December 2, 2022

BC government appeals sperm donor ruling

The British Columbia government is appealing a judicial ruling in May which abolished sperm donor anonymity. It was the first of its kind in the US or Canada. The BC government will contend that the trial judge erred in law when it struck down the province’s Adoption Act as discriminatory and therefore unconstitutional.

The British Columbia government is
appealing a judicial ruling in May which abolished sperm donor anonymity. It
was the first of its kind in the US or Canada. The BC government will contend
that the trial judge erred in law when it struck down the province’s Adoption
Act as discriminatory and therefore unconstitutional.

The original case was brought by
29-year-old journalist, Olivia Pratten, the child of an anonymous sperm donor,
who wanted the same rights as adopted children to access their biological
parents’ records when they come of age. The appeal has upset advocates for the
removal of anonymity. An Australian activist, Damian Adams, said in a statement:

“One wonders what message this appeal sends to the
donor conceived such as Olivia Pratten. Perhaps the issue should have never
reached the courts and the welfare of offspring deemed important enough to
legislate change and implement programs based on ethical principles rather than
legal argument.

“On the positive side for the donor conceived people
of British Columbia and even Canada is that if the appeals go high enough, and
if the decision of Adair is upheld, then donor anonymity will have ended not
just in British Columbia but all provinces. Thereby acknowledging that the
Donated Generation has the same rights as all of their follow Candians and they
will no longer be discriminated against based on their method of conception.”

Vancouver
Sun, June 24

Michael Cook