ago
Reply to  Ottokring

Dammit, now there’s a reply I can’t edit the typo.

Ottokring
Ottokring
1 month ago
Reply to  jgh

LOL

It’s so annoying innit ?

Ottokring
Ottokring
1 month ago
Reply to  jgh

LOL

It’s so annoying innit ?

🙂

grist
grist
1 month ago

The common law was fine before we created “human rights”. Now the judges just use “human rights” to render a judgement the State-which pays their wages-requires.
See the “public v chicken nuggets” case…

dearieme
dearieme
1 month ago

I’d like to see a legal system where the courts would say “This law makes no sense, oh Parliament, so give us another one”. I have in mind the absurd drivel about “work of equal value”, an impenetrably stupid, intellectually incoherent phrase.

bloke in spain
bloke in spain
1 month ago

In the Roman system, a case goes first to the Court of First Instance. That court decides if the case is justicable. See where I’m going?

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