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Battle over birthright: Case raises questions about role of sperm donors in children’s lives
National Post ^ | January 8, 2010 | Kenyon Wallace

Posted on 01/10/2010 10:38:37 AM PST by NYer

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.

Observers say conflicting provincial legislation and a dearth of case law makes those questions difficult to answer.

"Most provinces have not amended their family law to clarify the rights and responsibilities of donors, so you can get into these murky situations," said Diane Allen, executive director of the Infertility Network. "It's a very grey area."

Ms. Allen says her organization often hears from donor offspring at conferences who say they should have a right to know who their parents are

(Excerpt) Read more at nationalpost.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Philosophy
KEYWORDS: birthright; canada; homosexualagenda; lesbian; moralabsolutes; reproduction

1 posted on 01/10/2010 10:38:38 AM PST by NYer
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To: wagglebee
"For the lesbian couple, I can certainly understand why they feel threatened and that their parenting is being interfered with," she said. "But what are they going to tell that child down the road? Are they going to say they didn't want the child's father in his life? What about what the child's needs and wants?" Read more: http://www.nationalpost.com/news/story.html?id=2422252#ixzz0cEhncATR The National Post is now on Facebook. Join our fan community today.

It's all about greed.

2 posted on 01/10/2010 10:39:57 AM PST by NYer ("Where Peter is, there is the Church." - St. Ambrose of Milan)
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To: NYer

“Balls” said the Queen, “if I had them I’d be King”


3 posted on 01/10/2010 10:41:03 AM PST by DogBarkTree
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To: NYer

The conception commodity market will be the new trend.

If only the abortion business could be put out of business and return our humanity to humane endeavors.


4 posted on 01/10/2010 10:42:28 AM PST by sodpoodle (Stop wasting our wealth and start telling the truth.)
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To: NYer

Wait till he gets hit up for child support payments. Then the fun will really start.


5 posted on 01/10/2010 10:44:11 AM PST by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: NYer
End the problem with NOT ALLOWING HOMOSEXUALS to have babies or children under ANY CIRCUMSTANCES. Their life style CHOICE is a detriment to normal kids and set a perverted example. Homosexuals are UNFIT parents. THey have EMOTIONAL issues. It's long overdue that we are honest about this and put our babies and children first!
6 posted on 01/10/2010 10:45:30 AM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: NYer

>>It’s all about greed.<<

Yep. This poor child will spend her entire life as a ping-pong ball, both between the “mothers” and in the courts.

This was an selfish decision that extends selfishness into evil.


7 posted on 01/10/2010 10:45:59 AM PST by freedumb2003 (Communism comes to America: 1/20/2009. Keep your powder dry, folks. Sic semper tyrannis)
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To: NYer; 185JHP; 230FMJ; 69ConvertibleFirebird; AFA-Michigan; Abathar; Agitate; Albion Wilde; ...
Homosexual Agenda and Moral Absolutes Ping!

Freepmail wagglebee or DirtyHarryY2K to subscribe or unsubscribe from the homosexual agenda or moral absolutes ping list.

FreeRepublic homosexual agenda keyword search
[ Add keyword homosexual agenda to flag FR articles to this ping list ]

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8 posted on 01/10/2010 10:47:21 AM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: NYer
No, it's not about “greed”.

It's all about being SELFISH.

Since homosexuals are unable to have babies naturally then reach out to others to have them. They do this because their LIFESTYLE CHOICE is not natural when it comes to children. It is the homosexual trying to bend the rules to carry out their SELF CENTERED, SELFISH need to imitate a heterosexual family. Of course it is utterly perverted and confuses the hell out of kids.

Homosexuals don't care about these babies or kids. It's ALL ABOUT THEM - SELFISH and IRRATIONAL. They want to force others to ACCEPT their perverted family views. They refuse to accept that they are NOT NORMAL. Nope! They want to impose their emotional issues on babies and kids.

9 posted on 01/10/2010 11:04:57 AM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: NYer
won't allow acknowledgment or visitation, but can sue for child support if desired...
10 posted on 01/10/2010 11:15:54 AM PST by Chode (American Hedonist *DTOM* -ww- NO Pity for the LAZY)
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To: NYer

Children have a natural right to be raised by their biological mother and father. Throughout history, that idea has been upheld to produce the most emotionally stable and self-assured adults.

The idea of orphanages or any cases where children are denied their birthright, had ALWAYS been considered a tragedy or a great evil. Cicero put it best...when you have laws that go against Natural Law or God’s Laws they are unjust. Any laws in a country that do not uphold the natural family are unjust and in my view, evil.

These laws that promote perverse and nihilistic unions are nothing but an attempt to destroy Judeo-Christian thinking and eradicate all logical, classical thinking from societies. That way they will be forever in need of big government programs to deal with their neurosis and deal with the impact of negative, destructive relationships.

Biology provides trust, connections, and loyalty in a way that nothing else (esp. governments) can. They are trying to destroy the natural family which can only create dysfunction.


11 posted on 01/10/2010 11:21:28 AM PST by savagesusie
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To: savagesusie

Well, since my biological father was married to someone who was not my biological mother, I think that the decison to put me up for adoption was better than being raised by my biological mom. Let’s be honest, when a guy gives his pregnant mistress money for an abortion, he’s not going to be a part of the chld’s life in any meaningful way.
Biological parents are not always the end all, be all best parents ever.


12 posted on 01/10/2010 12:16:33 PM PST by chae (I am karmic retribution)
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To: NYer
"The one voice that's always missing from the conversation is the voice of the children who are being born. It's not just about getting pregnant. It's about realizing the rights of the children being born."
13 posted on 01/10/2010 12:31:27 PM PST by Tax-chick (Spend it while you can, money's contraband. You can't take it with you when you go.)
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To: chae

I am glad you were given up for adoption and I hope you had wonderful adoptive parents. I agree that donating the sperm or the egg do not a parent make.


14 posted on 01/10/2010 2:20:23 PM PST by mom aka the evil dictator
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To: NYer

A child - the substance of a “contract.” How much sicker can this society become?


15 posted on 01/10/2010 4:54:52 PM PST by fwdude (It is not the liberals who will destroy this country, but the "moderates.")
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To: NYer
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.

An "Inconvenient Truth" for the women; he IS the child's birth father.

16 posted on 01/10/2010 5:21:09 PM PST by SuziQ
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To: wagglebee
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.

What a mess, and clearly no matter what the decision will be, there will be  long lasting repercussion for that child. They worry about protecting the identity of the child, but how about the child's mental health?  How about growing up in such a chaotic, unstable, and dysfunctional family where the child doesn't know who is who?  It's awful and traumatic, something no child should endure.

17 posted on 01/10/2010 9:00:34 PM PST by Victoria Delsoul
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To: chae
Biological parents are not always the end all, be all best parents ever.

But sometimes they have parents of their own who would like to be loving grandparents; or they may have other children who want to reach out to a lost sibling and have family relations as a buffer into old age. Other relatives -- aunts, uncles, cousins -- are a source of understanding about why the selfish father turned out that way, as well as of some of the family's positive traits and medical information. There is little that equates with the solid nature of reality. This is something gay fictional "parents" do not understand.

18 posted on 01/13/2010 11:05:46 AM PST by Albion Wilde (Liberals love the poor so much they came up w/ a plan to create millions more of them. - Ann Coulter)
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