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

Gunmen arrested after holdup of marijuana dispensary in Abbotsford

Two 18-year-old males demanded cash and weed before taking off on foot

The word landlord needs an eviction notice, one Abbotsford councillor says

Coun. Dave Loewen says term should be replaced by ‘rental housing provider’ in new housing strategy

White Rock woman seeks fellow hockey players for BC 55+ Games

Sue Rittinger aiming to put Zone 3 women’s team together in time for September event

Mission RCMP seek public’s help to locate missing woman

Jeannie McBride was last seen on Jan. 13, 2020 near the 1800 block of McCallum Road

VIDEO: Construction worker injured after boom lift falls over at new Abbotsford courthouse

Emergency crews rescue worker, rushed to hospital with significant but non-life threatening injuries

VIDEO: Rare ‘ice circle’ spotted on Kamloops river

An ice circle or ice pan, has formed in the chilly waters just east of the Yellowhead Bridge

B.C. man rescued after getting trapped headfirst in well as water level rose

The rescue involved crews from Oak Bay and Saanich

Investigators in wildfire-torn Australia head to site of B.C. airtanker crash

The B.C. government sends condolences to Port Alberni-owned Coulson Aviation

Mud slide prompts evacuation in Burnaby as rain saturates southern B.C.

About 20 metres of a five to six-metre high wall gave way

RCMP investigating sexual allegation against Lower Mainland police officer

Delta officer suspended while the alleged off-duty incident involving a co-worker is investigated

Former Mountie, sports coach convicted of sex abuse in B.C. granted day parole

Alan Davidson was sentenced to almost six years for abusing seven boys in the late 1970s and early 1990s

VIDEO: Person in wheelchair narrowly avoids collision with car in Kelowna

There were no injuries in the scary looking near-accident last week in Rutland

Here’s what Canada is doing to stop the coronavirus from getting in

Health officials are monitoring multiple possible cases in Canada

Fraser Valley poultry producer’s $130,000 fight with the CFIA earns him a red-tape award

Canadian Federation of Independent Business Paperweight Awards ‘honour’ government over-regulation

Most Read