If the woman is truly a surrogate mother, both children belong to the "adoptive" parents. If a woman got preg and decided to go through adoption and then had twins, its still her decision on what to do until the adoption papers are signed.
But, that is over simplified. It would depend on what the terms of the surrogacy contract were. Potentially, the adoptive parents could take both children, or each parent could take one.
I'm sure legally they are to take home whatever comes out of the surrogate. Multiple births is a very common risk when using a surrogate mother since they implant several embryos in the hope that at least one will take. The future parents would be aware of that risk if the doctors did their job properly.What would happen if a surrogate mother unexpectadley gave birth to twins?
On Home and Away, and aussie soap, a lady was a sarrogate for her frend, but somehow also became pregnant before the embryo emplanted, so she had two babies, one was biologically hers and the other was her friends, in the end her frinds died but if it hadn't she would have kept hers and her friend would have taken the other.
If it were twins then the mother would take both.
If the surrogate was only the carrier and the egg belonged to the other woman and was implanted inside her once fertilised, then the mother and father to be would be the legal parents of however many children that egg produced (or eggs).
If the surrogate had provided her own egg then it would depend on the terms of the contract that they'd all signed. If no contracts had been signed then it would no doubt ensue in a court battle if the surrogate wanted to keep one of the twins, the outcome of which could be anything.
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