The British Columbia government was in court Tuesday seeking to overturn a ruling that paves the way for people born through anonymous sperm donors to find out information about their parents.
Two such people born in B.C. — Olivia Pratten and Shelley Deacon — filed affidavits arguing that their rights were violated because they couldn't get access to the information.
In May last year, B.C. Supreme Court Justice Elaine Adair struck down as unconstitutional provisions of the Adoption Act.
The judge noted that the law allows adopted children to access information about their birth parents but not those conceived through sperm donors.
Adair suspended her ruling for six months to give the government a chance to amend the Adoption Act.
But instead of passing a new law, the government appealed the ruling.
Two government lawyers appeared in the B.C. Court of Appeal on Tuesday claiming that the trial judge made a number of errors.
Government lawyer Leah Greathead said that the errors centred on the application of the equality provisions of the Charter of Rights and Freedoms to the Adoption Act.
She said when Pratten and Deacon were conceived, all such procedures were done on an anonymous basis for everyone.
And she argued that things have improved remarkably since then, with sperm banks leaving open the possibility that a child can later find out about their birth father.
Joe Arvay, Pratten's lawyer, is expected to give his submissions Wednesday.
Both Pratten and Deacon were in court and neither woman was impressed with the government's submissions.
Outside court, Pratten said the government had made a "very weak" argument. She believes things are no better without a law.
"Just because people are voluntarily doing some things in certain cases, doesn't mean anyone is obligated to. The thing is, there is a complete void in the law. That's why this (case) has come forward."
Shelley Deacon, a Vancouver school teacher and mother of two, said there were many people born by sperm donation and in their case, the doctor instructed their parents not to reveal that fact.
"So there are many children out there who don't even know they were born this way."
Source: The Vancouver Sun