BC Court injunction for sperm doners

[Jetsfan]

B.C. court issues injunction in class-action over sperm, egg donor births

The Canadian Press


A B.C. judge hearing the case of a woman who wants to know the identity of her sperm donor father has issued an injunction against the destruction or transfer of any records concerning artificial insemination.
Olivia Pratten, 26, has launched a class-action lawsuit on behalf of children conceived via sperm, egg or embryo donation.
Pratten said Tuesday she feels that the rights of those born through artificial insemination have been neglected.

"My mom received donor sperm treatment," she said in a telephone interview from New York. "But I'm not treatment; I'm a person."
The B.C. Supreme Court order issued Tuesday applies to any records of the identity, medical history or social history of donors in such births, not just Pratten's.
The class-action lawsuit against B.C.'s attorney general and the province's College of Physicians and Surgeons claims the law discriminates against people who were conceived as a result of so-called gamete donation.
The lawsuit claims that unlike in the case of adopted children, records of the biological parents of those born through artificial insemination aren't kept.
The lawyers involved in the case believe it is the first lawsuit in Canada filed by a sperm donor offspring seeking the identity of a biological parent.
Pratten said she's known from an early age that she was born through sperm donation and that both her parents are supportive of the lawsuit. Her father was infertile.
She said that when she was about five, her parents wrote a letter to Dr. Gerald Korn, an infertility specialist who artificially inseminated her mother, and asked for information about the sperm donor.
Pratten said Korn refused to divulge anything, later saying only that the donor was a healthy Caucasian medical student with a stocky build, brown hair, blue eyes and type-A blood.
In 2001, Pratten met Korn and asked him for records on her biological father. She said he told her "don't worry, dear" and assured her the donor had been asked about his medical health.
Pratten learned in 2004 that Korn had retired and has no knowledge of what happened to the medical records.
"I went to his office, and it was gone," she said. "That's like having the Vital Statistics [office] disappear for somebody who's adopted.
"There's a huge gap here in recognizing that there's a person involved with this, and that's what this case involves."
Lawsuit a last recourse

Pratten said her parents formed a support group years ago for families of donor conception because they felt isolated after speaking out about the necessity of adult children having a donor's medical information.
"My mom said, 'It was all about us, but then when you came, it wasn't about us anymore,"' she said.
Pratten has spoken to politicians about changing the law, to no avail, she said, and the lawsuit is her last recourse.
"There's been this complete legislative void for me," she said. "Where are we supposed to go?"
The lack of regulation and accountability when it comes to medical information is unethical and unacceptable, Pratten said, because people like her want to know details about their biological fathers and any health problems they may have passed on.
When she contacted the College of Physicians and Surgeons of B.C., Pratten said she was told that doctors who artificially inseminate women have the right to shred or incinerate medical records after six years.
"If we find out they're destroyed, that's completely unacceptable," she said. "A medical doctor destroying medical files, under what [condition] is that OK?"

[4X4]

Where to begin... First of all, if I donated sperm (lol @ chicks that need a 'donation') the only reason I'd do so is to enhance the driving ability of the general population, and for some pocket cash. If I ended up hearing from my so called daughter years later I'd be choked.
I mean, it's not like I went and nailed some chick and got her pregnant. I "donated" sperm so that chicks that wanted to get pregnant but somehow could not find a dude interested in "making a deposit" could have a kid.
I'm not the father. I don't want to hear from the kid. I don't want the kid tracking me down and attempting a relationship or blackmailing me or requesting college tuition or even letting me know that I have other offspring.

Yikes. This chick is arguing something that happened before she was conceived, let alone born. Might as well argue that my grandfather stole your grandfather's land.

[Locke]

There should be an independent agency that handles these cases and presents all of these wayward children with the object of their desires...their biological fathers.

These fathers would be carefully handpicked from an outstanding demographic consisting solely of disease ridden transients huddled closely around a barrel fire.

You want to meet daddy? Here he is, say hello to Old Man Lightning Shorts....or was it Boxcar Bobby?

[Five-hole]

I'm with 4X4. The sperm donor is not the child's father. I think it should be 100% up to the biological father whether or not he would allow contact with an individual hatched with his sperm. And, I'm sure, when Mr. Olivia Pratten Sr. signed up to spunk in a bottle for $50, he had no intention of meeting a 26 year old woman with identity issues and a searching-for-father complex.

The limp dude who raised you is your father, sweetie.

[jolinar of malkshor]

Not to mention. If the identity of the fathers are revieled, would that open it up for the mothers to sue for child support?

[ken0042]

"My mom received donor sperm treatment," she said in a telephone interview from New York. "But I'm not treatment; I'm a person."

Yes, and the only reason you are a person is the sperm donor requested to remain anonymous. Had that not been in place, you would not even be here.

[Rathji]

I didn't know I could get 50 bucks a pull, I woulda been rich as a teenager if I had realized that.

Just think of all the video games I could have bought!

[Resolute 14]

If it was any other province but B.C., I'd have faith that the system would be smart enough to realize that these records should be kept private. As it is, something tells me this'll be going to the Supreme Court when B.C. makes the wrong decision.

[The Ditch]

She's probably hoping he is mega rich and she could sue him for child support payments or something, at least that is what I would be hoping.

[mykalberta]

Under no circumstance should any records be open. Its a clear invasion of privacy of the donor. He went in the with the full understanding of autonomy.

Also this "I am a person" BS is complete and utter BS. Just because someone wants something in this world doesnt mean they should get it.

[Resolute 14]

Indeed. If you want to change the rules for the future, that's one thing. But moving the goalposts on someone who made an agreement a quarter-century ago on the promise of anonymity is morally reprehensible.

[LChoy]

I'm going to argue devil's advocate here, but I can see 1 exception where the donor identity could be revealed, and that's for unique medical reasons. If the child from IVF develops a rare cancer or disease and is need of a specific transplant, than the father may be contacted on compassionate grounds, and asked if he could help.
Otherwise, I'm in favour of keeping donor's identity confidential

[BlackEleven]

If they want men to keep donating, they'll keep those records sealed. I doubt very many people would be willing to donate in the future, if they knew a child could show up knocking at their door 20 years down the road.

[ken0042]

Originally Posted by lchoy

I'm going to argue devil's advocate here, but I can see 1 exception where the donor identity could be revealed, and that's for unique medical reasons. If the child from IVF develops a rare cancer or disease and is need of a specific transplant, than the father may be contacted on compassionate grounds, and asked if he could help.
Otherwise, I'm in favour of keeping donor's identity confidential

And I'm sure that's why the records actually exist to this date; for extreme medical reasons. Not so that somebody can come find her long lost daddy.

[CaptainCrunch]

In the fathers mind, the mother is the centerfold from Swank magazine and there was no kid.

[Rathji]

The only reason that a child of a sperm donor should need to know anything about their donor 'father' is in the case of diseases passed along through genes that the donor did not know he had when he made his deposit. Even then, they just need to know if such a condition exists, and not anything about the person specificly.

[Boblobla]

Originally Posted by fotze

I'm curious, what type of magazines do they supply there? Is there a protective casing like at the barber or doctors office? Is it the G-rated Swimsuit issues, or the next nothc to Hefner or to the Swank levels or are there some Euro style crazy mags in there, Scatalicious.

I bet they have a range. I mean, a sears catalogue wouldn't do it for me now, but back then...

[CaptainCrunch]

Originally Posted by fotze

I'm curious, what type of magazines do they supply there? Is there a protective casing like at the barber or doctors office? Is it the G-rated Swimsuit issues, or the next nothc to Hefner or to the Swank levels or are there some Euro style crazy mags in there, Scatalicious.

Probably yard and tractor is its a Saskatchewan clinic, and guns and ammo for the ones in Texas.

[mykalberta]

I dont agree under any circumstance those record should be released.

Sperm clinics should are responsible for testing and doing a medical background. I dont care if the result of the sperm donation is dying from a rare African strain of JeepersCreepers, under no circumstance should the privacy of the donor be violated.

[First Lady]

Originally Posted by fotze

I thought the US has already decided the children have the right to get access to the information? If so I bet Canada will soon follow.

Not sure about the US, but I found this article from 2005 for the UK.


http://news.bbc.co.uk/nolpda/ukfs_ne...00/4397249.stm

When you do a news search with "sperm donor".... you get a whack of weird stories.

Incest Down Under:
http://www.thesun.co.uk/sol/homepage...cle1787085.ece

The Most Productive Masturbater:
http://www.nypost.com/seven/10222008...men_134703.htm

Sperm Bank Offers Donor Video and Pictures:
http://www.mediasyndicate.com/index....icle&sid=10738


Our boys share a sperm-donor father
http://women.timesonline.co.uk/tol/l...cle4882321.ece

And of course the reality TV call for donor babies...
http://www.realitywanted.com/call/35...m-donor-babies