The Legal Status of Conjoined Twins

The article substantiates the legal status of conjoined twins as two independent subjects of law, based on the legislative approach that defines human life in terms of the life (functioning) of the brain. The separation of minor conjoined twins is permissible with the consent of their parents. However, a medical organization or the prosecutor may petition the court to authorize surgery for saving the children’s lives, disregarding the will or wishes of the legal representatives. Upon reaching the age of eighteen, the decision to undergo separation surgery or to refuse it may be made only jointly by both twins; as such, a decision simultaneously affects the life and health of each. The author argues that, due to the complete or partial loss of the ability to perform self‑care, move independently, or pursue education, the guardianship and trusteeship authority may, upon a joint written application by both adult conjoined twins, establish patronage over them and appoint two assistants. The paper proposes the inclusion in the Civil Code of the Russian Federation of a separate provision specifying the particularities of exercising both non‑property and property rights of conjoined twins. The analysis encompasses family rights and obligations of conjoined twins in relation to guardianship, marriage, and childbirth, taking into account current advances in medicine. The paper also addresses certain elements of the criminal‑law and criminal‑procedural status of conjoined twins. The determination of the consequences of a criminal offense committed by one or both conjoined twins must be based on the type of bodily connection between them and on whether each twin possesses individual consciousness.

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