Estate Planning

Heir Tracing May Get a Facelift

By Hull and Hull LLP

A Vancouver court is about to make a decision that will have a significant impact on the world of Estate litigation. The issues before the court, related to sperm-donation, have become so much a part of our culture that a movie dealing with some of the same issues is nominated for four academy awards.

A Toronto woman has launched a lawsuit challenging B.C.'s Adoption Act arguing that she has a right to full knowledge of her history.   Ms. Prattan was conceived with the assistance of a sperm-donor, who chose to remain anonymous. Ms. Prattan clearly takes the position that she is entitled to information relating to her biological father. The matter has been heard and Justice Elaine Adair is expected to render her decision soon.

A recent article in the National Post outlines a significant number of arguments, on both sides of this fight. The long term impact of whether a child will have access to information which was given without the intention that it would ever be shared is still likely too fresh to digest.

Sweden, Norway and the Netherlands have already banned anonymous sperm-donations. With this matter moving its way through the courts, Canada may not be far behind. However, an old adage states ‘with knowledge comes power', and it certainly holds true, in respect of how this legal issue plays out in the Estate litigation field. 

With sperm-donation being only approximately half a century old, and having dealt with significant legislative changes and requirements throughout its short history, the legal world continues to bounce along and keep up with society and our ever increasing demands. I know that I for one and curious how this matter will turn out, and whether children borne with the assistance of sperm-donation, who may now have access to previously confidential information allowing them to know their parentage, will legally be treated as heirs. 

Stay tuned….

Nadia M. Harasymowycz

Full post as published by Toronto Estate Law Blog on February 03, 2011 (boomark / email).