In this Tuesday, May 15, 2018, photo, scientist Fabrice De Bond opens the lid of a cryotank containing donor sperm samples in a lab at Melbourne IVF in Melbourne, Australia. (AP Photo/Wong Maye-E)

B.C. family wins bid to add sperm donor’s name to children’s birth certificate

A close friend and sperm donor to a Vancouver couple was supposed to be one of three parents on documents

A B.C. couple and their close friend who acted as the sperm donor in the births of their two children found themselves in court this week after an admitted mistake that left their donor off both birth certificates.

According to court documents published Thursday, Xiaoming Liu – also named Echo – and her girlfriend Nana Liu used two semen donations from Marc Cabianca in order to have their two children, Luca and Luna.

The first donation was used by Echo in October 2017, but the three didn’t create their first semen donation agreement until February 2018.

As part of the signed documents, Cabianca would be recognized as the children’s biological father, while Echo and Nana would be listed as their mothers. The Lui’s would be the child’s legal guardians, the court heard.

But when Luca was born in Vancouver on June 7, 2018 the registrar with the Vital Statistics Agency said they were unable to register the three friends as parents because the written donor agreement was not signed prior to the conception – a requirement under B.C.’s Family Law Act. Instead, Nana and Echo were the only two listed.

In April that year, when Nana became pregnant from Cabianca’s sperm, the three entered a similar agreement as the last, including that all three be named on the birth certificate.

ALSO READ: Single mom from B.C. gives the gift of family to man from Spain

Luna was born on Jan. 20, 2019 and the Liu’s registered themselves as her parents online four days later, the court heard, even though the online process only allowed for two parents to be included.

“They were under the mistaken impression that by separately submitting the Birth Registration Summary and other supporting documents to the Vital Statistics Agency, they could subsequently request the Registrar to amend the birth registration of Luna to add Marc as a parent,” the court documents read.

Meanwhile, on the same day, Cabianca also registered himself as Luna’s father. A month later, he was told by the Vital Statistics Agency that he couldn’t be added to the certificate as a parent.

But in her decision, Justice Diane MacDonald ordered both birth certificates to be amended to include Luna and Luca’s biological father.

“The statute should be construed to be beneficial to the parents and the child,” she wrote, adding that it is in the best interest of the three adults – but “especially the children” – that Cabianca be included.

“In my view, it is not appropriate for the Registrar to decline to identify Marc as a parent on Luna’s birth registration based on a technicality,” she continued.

As for other couples who are interested in entering into similar agreements that involve more than two parents, MacDonald recommended they deal with the agency in person.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

LOOK BACK: The men who built the first Stamp Falls fish ladder

Delve into Alberni Valley history with the Alberni Valley Museum online

B.C. salmon farms challenge activists’ demands for site closures

News reporting also unfair, inaccurate and distorted

ALBERNI GOLF: Van Lent gets hole in one

Next Sunday, Oct. 4 will be the windup for Sunday morning golf for this crazy year of 2020

EDITORIAL: Election forces change, uncertainty for Mid Island-Pacific Rim riding

The Mid Island-Pacific Rim riding is heading into a snap election at a time when we least need it.

B.C. counts 125 new COVID-19 cases, up to 1,284 active

No new deaths or health care facility outbreaks

Health Canada green-lights rapid COVID-19 test

Health Canada approved the BCube test from Hyris Ltd. in the United Kingdom Sept. 23

First Nations Health Authority chief medical officer concerned with rising COVID-19 cases

“There’s still so much we don’t know and we’re learning everyday about this particular virus.”

FINLAYSON: COVID-related job losses concentrated in urban areas… especially Metro Vancouver

The biggest job losses, in absolute terms, have been in Metro Vancouver

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

6 puppies rescued in mass seizure on Princeton farm die from illness: BC SPCA

Of the 97 distressed horses, cats and dogs seized, most of the puppies suffered from parvo

Action demanded over death of First Nations youth in Abbotsford group home

Family and Indigenous organizations push for thorough investigation

U.S. boater fined $1,000 for violation of Quarantine Act

49-year-old man entered Canada to visit girlfriend in Surrey

Most Read