A British Columbia woman who wants to know the identity of her sperm donor father has been turned down by the British Columbia Court of Appeal. She challenged the provincial Adoption Act, arguing that her Charter right to equality under the law was breached because adopted children could access information about their biological parents but sperm donor children could not. However, the British Columbia Court of Appeal unanimously turned down her challenge, writing: “However desirable it may be that persons have access to information about their biological origins, Ms. Pratten has not established that such access has been recognized as so ‘fundamental’ that it is entitled to independent constitutionally protected status under the Charter.”
The Court noted that adoptees have their legal status changed when they are adopted, but no such legal change occurs with sperm donor children. Ms. Pratten intends to appeal to the Supreme Court of Canada.
Pratten v. British Columbia (Attorney General) 2012 BCCA 480