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)

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

A memorial to Hudson Brooks outside the South Surrey RCMP detachment. (File photo)
Officer who fatally shot Hudson Brooks recounts ‘absolutely terrifying’ incident

Const. Elizabeth Cucheran testified at coroner’s inquest Tuesday morning

Stephen Gregorig, co-owner of Smugglers’ Trail Caskworks, holds a soon-to-be-filled can of Orion 1-1. Smugglers’ Trail is launching the beer in an effort to raise funds and awareness for Honour House—a home that supports soldiers, veterans, first responders, and their families. (Photo: Malin Jordan)
‘It’s a tip of the cap,’ Smugglers’ Trail Caskworks launches new beer to help support B.C. charity

Sales of Orion 1-1, a poppy-seed IPA, will help raise funds for Honour House

Photo posted to facebook.com/HoratioAlgerCA.
Eight Surrey students among 170 Horatio Alger scholarship winners in Canada

‘Need-based scholarships’ given to high school students

The  8800-block of 140B Street in Surrey, a block northeast of Bear Creek Park. (Google Maps)
Surrey RCMP investigate late-night shooting

Police say officers were called for reports of gunshots heard in the 8800-block of 140B Street

A reminder to students at Surrey’s Strawberry Hill Elementary to physically distance during the COVID-19 pandemic. (File photo: Lauren Collins)
Six classes at four Surrey schools isolating after COVID-19 variants detected

District superintendent says schools given notices about variant exposures Monday night

(Black Press Media files)
B.C. teacher transferred then suspended after students report feeling ‘scared, nervous’

Authorities found that teacher did not create inviting, respectful environment for students

Victoria’s Swartz Bay terminal. (Black Press Media file photo)
BC Ferries offers cheaper, prepaid fare options

Ferry service preparing for busy terminals when travel restrictions are lifted

FILE - Dolly Parton arrives at the 61st annual Grammy Awards on Feb. 10, 2019, in Los Angeles. The Grammy-winning singer, actor and humanitarian posted a video on Tuesday, March 2, 2021, of her singing just before getting her COVID-19 vaccine shot. Parton donated $1 million to Vanderbilt University Medical Center in Nashville, Tennessee for coronavirus research. (Photo by Jordan Strauss/Invision/AP, File)
‘Vaccine, vaccine’: Dolly sings ‘Jolene’ rewrite before shot

The Grammy-winning legend turned 75 this year

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
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

Deputy Prime Minister and Minister of Finance Chrystia Freeland speaks about the Fiscal update during a news conference in Ottawa, Monday November 30, 2020. THE CANADIAN PRESS/Adrian Wyld
COVID-19: Wage and rent subsidies, lockdown support to be extended until June

Chrystia Freeland says now is not time to lower levels of support

The area on Cordova Bay Road where ancestral human remains were discovered Feb. 22. (Submitted photo)
Human remains discovery a reminder of B.C. Indigenous culture dug up and displaced

‘These are the people who inspired and birthed the generations that we now have here’

Older rental apartments are prime candidates for renovations, and could result in lost affordable housing stock. (Zoë Ducklow photo)
B.C.’s renoviction overhaul a good start, but won’t preserve affordable stock, lawyer says

And still no protection for people who can’t pay rent due to COVID-19

Most Read