Topic > Assisted Procreation - 1709

At first glance, assisted procreation practices do not necessarily violate the child's right to identity. The violation lies in the fact that the State does not take a sufficiently serious position in regulating the problems that arise from assisted reproductive technologies. The State willfully shirks its responsibilities in regulating this sector, allowing cases of confusion between donors, the implantation of too many embryos and the disorganization of donor records. Instead of imposing criminal sanctions or punishments, the state too often turns a blind eye. Individuals born through assisted reproduction have been found to face legal challenges when obtaining information relating to their origins. The information needed to establish the identity of donors is very limited or non-existent. Pratten v. British Columbia (Attorney General), is a pending landmark decision, in which a person conceived through assisted reproduction legally seeks to obtain the identity of his or her sperm donor. The BC Supreme Court's decision may nullify a donor's right to remain anonymous. If the Supreme Court were to rule against donors' right to anonymity, this would be the first ruling of its kind in North America, allowing a donor's identity to be accessible to his or her offspring. Olivia Patten not only represents herself in the case, but also all other donor-conceived individuals. She takes issue with the provincial government's failure to "ensure that records are created and maintained so that children of such donations can learn about their entire heritage, including genetic, cultural, medical and social history." If the court rules in favor of the Attorney General of British Columbia, the Court will also rule against a paper... international law, which must be incorporated into national law and further recognized by the courts. The goals of assisted reproduction must remain intact, and therefore it must be understood that science will only continue to advance this area and, therefore, the government must take serious action before assisted reproduction completely removes the child from the picture. Since children cannot protect themselves, the government must take responsibility for ensuring that the child is given adequate protection all long term effects must be taken into consideration. The best interests of the child must be the focus of attention. Legislation remains the only voice and form of representation given to the unborn child, therefore this voice must be non-contradictory and supportive of children's rights at provincial, federal and international levels.