The Supreme Court of British Columbia decided that the BC Adoption Act is unconstitutional
"because it treats adopted children differently from children of sperm donors. Adopted children are provided information about their biological parents, whereas the children of donors are not."
(full text) is still subject to appeal, but Canada would not be the first country to prohibit anonymous gamete donation, usually by mandating a child's right to seek information about their biological parent once they turn 18.
The appeal is expected
to focus on the privacy rights of donors.
Alana S., the donor-conceived woman featured in Newsweek's coverage
of the issue, started the website AnonymousUs
to collect the stories of donors, donees, children of donors, and adoptees.
Especially when it comes to assisted fertility technologies, the idea that children suffer because of not knowing their biological origins, or that knowledge of those origins is or ought to be a human right, often comes out of conservative leaning groups and individuals. For example: as the Commission on the Future of Parenthood, whose study
, funded by the Center for Children and Families at the Institute for American Values, found that "children conceived by sperm donation are more likely to suffer from isolation and depression, and are roughly twice as likely as biological children to struggle with substance abuse; and Margaret Somerville, a Australian-Canadian legal scholar and ethicist who has used that right to argue against
the legalization of gay marriage.
In contrast, openness in adoption (among other reforms) is often supported from a feminist framework
, with regards to both the rights of a biological mother and the best interests of the child.