British Columbia (Canada) judge says anonymity for sperm, egg donors is unconstitutional

Olivia Pratten poses for a photo outside the B.C. Supreme Court in Vancouver, Wednesday, Oct. 27, 2010. Pratten, a woman born as a result of donor insemination, has won her lawsuit seeking to end the anonymity of sperm and egg donors in British Columbia. THE CANADIAN PRESS/Jonathan Hayward

Original Story: By Dene Moore, The Canadian Press

VANCOUVER — A woman born as a result of donor insemination has won her legal battle seeking to end anonymity for sperm and egg donors in British Columbia.

Olivia Pratten was born in 1982 as a result of donor insemination.

After fruitless efforts to obtain records about the sperm donor, Pratten launched the lawsuit against the provincial government, arguing that the province's adoption laws discriminated against donor offspring like herself because they don't allow them the same ability to learn their genetic roots as adopted children.
In a ruling released Thursday, B.C. Supreme Court Judge Elaine Adair agreed.

Anonymous donation, she wrote, "is harmful to the child, and it is not in the best interests of donor offspring," Adair wrote in her ruling, which found sections of the B.C. Adoption Act and Adoption Regulations unconstitutional.

The law was revised in 1996 to allow adopted children the right to information about their biological parents, but it does not include children born of reproductive donations.

Adoptive children and donor offspring are similar in their need to know and have a connection to their biological roots, the judge said.

The ruling gives the B.C. government 15 months to amend the law to address donor offspring and grants a permanent injunction against the destruction of donor records in the province.
"I'm thrilled," Pratten said from Toronto. "It's finally validation of what people like myself have been saying for years."

The decision won't help Pratten to find out the identity of the donor whose sperm allowed her parents to conceive.

But the 29-year-old journalist, who works for The Canadian Press, said that's not why she pursued the long legal battle.

"I've always known that my records were probably destroyed. It was more about changing the policies going forward," she said.

"It was never just about me. It was about helping other people and using my situation, that was a negative, and turning it into a positive so no one else would have to experience having their records destroyed.
"I felt a responsibility to be public with this."
Pratten had the support of her mom and dad, who accompanied her to court every day for the hearings last fall.

"I'm not related to my dad but he's my dad," she said. "This is a victory for them as well because finally what they were saying 20 years ago has been heard and recognized as being accurate."
Pratten's lawyer, Joseph Arvay, said the end result of the decision is that anonymous egg and sperm donation will no longer be permitted in B.C.

"This case represents a monumental victory for our client, Olivia Pratten, and all the donor offspring she represents who have for too long been disadvantaged by their exclusion from the legislative landscape which has promoted and perpetuated prejudice and stereotyping and caused them grave harm," he said in a statement.

The ruling has no weight outside the province, but Pratten said she has been contacted by other donor offspring who have declared their intention to pursue similar legal action to force change elsewhere.
The Attorney General of B.C., the defendant in the case, had no immediate comment on the ruling.
"The court just delivered the decision today on this very complex matter. We will need time to carefully study the decision, decide what its implications are and what the next steps should be, including whether we will appeal," said a statement from the ministry.

Lawyers for the government argued that practices have changed significantly since Pratten was born. Today, a woman seeking donor insemination in B.C. can get detailed social and medical information on the donor even if the donation is anonymous.

There is simply no constitutional right, the government argued, for a person to know their origins or genetic heritage while there is a constitutionally protected right to privacy.

The judge noted that anonymous donation remains the choice of many would-be parents who want control over what their child knows, when they know and who might be involved in their child's life.
"But, based on the evidence in this case, I have concluded that anonymity is not in the child’s best interests," Adair wrote.

"Strong and positive relationships with social parents do not satisfy or eliminate the desire and need of donor offspring to know where they came from, and their need to know their origins is just as powerful and real as those of adoptees."

NIAW Day 1 (National Infertility Awareness Week) - Infertilty 101: Get the facts

Today is the first day of National Infertility Awareness Week (NIAW). In order to "Make a Difference for you and others" it's important that you educate yourself. Do you need to see a fertility specialist? Do you know someone who is trying to conceive and not understand what they are going through? RESOLVE, The National Infertility Association, provides these common myths and facts as a starting point to understanding infertility. 

National Infertility Awareness Week (April 14, - May 1, 2010) is a movement to raise awareness about the disease of infertility which affects 7.3 million Americans.

Infertility 101: Get the Facts (as provided by RESOLVE)

Myth: Infertility is a women's problem.

Fact: This is untrue. It surprises most people to learn that infertility is a female problem in 35% of the cases, a male problem in 35% of the cases, a combined problem of the couple in 20% of cases, and unexplained in 10% of cases. It is essential that both the man and the woman be evaluated during an infertility work-up.

Myth: Everyone seems to get pregnant at the drop of a hat.

Fact: More than 7.3 million people of childbearing age in the United States experience infertility. When you seek support, you will find that you are not alone. Join RESOLVE, a support group, or talk with others who are struggling to build a family, so that you won't feel isolated.

Myth: It's all in your head! Why don't you relax or take a vacation. Then you'll get pregnant!

Fact: Infertility is a disease or condition of the reproductive system. While relaxing may help you with your overall quality of life, the stress and deep emotions you feel are the result of infertility, not the cause of it. Improved medical techniques have made it easier to diagnose infertility problems.

Myth: Don't worry so much -- it just takes time. You'll get pregnant if you're just patient.

Fact: Infertility is a medical problem that may be treated. At least 50% of those who complete an infertility evaluation will respond to treatment with a successful pregnancy. Some infertility problems respond with higher or lower success rates. Those who do not seek help have a "spontaneous cure rate" of about 5% after a year of infertility.

Myth: If you adopt a baby you'll get pregnant!

Fact: This is one of the most painful myths for couples to hear. First it suggests that adoption is only a means to an end, not an happy and successful end in itself. Second, it is simply not true. Studies reveal that the rate for achieving pregnancy after adopting is the same as for those who do not adopt.

Myth: Why don't you just forget it and adopt? After all, there are so many babies out there who need homes!

Fact: For many, adoption is a happy resolution to infertility. But choosing how to build your family is a very personal decision. Learning about all the ways to build a family can open your eyes to options you may not have thought of as a possibility. Education is key to finding resolution.

Myth: Maybe you two are doing something wrong!

Fact: Infertility is a medical condition, not a sexual disorder.

Myth: My partner might leave me because of our infertility.

Fact: The majority of couples do survive the infertility crisis, learning in the process new ways of relating to each other, which deepens their relationship in years to follow.

Myth: Perhaps this is God's way of telling you that you two aren't meant to be parents!

Fact: It is particularly difficult to hear this when you are struggling with infertility. You know what loving parents you would be, and it is painful to have to explain to others that you have a medical problem.

Myth: Infertility is nature's way of controlling population.

Fact: Zero population growth is a goal pursued in a time of world overpopulation, but it still allows for couples to replace themselves with two children. Individuals or couples can certainly elect the option to be childfree or to raise a single child. Infertility, for those who desire children, denies them the opportunity to choose.

Myth: I shouldn't take a month off from infertility treatment for any reason... I just know that this next month will be THE one!

Fact: It is important periodically to reassess your treatment and your parenting goal. Continuity in treatment is important, but sometimes a break can provide needed rest and renewal for the next steps.

Myth: I'll be labeled a 'trouble maker' if I ask too many questions.

Fact: The physician/patient team is important. You need to be informed about what treatments are available. What is right for one couple may not be right for another, either physically, financially, or emotionally. Don't be afraid to ask questions of your doctor.

A second opinion can be helpful. If needed, discuss this option with your physician.

Myth: I know I'll never be able to stop treatment until I have a pregnancy.

Fact: Pregnancy is not the only pathway to parenthood. You may begin to think more about parenthood than about pregnancy. You may long for your life to get back to normal. You may consider childfree living or begin to think of other ways to build a family.

Myth: I've lost interest in my job, hobbies, and my friends because of infertility. No one understands! My life will never be the same!

Fact: Infertility is a life crisis -- it has a rippling effect on all areas of your life. It is normal to feel a sense of failure that can affect your self-esteem and self-image. You will move through this crisis. It is a process, and it may mean letting go of initial dreams. Throughout this process, stay informed about the wide range of options and connect with others facing similar experiences.

More RESOLVE Resources
NIAW (National Infertility Awareness Week) Homepage

Through the eyes of an Egg Donor - My Story

Egg Donation is your one chance to truly answer a prayer

By Camille, a former Egg Donor through Heartfelt Egg Donation, llc

Ever since I can remember, I have known that I was adopted. I grew up in a small northern California town where families ate dinner together at the dining room table, kids talked to their parents about their day, and everyone was friends with their neighbors. It was a very close knit community; not for a second, did I ever feel I didn't belong.

My parents were the greatest blessing I ever received. My dad is a cattle rancher, a gold ole' boy, with old school morals and ideas that make him the strong father that I know. My mom is the woman that puts everyone before herself. She is the kind-hearted soul that everyone needs in their life. Our family is concrete, with a strong bond that will never fade and a love that shows every day. My brother and I were fortunate enough to be able to throw our parents a surprise 40th anniversary party. After watching the slide-show of our family that I made as a gift, they came over and hugged us with tears in their eyes. My mom said, "We are thankful everyday that we were able to adopt you two, how did we get so lucky? I love you".

We have always been an open family when it comes to talking about things. When I turned 18, I decided that I would like to find out who my birth-mother was. I went to my mom and told her about my interest. She made some calls and came back with some information on how to find birth-parents from a closed adoption. I took her advice and began my search. After making many calls, digging through papers and some waiting, I had a name! I realized that this name would have probably changed due to marriage but I had to give it a shot.

I went home for Christmas vacation, grabbed some friends and hit the road. I knew that I was born only 45 minutes from where I grew up. I was just hoping that she had given birth near where she was from, but knew that might not have been the case considering that many young women were sent to stay with relatives when they became pregnant. I decided to visit the court house and look for her birth certificate. I found it and recorded all the information off of it. I now had addresses, parents' names, etc. I then decided to go to some high schools. I visited about 6 schools and found nothing. I was loosing hope and some interest. About a week later I was visiting a friend in the city that I was born in. I always thought that there was no way she would have given birth in the same city that she was raised in and the agency would have never placed a child so close to their biological parents. I went to the first school and found nothing. I was pretty much done. My friend said, "There is only one more school, then we can be done". I agreed. We walked into the library with the excited librarian, eager to look through yearbooks. I grabbed the first yearbook that I saw. I opened the cover and hand written on the inside was, "Have a great summer" signed by my birth-mother! I couldn't believe it. I had found her!

Within the next week I had spoken with her and began a relationship. We continued to talk on the phone, exchanaged a few letters and emails. A few years later she passed away, before I was able to meet her. I had never experienced that kind of regret. It was a very strange feeling and it consumed me. I had lost my chance and would never get it back. Within the next few years I began a relationship with her daughter, my half sister. The strange thing about this is that I did not ever see my birth-mother as my mother but I did see my half-sister as my sister. Maybe because I had never had a sister. We have grown into great friends and have seen each other on a number of occassions. It feels like a blessing to have her in my life.

I decided to become an egg donor when I was 26 years old. I had just graduated college, got married, and started my first "real" job. My husband and I  were happy living in a small apartment in mid-town Sacramento. I had heard about egg donation and was interested to find that each family situation was different with special circumstances and demands. These families come from all different parts of the world and all different cultures. Some couples are all-male, some are all-female and others are traditional married couples; but all have a common dream: to have a child to love, cherish and raise.

Egg Donation was a perfect choice for me. I felt that this was my chance to make someone's dream come true. I cannot imagine my parents growing old without having children. I must admit that the compensation was also a deciding factor for my husband and me. This would help us start saving for our first house that we could start our family in. Once I felt I had found the right agency, I found the courage to apply and wait to see what happened from there. The application process with Heartfelt Egg Donation, llc was fairly painless: questions about my health, ancestry, hobbies and goals. I also participated in a medical evaluation and a psychological evaluation to ensure that I was mentally sane and healthy and had the intended parents' best interest at heart.

Not too long after, I received the first call from Suzanne Myers that would change the rest of my life, as well as those of others. She informed me that she had matched me with a family and wanted to know if I would consider working with them. I must say, at first I was surprised and a bit nervous that a couple foresaw their future family coming from my genetic material. I agreed to become their egg donor and was actually excited to start the process of doctor appointments and medication. Everything went smoothly throughout the entire process.

Soon after my first donation, I was blessed to become pregnant with my first child. My husband and I were ecstatic about the news. I gave birth to a precious baby girl! I now realized how very lucky I was to become pregnant and give birth to a healthy child with no complications along the way. I was so happy that I was able to make another family feel the joy that I had experienced.

I have been an egg donor twice and couldn't be happier to have been involved in this process. To help give life to a family is an incredible feeling that's tough to describe until you experience  it yourself. More than the financial reward, it made me feel righteously proud - a feeling that intensified when I heard that my first family gave birth to a beautiful baby. I look at my parents and am so thankful that everything worked out the way it did. I just know that some day that baby, with my genetic material, is going to look at their parents and feel the same way I do with my parents.

Now when I peak about my experiences as an egg donor, I am proud to share my story. Yes, the money was an important benefit, but I found myself very involved in the process and actually excited each time I had the opportunity to help. I am so happy that I have helped families who needed my assistance in creating their family. And so when people ask me why I am an egg donor, I respond back, "Why aren't you"?