Children have 'fundamental' right to father's identity, sperm donor trial hears
Jesse Winter for National Post
Olivia Pratten's lawsuit against the provincial government — believed to be the first of its kind in Canada — seeks to amend the B.C. Adoption Act to require physicians to keep permanent records of all egg, sperm or embryo donors and to allow offspring to access those records when they turn 19.
VANCOUVER — Olivia Pratten knows this much about her biological father: he's Caucasian, has brown hair and blue eyes, and has type A blood. But she's missing a major clue to his identity — his name.
Lawyer Joseph Arvay argued before a B.C. Supreme Court judge Monday that Pratten, 28, and thousands of others who are offspring of anonymous sperm or egg donors have a "fundamental" right to know the identity of their biological parents.
"She just wants to know who this person is that gave her life," Arvay said.
Ms. Pratten's lawsuit against the provincial government — believed to be the first of its kind in Canada — seeks to amend the B.C. Adoption Act to require physicians to keep permanent records of all egg, sperm or embryo donors and to allow offspring to access those records when they turn 19.
If adopted children have the right to know about their birth parents when they turn 19, then offspring of "gamete" donors should have the same right to know about theirs, Mr. Arvay said.
Not having that right relegates Ms. Pratten to "second-class citizen" status and represents the province's "wholesale abandonment" of equality rights, Arvay said.
Outside court on Monday morning Ms. Pratten, who was born in British Columbia but now works in Ontario as a journalist, said knowing her father is "part of my identity."
"It's part of my health history," she said. "Half my biological origins are unknown and a mystery to me and are being withheld."
The trial got off to a rocky start Monday when Pratten's lawyer complained that he received written arguments from the opposing side 10 minutes before the trial began.
Arvay called the actions "reprehensible."
A B.C Supreme Court judge stopped the proceedings until Monday afternoon to let him review the document.
The trial is expected to last a week.
Lawyer Joseph Arvay argued before a B.C. Supreme Court judge Monday that Pratten, 28, and thousands of others who are offspring of anonymous sperm or egg donors have a "fundamental" right to know the identity of their biological parents.
"She just wants to know who this person is that gave her life," Arvay said.
Ms. Pratten's lawsuit against the provincial government — believed to be the first of its kind in Canada — seeks to amend the B.C. Adoption Act to require physicians to keep permanent records of all egg, sperm or embryo donors and to allow offspring to access those records when they turn 19.
If adopted children have the right to know about their birth parents when they turn 19, then offspring of "gamete" donors should have the same right to know about theirs, Mr. Arvay said.
Not having that right relegates Ms. Pratten to "second-class citizen" status and represents the province's "wholesale abandonment" of equality rights, Arvay said.
Outside court on Monday morning Ms. Pratten, who was born in British Columbia but now works in Ontario as a journalist, said knowing her father is "part of my identity."
"It's part of my health history," she said. "Half my biological origins are unknown and a mystery to me and are being withheld."
The trial got off to a rocky start Monday when Pratten's lawyer complained that he received written arguments from the opposing side 10 minutes before the trial began.
Arvay called the actions "reprehensible."
A B.C Supreme Court judge stopped the proceedings until Monday afternoon to let him review the document.
The trial is expected to last a week.
Read more: http://www.nationalpost.com/news/Children+have+fundamental+right+father+identity+sperm+donor+trial+hears/3724417/story.html#ixzz13Qkw8CrY
