Third Party Reproduction News Out of Canada

Canada – Alot going on in Canada this past week, including interesting issues being presented in the “sperm donor” case. Case in now in the hands of the judge – not sure on timeline for decision.

Alberta – definition of parenthood:

New legislation in Alberta, Canada looks to change the legal definition of parenthood. An update to the law would “make sure child support orders can be enforced in cases where children are born using assisted reproduction.”

The change would also clarify the issue for the Canadian courts who do not have a universal standard upon which to base their parenthood decisions, partly due to the gap between the existing law and the advances in the field of assisted reproductive technology.

“Bill 22, the Family Law Statutes Amendment Act, would make changes to three existing laws: the Family Law Act would be updated to clarify parentage rules for children born using assisted reproduction. The status of illegitimacy would also be removed from the act, the Maintenance Enforcement Act would be amended to ‘enhance administrative fairness’ and boost the ability of officials to collect outstanding funds and the Interjurisdictional Support Orders Act would be changed to “make orders between Albertans and parties in other jurisdictions easier to enforce,” the province said in a release.

If the legislation is passed Alberta will be the only place in Canada with this type of law.

British Columbia:

Judge Reserves Decision in Sperm Donor Trial:

A woman conceived through sperm donation knows she’ll likely never learn her biological father’s name, but she hopes a B.C. judge will decide that in the future the offspring of artificial insemination will be able to get that information.

In the case, Olivia Pratten explains the following:

“If you found out today that your father was a sperm donor, would you want to know more about him? Would you fight to find out his medical history? Olivia Pratten, 28, found out she was conceived by donated sperm from her mother when she was 5 years old.

As she explains on, “She told me a simple story of the seed and the egg and how ‘daddy didn’t have enough so a nice man gave us extra.’ I was told in a way that made me feel very special, wanted and loved.”

In the 1990’s Ms. Pratten tried to gain access to her donor-father’s records by speaking to the government and various government agencies. There was a glimmer of hope when Bill C-6 was passed into federal law and the Reproductive Technology Agency was established. However, when she asked to have past files protected, as promised when the legislation was passed, they told her they didn’t think it was in their jurisdiction and therefore couldn’t help her. It was then that she felt compelled to file a class action lawsuit. That was two years ago. In October, B.C.’s Supreme Court granted permission for the trial to begin.”

Leave a Reply

Your email address will not be published.