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A Need to Know Basis? Canadian Federalism and the Disclosure of Egg and Sperm Donor Identities.
Health Law in Canada 2017 May
In Canada, gamete donation can be known or anonymous. When a child is conceived using anonymously donated gametes, that child does not have a right to know the identity of their donor. Currently, there is no registry storing gamete donor information accessible to donor-conceived persons and no legislation or judicial precedent protecting a donor-conceived person's right to know the identity of their biological parent(s). With third party reproduction now regularly shifting the traditional outlines of family, these practices are increasing- ly attracting judicial oversight. This paper examines the consequences of the Supreme Court of Canada's Reference re Assisted Human Reproduction Act, S.C. 2004, c. 2 (AHRA), which identified donor anonymity as a matter of provincial jurisdiction. The paper argues that the Supreme Court's decision defined the future of anonymous gamete donation in Canada by strongly protecting anonymity.
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