Olivia Pratten succesfully sued the B.C. government to force changes in the B.C. Adoption Act to allow the offspring of sperm, egg and embryo donors to find out who their donors are. (Jonathan Hayward/Canadian Press)The B.C. Supreme Court has struck down provincial legislation that protected the identity of sperm donors. The court also prohibited the future destruction of any records and ordered the province to draw up new legislation in line with the Charter of Rights.
Lawyers for Olivia Pratten had argued that the existing rules discriminated against the children of sperm donors. The court ruled in her favour on Thursday. "It is a total win for us. No more anonymity. Donor offspring have been recognized as having the same rights as adoptees in B.C.," said Pratten after the ruling was released. In the decision, Justice Elaine Adair wrote that the rights of the child must be protected in sperm donation, much like they are protected in cases of adoption in B.C. "I conclude, based on the whole of the evidence, that assisted reproduction using an anonymous gamete donor is harmful to the child, and it is not in the best interests of donor offspring," wrote Adair.
"I grant a permanent injunction, in accordance with these reasons, prohibiting the destruction, disposal, redaction or transfer out of B.C. of gamete donor records in British Columbia," she wrote. The ruling gives the province 15 months to enact conforming changes to the B.C. Adoption Act that are in line with the Charter of Rights.
Pratten was conceived through sperm donation. The 28-year-old journalist fought for years to learn her biological father's identity, but was eventually told the doctor legally destroyed the records in the 1990s.
She then decided to sue the B.C. government on behalf of other children who still have hopes of learning their parentage and to ensure donor records are preserved indefinitely and that children can have access to the records when they turn 19.
Lawyers for Olivia Pratten had argued that the existing rules discriminated against the children of sperm donors. The court ruled in her favour on Thursday. "It is a total win for us. No more anonymity. Donor offspring have been recognized as having the same rights as adoptees in B.C.," said Pratten after the ruling was released. In the decision, Justice Elaine Adair wrote that the rights of the child must be protected in sperm donation, much like they are protected in cases of adoption in B.C. "I conclude, based on the whole of the evidence, that assisted reproduction using an anonymous gamete donor is harmful to the child, and it is not in the best interests of donor offspring," wrote Adair.
"I grant a permanent injunction, in accordance with these reasons, prohibiting the destruction, disposal, redaction or transfer out of B.C. of gamete donor records in British Columbia," she wrote. The ruling gives the province 15 months to enact conforming changes to the B.C. Adoption Act that are in line with the Charter of Rights.
Pratten was conceived through sperm donation. The 28-year-old journalist fought for years to learn her biological father's identity, but was eventually told the doctor legally destroyed the records in the 1990s.
She then decided to sue the B.C. government on behalf of other children who still have hopes of learning their parentage and to ensure donor records are preserved indefinitely and that children can have access to the records when they turn 19.
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