Legal experts weigh who would be the 'mother' if conjoined twins Abby and Brittany Hensel have a baby
After the Minnesota sisters were photographed with an infant, attorneys say parentage could be decided by birth records, genetic testing and state law — and may require court action
Legal experts are parsing how parentage would be recorded if conjoined twins Abby and Brittany Hensel — who share a single body from the waist down — were to welcome a child, after the sisters were recently photographed carrying an infant into a car.
The 35-year-old twins, born with a rare form of conjoining called dicephalic parapagus, have two heads and two hearts but share a single lower body and reproductive anatomy, according to long-standing public reports. The pair first became widely known after appearing on The Oprah Winfrey Show and the cover of Life magazine in 1996 and later had a reality television series. They have since lived a more private life; Abby Hensel married U.S. Army veteran Joshua Bowling in 2021, while Brittany remains single. Neither sister nor Bowling has publicly confirmed whether the child in the photographs is theirs.
Legal scholars and family-law attorneys contacted after publication of the photographs said several legal pathways could determine who is recorded as the mother, and that outcomes would vary by jurisdiction. They emphasized that the starting point in most parentage disputes is the birth certificate and the manner in which it is completed.
"In many states, the person who gives birth is presumed to be the legal mother," one family-law attorney said, noting that administrative practices typically rely on the name entered on the birth certificate and on medical records documenting who delivered the child. But attorneys cautioned that the Hensel case presents unusual medical and factual questions that could require a court to interpret existing statutes or issue a parentage order.
Genetic testing, which establishes biological maternity or paternity by comparing DNA, could play a role if there were competing claims. In situations where genetic parentage conflicts with the name on a birth certificate, courts have been asked to decide whether to amend records to reflect genetic ties, the experts said. They also noted that modern parentage law recognizes several bases for legal parenthood: genetic relationship, gestational birth, and documented intent or custody agreements established before or after birth.
Because Abby and Brittany share a single set of lower organs, the question of which sister is the genetic parent could be complicated. Experts said medical records, including prenatal care and delivery notes, would be central to determining who, if either alone, gave birth in the medical sense. If medical documentation identifies one sister as the delivering party, that sister could be listed on the birth certificate under rules in many states.
Attorneys also noted that state laws differ on presumptions of parentage and on whether more than one person can be listed as a mother. Where a mother is married, a spouse may be presumed a parent under some statutes, which could bear on who is recorded as the father or second legal parent. If uncertainty remained or competing claims arose, family courts are empowered to adjudicate parentage, assign parental rights and order changes to official records.
Beyond statutory and evidentiary questions, experts highlighted privacy and consent issues that could affect any legal proceedings. Medical teams generally protect patients' privacy, and courts typically balance privacy interests against the need to establish legal rights and responsibilities for a child. In high-profile or unusual cases, a court could be asked to issue a declaratory judgment to clarify parentage and resolve related matters such as custody, child support or entitlement to parental leave and benefits.
The Hensel twins have previously discussed their intention to become mothers. In public interviews they have said they hoped to have children someday. The recent photographs prompted renewed public interest in how the law treats parentage in cases that challenge conventional biological and legal categories.
Legal experts emphasized that there is no single nationwide answer and cautioned against drawing definitive conclusions from images alone. They said that any official determination would rely on medical records, the details of conception and birth, the twins' own statements or legal filings, and the statutes of the relevant state. If disputes arise, a court would likely be the forum to resolve conflicting claims and to issue a binding determination.
For now, the Hensels and their family have not provided public confirmation about the child's identity or parentage. Observers and legal specialists said that, given the complexity and the twins' longtime preference for privacy, any legal resolution could occur quietly through administrative channels or might come to light only if parties seek judicial clarification.