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While adoptive children have the right to information about their birth parents and children of sperm donors have no rights to information about the donors, there is no discrimination, the province argued Tuesday.

That's because the provincial law is targeted at adoptive children and does not address - or violate - the constitutional rights of children of gamete donors, who can remain anonymous, provincial lawyer Leah Greathead told the B.C. Court of Appeal.

The province is appealing a B.C. Supreme Court ruling that gave offspring of gamete (sperm or egg) donors the same rights as adopted children, who have had rights to access their birth records since the law was changed in 1996.

Two days have been set aside for the appeal case, which continues today. The landmark lawsuit being heard Tuesday, the first of its kind in North America, was launched by B.C.-born Olivia Pratten, who now lives in Toronto.

The provincial government also argued that Pratten is seeking rights that are not afforded to all children, as children who are not adopted must rely on getting genetic or medical information from a parent.

For example, a single mom can choose whether or not to tell her child who the father is. The province also argued more information is available today about sperm donors than there was 30 years ago.

Greathead noted that a woman who wants to use donated sperm today can usually get information on a donor's health and temperament. The woman can also seek out a donor willing to be identified.

In an interview during a break in the court proceedings, Pratten noted donor information is only accessible by voluntary agreement. She wants to see laws in place that ensure records of gamete donors are maintained and are available to the children of those donors.

"There's a complete void in the law," said Pratten, 29. She said she's been told by legal experts to expect the case to go to the Supreme Court of Canada. Pratten said the case is not about opening up old files - hers have been destroyed - but about changing the law going forward.

Her lawyer, Joseph Arvay, told the court his client simply wants the same benefits that adopted children have under the province's laws. "I say the legislative scheme is discriminatory when it provides benefit to adoptive people ... because they have real needs [to know their genetic heritage and medical history] and deny benefits to those who have the same needs," argued Arvay.

The judges peppered Arvay with questions, noting the state has chosen not to create laws regulating the sphere of artificial reproduction. "It's [using a gamete donor] a matter of personal choice," noted Justice Mary Saunders.

In May 2011, B.C. Supreme Court Justice Elaine Adair struck down the Adoption Act on the grounds that it was discriminatory and therefore unconstitutional. She suspended the effect of the ruling for 15 months to allow the government time to draft legislation so it does not violate Canada's Charter of Rights and Freedoms.

The judge also granted a permanent injunction to prohibit the destruction and disposal of the records of gamete donors. Countries such as Sweden, Holland, the U.K. and parts of Australia no longer allow anonymous gamete donations.

Article: 20th February 2012 www.vancouversun.com

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BIRTH certificates could be secretly tagged with the identity of sperm or egg donors under a controversial New South Wales Government proposal to help children track down their biological parents later in life.

Notes or "hidden" addendums would be linked to the certificates, telling the child that more information relating to their donor was available when they turned 18.

The move would mean all donor details could be recorded on the NSW Registry of Births, Deaths and Marriages for the first time.

The current Assisted Reproductive Technology Register, overseen by NSW Health since its introduction in 2010, covers commercial conceptions but excludes non-medical donations or private arrangements.

In a submission to a parliamentary inquiry, Department of Premier and Cabinet deputy director-general Vicki D'Adam suggested that the option of a hidden record would still allow the child to use the birth certificate for public identification purposes without possible embarrassment.

"Options for including donor information on the birth certificate would need to take into account issues of privacy to ensure that donor-conceived children are not stigmatised by being treated differently to other children," she said.

The inquiry was launched last year after the NSW District Court ordered that a NSW sperm donor be removed from his daughter's BDM register. It ruled that the birth mother's former partner had the right to be named on the register, despite the donor maintaining a close relationship and financial support for the child since birth.

The law says only two parent names can be on the BDM register.

Article: 17th February 2012 www.heraldsun.com.au

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VANCOUVER — The long-running battle over sperm donor anonymity is heading for the B.C. Court of Appeal on Tuesday. Lawyers for the B.C. government are expected to seek to overturn a ruling that last year struck down as unconstitutional the anonymous sperm-donor law. The appeal is scheduled to be heard over two days.

Olivia Pratten, who was born in B.C. and now lives in Toronto, has been trying unsuccessfully for 10 years to find out details about her biological father, who was an anonymous sperm donor.

The May ruling by B.C. Supreme Court Justice Elaine Adair suspended her decision for 15 months to give the B.C. legislature time to redraft the Adoption Act to bring it in compliance with the Charter of Rights.

But instead of passing new legislation, the government has opted to appeal the ruling. Pratten believes the government is just stalling for political reasons that are unclear to her.

“In my eyes, it’s a delay tactic,” she said of the government appeal. “They don’t want to deal with it, but that’s been the problem since whenever we’ve done this. It gets bounced around between provincial and federal governments and no one wants to deal with it.”

Pratten added that while it’s been frustrating, scholars and legal experts have told her that the case will likely wind up being appealed to the Supreme Court of Canada in any event.

The judge found that the law was unfair because it allowed adopted children to find out information about their biological parents, but prevented donor offspring such as Pratten from finding out anything about their parents.

“In my view, the evidence in this case provides strong support for the conclusion that the circumstances of adoptees and those of donor offspring with regard to the need to know and have connection with one’s roots, are closely comparable,” said the judge.

Article: 13th February 2012 www.montrealgazette.com

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The courts are all talking about same sex parenting disputes. The Court of Appeal has this week been hearing from a donor applying for contact with his biological son against a lesbian couple who say they feel “bitterness and betrayal” (the case has not yet been decided but you can read the coverage in the Telegraph here). This follows the decision just a few weeks ago by High Court judge Mr Justice Hedley (in P&L (minors) 2011, available here in full) which dealt with a very long and bitter dispute about the role of gay donor dads to two children (aged 10 and 6) being raised by their lesbian mothers. The courts are feeling their way with what they call new models of alternative parenting, and trying to develop an approach for these types of cases, which are far from traditional family law disputes.

Having advised many same sex parents (both at the planning stages and those who end up in dispute) we see some wonderfully successful co-parenting arrangements. But where they go wrong, they go horribly wrong. What is interesting, though, is that parents always seem to fall into one camp or the other. I can honestly say that none of the clients we have advised at the planning stage has ever come back for legal representation later. Equally, not one of the clients we have represented in disputes took legal advice at the outset.

So here are our tips on how to make your co-parenting or known donation arrangement a successful one, and how to avoid ending up in court:

Talk, talk, talk (and more importantly listen, listen, listen)

Don’t rush into trying to conceive. Get to know each other, have honest conversations about the roles you will have and how much involvement you all want. Be as clear as you can about your expectations and be honest with each other and yourselves. If things don’t feel right, have the courage to walk away. There are always other options. You could find another donor or co-parent, or choose unknown donation (as mums) or surrogacy (as dads) if what you really want is parental autonomy.

Understand what roles you will all have

Justice Hedley was keen to “stress the importance of agreeing the future roles of the parties before the first child is born“. And this fits with our experience. Almost all the cases we have seen which have ended up in dispute are ultimately about status. Is the biological dad a father or a donor? Are you equal co-parents, or primary and secondary parents, or parents with another adult role model? Make sure you talk about how you see yourselves and each other, as well as the day to day practicalities of managing your child’s care.

Understand how the law works

The law on parentage is complicated, and who will be the legal parents (and what goes on the birth certificate) depends on the facts, including how you conceive and the birth mother’s marital status. There may be all sorts of different options, both for choosing who the legal parents are and for giving some parental status to the other co-parents if you want to, and problems can often arise where parents have expectations (for example about what goes on the birth certificate) which can’t be met. Take legal advice, or check out the free information on our website about this.

Put in place a written agreement

Donor agreements may not (strictly) be legally binding, but they are incredibly useful. I have always advised parents that putting something in writing helps with the planning, facilitates honest conversations and sets a framework which everyone will feel morally bound by, giving clarity and transparency and setting a really strong foundation.

However, it now seems they may be more legally binding than we previously thought. Although the issue is still untested (the parents in P&L did not have a written agreement, which I suppose comes back to my point that it is not the parents with properly prepared legal agreements who end up in court) the case suggests that the court will pay attention if there is one. Mr Justice Hedley said, in the strongest indication yet, that “the court will be bound to give careful consideration and weight to any such agreement“.

There is no standard format for a donor or co-parenting agreement, but having something which is accurate and personal to you (and prepared with a solid understanding of how the law applies in your particular circumstances) will be much more helpful than any standard pro forma.

If you need help with planning a co-parenting or known donation arrangement, or if you need representation in a dispute, feel free to contact us.

Article: by Natalie Gamble Associates 10th February 2012

Read more about your legal rights when using a known donor at www.prideangel.com

A gay man who donated his sperm to enable his lesbian ex-wife to become pregnant is demanding overnight and holiday access to their two-year-old son. The woman and her female partner have instructed their lawyers to fight the man's demands on the basis he has 'betrayed' a 'pact' the threesome made before the baby was conceived, in which they allegedly agreed he would have 'limited' parental rights. The parents are not being named in order to protect the little boy's identity, but are reportedly all highly-paid professionals living in central London.

The father is said to have attended the baby's birth and currently has five hours of contact a fortnight with him. He claims he was always more than just a sperm donor, and now wants the right to have a full parenting role in his son's life. The Appeal Court heard that the man had been 'utterly consistent' in his desire to parent the little boy, and gained 'pleasure and joy' from interacting with his son.

The child's mum, however, says they had a 'clearly agreed' pact with the man before the baby was even conceived, which stated she and her female partner would be the 'primary parents' within a 'two-parent, nuclear family'. The court heard that the man was previously in a marriage of convenience with the woman which ended in divorce.

The Appeal Court judges are now being asked to rule whether the toddler would the better off with 'three parents and two homes'. The lawyer for the mum and her partner said the couple had been left with 'bitterness and betrayal' and would have used an anonymous sperm donor if they had known the dad would take this stance.

Charles Howard QC, told the court: "Notwithstanding their sexuality and that they acknowledge to that extent that they are an alternative family, the mother and her partner hold very traditional views of family life and would not have chosen to bring a child into anything other than an intact, two-parent, family.

"The ideal upbringing for a child is a stable home in which the parents love each other and had together chosen to bring a child into the world. This is the upbringing which the mother and her partner always wanted to create for this little boy. They were always of the view that their son's best interests militated against him spending very much time away from them or from his home.

"The intention was always that the father, who was at one time their close friend, would generally see the boy in their company by sharing in activities and family events. The breakdown of the friendship has had the result that the boy is spending far more time away from his primary parents than they had anticipated."

"To this couple, the concept of 'three parents, two homes' repeated so often by the father, is very alien and has never been something they could consider. This is something which they have had to accept but it represents a significant departure from their initial plans for their son's upbringing. They cannot conceive of their child being shuttled, physically but more significantly emotionally, between two homes and it is something that they believe will harm their son and cause significant emotional damage."

The dad's lawyer said his client had no desire to undermine the role of the mum and her partner as the child's primary carers, but wants sufficient contact with the toddler to enable a 'developing relationship' with his only son. What a messy situation!

This article shows the importance of setting out clear intentitions between recipients and donors prior to conception and that legal sperm donor agreements must be put in place to help with any possible future disputes. Read more about sperm donor legal rights.
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Article: 7th February 2012 www.parentdish.co.uk

Auckland woman who wants a "dragon baby" appealed for sperm donors from across the country to step forward and help. Bevan Chuang, a single 30-year-old, wants to get pregnant this year so her baby is born in the Chinese year of the Dragon which is considered the most auspicious sign in the 12-year astrological cycle. The New Year was welcomed in on January 23 and will run until February 9 next year. According to Chinese astrology, dragon babies are destined to be wealthy and successful.

Chuang went public with her search earlier this month and has since been contacted by about 20 men. With just a couple of months to fall pregnant Chuang has made shortlist and will spend the next few weeks meeting the possible fathers. "About five or six of them are genuine, like they really want it because they understand where I'm coming from and they want to help me pursue what I want to do. "I've had people who are older that tell me they already have children but they just want to help me. "And then I have one single man who has been having trouble finding a partner so he just wants a child."

Potential fathers for her child have ranged in age from 27 to men in their 40s and offers had come in from around the country. "There's a few from the South Island, a couple from Christchurch, someone from Kaitaia - they're not all from Auckland." She said rather than conducting a formal interview she just wants to meet potential donors and find out what they're like. "The correspondence I have got so far has just been electronic, I haven't met these people."

She would also like the donor to be part of the child's life. Chuang, whose sperm donor quest has landed her on television and radio, said feedback from the public has been mixed. "It's been interesting to see the comments online, to see what people assumed was the motive behind it. "There are people, especially my friends, who are really supportive but there are people saying I wasn't being responsible or that I was selfish to have a child as a single woman. She said one person accused her of trying to get residency, but having a child here wouldn't entitle her to that anyway.

Chuang said it was English-speakers who were surprised at her request. "I think in China it's more acceptable because it's not uncommon that people want a child in this year." China is expected to see a five per cent increase in the birth rate this year as a result of couples trying to have dragon babies.

Are you looking for a sperm donor? or wanting to help single, lesbian and infertile couples? visit www.prideangel.com

TYING the knot in matching gowns, tiaras and hairstyles, lookalike lovers Anna Jones and Kirsty Cox were the picture of happiness But, a shadow of sadness marred the joy of the new Mrs and Mrs – they both dreamed of being a mum and feared it could never happen for them.

Anna, 28, and Kirsty, 23, loved caring for their little nieces and nephews but, unable to afford expensive fertility treatment, knew they would never be parents themselves. Until Anna’s sister Lorraine mentioned their plight to her hairdresser, Brian – and he agreed to help create their family.

With a sperm donor miraculously in place, the grateful couple decided to take it turns to try for a baby – expecting a long wait. But to their amazement Anna and Kirsty got pregnant within two weeks of each other, and gave birth just five days apart. Kirsty had daughter Scarlett-Marie, and then Anna produced son, Alfie. Now the pair are proud parents to two babies who are often mistaken for twins.

Beaming, Anna told the Mirror: “We are overjoyed. We’ve now got the perfect family although this time last year we thought we’d never have children of our own. “Brian has given us a wonderful gift and we are so grateful to him. It was a chance in a million that my sister’s hairdresser was thinking of becoming a sperm donor. “And the chances of Kirsty and I both getting pregnant at the first attempt must be pretty remote too!”

Anna and Kirsty, who live in Gloucester, had been together for six years but became civil partners in June 2010. Anna says: “It was the happiest day of our lives. But once we were married it brought home how much we wanted to be parents. “Every time my sisters’ children came to stay I’d tuck them into bed thinking, ‘I wish we could have a little one of our own’.

“We weren’t able to afford fertility clinics and knew we could be on the NHS waiting list for years. “We knew we’d make great parents, but told ourselves it probably wouldn’t happen and just had to accept it.” And that was that until sister Lorraine went to have her hair done and opened up to Brian.

Anna recalls: “Kirsty and I were watching TV when she got a text from Lorraine saying she’d found us a donor. “I thought Lorraine was just having us on and said, ‘Oh yeah?’ very sarcastically.” But moments later Anna’s phone rang. Anna says: “Lorraine told me her hairdresser was gay and understood how difficult it was for couples like us.” A week later Brian called round for tea.

Anna says: “He asked us loads of questions. Then he said we were lovely people and deserved the chance to be parents. “He didn’t want payment and he was happy to have no involvement in the child’s life if that’s what we wanted, so we knew there was no ulterior motive.” After a few more meetings and Brian proving he was in good health, the threesome agreed to start trying for a baby. But there was one problem.

Anna explains: “We both wanted to experience carrying a child and giving birth. So we decided it was fairest to take it in turns until one of us got pregnant.” The couple went online to learn how to artificially inseminate themselves using the donated sperm and a syringe, but when Brian arrived on the day were all nervous. Anna says: “We were giggling and kept chatting because we felt uncomfortable. But then I said, ‘Right, shall we get on with it?’ “I handed Brian a plastic beaker we’d bought especially for the job and Kirsty and I went into the bedroom and waited.”

Later, after they thanked Brian and he left, the couple agreed that Kirsty would go first and Anna did the insemination. Anna goes on: “Afterwards Kirsty lay on the floor with her feet up against the wall because we read that would increase the chances. I just thought this is never going to work.” A couple of weeks later Brian visited again for Anna. Then, a few days later Kirsty’s period was late. A first pregnancy test was negative, but the next day she did it again and was thrilled to find she was pregnant.

Anna recalls: “We were jumping around the kitchen with joy. We simply couldn’t believe this had happened on our first attempt.” Then two weeks later Anna started to get bad cramps. She says: “Kirsty kept joking that I was pregnant. But I thought ‘There’s no way.’ “But when my period didn’t arrive I did a test too. Positive. “We were in shock. I sent Brian a text telling him the news. He replied ‘Congratulations. I’m so happy for both of you’.

“When I went with Kirsty for her first scan the midwife thought we were sisters because we look so much alike.” And being pregnant together really strengthened their relationship. Anna says: “We got to feel each other’s bump when the babies started to kick. And it brought us even closer as a couple.” When Kirsty’s due date came and went they grew anxious. Anna says: “I kept telling her to hurry up because I was due soon.”

Anna and Kirsty wanted to be there for each other when the babies were born. But they became worried when the midwife told them they might go into labour at the same time. Anna recalls: “She said because we were two women living together our hormones were probably in sync.” At 16 days overdue, Kirsty went into hospital to be induced. Anna was by her side. Anna says: “She was squeezing my hand and I could feel my baby kicking. I was telling her to push but I felt scared because that was going to be me soon.” After 16 hours in labour, Kirsty gave birth to Scarlett-Marie. Anna says: “I held her and was laughing hard because she had little pursed lips just like Kirsty.”

Kirsty and Scarlett-Marie were kept in hospital for a couple of days before they could return to their home where Brian showed up at the front door with a huge bouquet of flowers in his hand. But later that day Anna started getting pains and the next day they were back at the hospital. Anna recalls: “This time around it was Kirsty holding my hand and telling me to breathe in and out.” After 48 hours in labour, Anna gave birth to her baby, Alfie. Anna says: “It was just absolutely amazing. Two babies born just five days apart.” Scarlett is now 11 weeks old and Alfie is just over 10 weeks.

Anna says: “We are loving every minute of being parents. We love watching them lying together and cooing to each other. It’s totally beautiful to see the bond between them. “And Brian visits the children almost every week. He is happy to be called Daddy, if that’s what we want. “When the children are older we will tell them that they were his amazing gift to us. We are just so grateful he helped us both become mums.” Brian’s name has been changed to preserve his anonymity.

Article: 23rd January 2012 www.mirror.co.uk

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A sperm donor from California admits he has never had sex, yet fathers 14 children. Trent Arsenault hit the headlines last December when his free sperm bank came under investigation from the U.S. Food and Drug Administration, which threatened him with a $100,000 fine and up to a year in jail.

Now, the Fremont, California local who bills himself as having an ideal gene pool to father children, has revealed that he is a 36-year-old virgin. The revelation on Anderson Cooper's daytime show, Anderson, means that the self-confessed tech-geek, an expert in Silicon Valley, finds himself in the highly unusual position of never having had sex, but fathering 14 healthy offspring.

Speaking on the chat show, Mr Arsenault said: 'I coined this term "donor sexual" and I'll explain it means 100 per cent of my sexual energy is for producing sperm for childless couples to have babies. So I don't have other activity outside of that.'

An incredulous Mr Cooper asked: 'So you do not have sex?' 'I will probably be the 40-year-old virgin,' the donor explained. 'Except I'll have 15 plus kids' - a statement that bought with it applause from the audience to the confusion of the host.

The show saw the virgin dad meet one of his progeny for the first time as Analise, who turns two this week, walked onto the stage. A visibly emotional Mr Arsenault said the meeting was a 'a thrill.' The toddler is mothered by a lesbian couple who seemed overjoyed following the donor's decision to help them conceive.

'I'm trying to not get too emotional,' he said. 'I’m just extremely happy that she's healthy and in a loving home. I hope she has the gene of compassion and that her parents nurture that.' Via a website, he touts his sperm as being organic but a health expert on the show warned that his unusual approach to fatherhood opens the door to spreading viral diseases such as HIV.

Her fears echo those of the FDA which claims Mr Arsenault did not take precautions to prevent disease spreading and found him to be unlawfully manufacturing human cells. The agency issued a 'cease-and-desist order' in what is the first ever case of its kind involving a private sperm donor in the U.S.

Mr Arsenault said in the past that he is simply helping out childless couples in situation where the only other alternative would be sex with a stranger. He told Huffington Post: ‘I'm helping people in need... I'm not running a business here.'

Article: 17th January 2012 www.dailymail.co.uk

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