Anonymous vs Known Donors - Ask The Fertility Lawyer - Forums

Jump to content


Anonymous vs Known Donors

  • Please log in to reply
2 replies to this topic

#1 Rick


    Test Again

  • Adminoocyte
  • 6299 posts
  • Gender:Male
  • Dx:N/A

Posted 14 December 2011 - 10:29 PM

Hi Sherry, I want to ask you a question.

I know you mentioned the law not seeing an embryo as a "child" but does the BC court case change the playing field at all? I believe it ruled that an adult would have the right to know what sperm donor conceived them, and the intent was to act similar to adoption rules. For those clinics that handle donation, are there different policies regarding anonymous versus known donors, especially in light of the recent court case?

#2 Laura1976

  • Super Moderator
  • 3356 posts
  • Gender:Female
  • Location:Winnipeg
  • Interests:I think right about now all I am interested in is getting PG and staying that way for 9 months!
  • Dx:Immunological
  • My Clinic:Heartland (IVF #1) VFC (IVF #2)

Posted 15 December 2011 - 01:25 AM

Thanks for asking this question Rick! I was going to ask it when I got around to it. I hope you don't mind if my piggybacking onto it.

From what I understood the court ruling also encompasses embryos. Could you please clarify? What are the implications and/or obligations, if any for the donors?
ME 35 SO 32 TTC #1 since September 2008

See 'About me Page' for more cycle history

November 29/11 - Unexplained IF/Recurrent loss testing

Compliment C3 & C4 below acceptable range
LA Ratio DRVVT above acceptable range
Lupus Inhibitor demonstrated
Antiphospholipid IgG above acceptable range
Antiphospholipid IgM above acceptable range (more than double)

Consultation @ VFC December 10/11

IVF/ICSI #2 (with Intralipid therapy) January/February (Victoria Fertility Clinic)
BCP December 16 -29/11 & January 6 - 28/12
Vitamin D (2000iu daily) and Iron Supplement (Ferrous Gluconate 300mg daily) - Start December 24 until Dr advises otherwise, PregVit 5 (Starting January 12/11), Vitamin E (800iu daily) until Heparin begins (Starting January 14/11) Fish Oil (1200iu daily)
Superfact (0.5mg) - Start January 22/12
Dexamethasone (0.5mg) - Start February 4/12 until beta

After ER - Doxycycline (100mg), Estrance (2mg), Prometrium (200mg 3x day), heparin 5000 units (2x day), calcium (1500mg daily), low dose aspirin (81mg daily)
Intralipids - February 13/12 and day of ET
Neupogen Uterine Flush - Day of ER

February 2/12 - E2 35p/mol
February 4/12 - 300iu Gonal-F & 75iu Repronex
February 9/12 - U/S & E2 - RIGHT- 11, 9, 10, 19, 8, 12, 11, 10, 13, 6 LEFT: 12, 7, 10, 10, 8, 6, 5, 5 E2 2635

February 9/12 Gonal-F lowered to 225iu Repronex remains at 75iu
February 11/12 - U/S & E2 - Right 14, 10, 11, 12, 10, 13, 12, 12, 14, 7 LEFT: 11, 8, 10, 13, 9, 8, 8 E2 5610
February 13/12 - U/S an E2??? & Intralipid Therapy
February 16/12 - E/R 20 eggs, 17 mature and ICSI'ed, 3 left to fertilize by regular IVF
February 17/12 - Fert Report 16 fertilized by ICSI, 1 fertilized by IVF
February 20/12 - Neupogen injection
February 21/12 - Transferred 2 Blastocysts ( 1 x Grade 19 Early Blast, 1 x Grade 19 Expanded Blast) and Intralipid Therapy and Acupuncture

“Here's all you have to know about men and women: women are crazy, men are stupid. And the main reason women are crazy is that men are stupid.” - George Carlin

#3 SherryLevitan

  • Advisor
  • 105 posts
  • Gender:Female
  • Location:Toronto
  • Dx:N/A

Posted 15 December 2011 - 10:02 AM

I think a bit of background about the Pratten case will help. The decision was released in May, 2011 and includes a 15 month stay which means that except for the injunction preventing the destruction of records, the decision will have no impact for another 8 months. In addition, the BC Government is appealing the decision. What this means is that no clinic would treat the decision as binding until both the 15 month period has passed and the Appeal has been decided. The court held that donor offspring are treated differently from adoptees under provincial law, and that amounts to discrimination under the Charter. Eventually, the case may help donor offspring gain access to medical records and information but I don't think that it will affect how we view embryos. The basic issue with respect to embryos is deciding which rules are applied to them. If they were children, we would adopt them. If they are property, we can donate them. To date, there have been no cases in Canada that consider the nature of an embryo and even the American cases skirt the issue.