When a lesbian couple from Terrace, B.C., decided they wanted a child of their own, they were overjoyed that a good friend agreed to donate his sperm.

They were going to have a family.

Before the child was born in October 2006, the donor signed an agreement stating that the female couple would be the parents and that he would consent to an adoption of the child. But since the child's birth, things haven't gone according to plan. The donor began making frequent visits to the female couple's home and referring to the child as "his son" in the community. He also allowed his family to send him congratulations and gifts on the birth of the child.

These are the allegations set out in a statement of claim filed in the Supreme Court of British Columbia. The lesbian couple is now suing the donor for willful infliction of mental suffering and breach of contract, and is asking the court for a restraining order against their former friend. The couple and the sperm donor cannot be named to protect the identity of the child. The parties in the lawsuit declined to be interviewed.

The case has raised questions about the rights of sperm donors across the country and whether adults should have the power to contract away the rights of children before they are born. ...

Another element adding to the confusion is the six-year-old Assisted Human Reproduction Act, which makes paying for sperm illegal. As a result, couples are increasingly turning to friends and acquaintances to act as donors, creating a legal and ethical quagmire, says Saskatoon fertility specialist Dr. Roger Pierson, spokesman for the Canadian Fertility and Andrology Society.

Labels: Canada, donor conception

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