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

North Cowichan strengthens some COVID-19 safety protocols, and introduces new ones, as the pandemic enters ts second phase. (File photo)
North Cowichan and CVRD implementing new COVID rules

Municipality reacting to new public health orders

Search and rescue crews from all over Vancouver Island responded to calls to assist with the search for a 19 year-old man with medical issues who got lost on trails in the south end of Duncan on Nov. 21. The man was found Sunday morning and taken to hospital for assessment. (Submitted photo)
Duncan man rescued after getting lost on local trails

19-year-old taken to hospital for assessment

Duncan’s Knights of Columbus hand out cheques to a slew of deserving organizations in an online event Nov. 8, 2020. (Submitted)
Duncan Knights of Columbus hand cheques to lucky 13 in virtual event

Another historic first for the Knights was to have two area mayors join the presentation

Changes to the holidays due to COVID-19 will be a challenge for people with dementia. (Shalu Mehta/News Staff)
Webinars aim to help those with dementia approach holidays

“The holidays can present difficulties for people living with dementia for a multitude of reasons”

People wearing face masks to help curb the spread of COVID-19 cross a street in downtown Vancouver, on Sunday, November 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. reports 17 COVID deaths, 1,933 new cases as hospitalizations surge over the weekend

There are 277 people in hospital, of whom 59 are in ICU or critical care

Brenda Schroeder thought she was reading it wrong when she won $100,000 from a Season’s Greetings Scratch & Win. (Courtesy BCLC)
New home on the agenda after scratch ticket win in Saanich

Victoria woman set to share her $100,000 Season’s Greetings lottery win

Workers arrive at the Lynn Valley Care Centre seniors home, in North Vancouver, B.C., on Saturday, March 14, 2020. It was the site of Canada’s first COVID-19 outbreak in a long-term care facility. THE CANADIAN PRESS/Darryl Dyck
Rapid tests ‘not a panacea’ for care homes, Dr. Bonnie Henry says

B.C. lacks capacity for daily tests of thousands of workers

(Delta Police Department photo)
Cannabis edibles found in Halloween bag lead B.C. police to illegal lab

Delta police arrested a man and a woman while executing a warrant at a residential property Nov. 20

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

A woman being arrested at a Kelowna Value Village after refusing to wear a mask on Nov. 22.(@Jules50278750/Twitter)
VIDEO: Woman arrested for refusing to wear mask at Kelowna Value Village

RCMP claims the woman was uncooperative with officers, striking them a number of times and screaming

B.C. Liberal MLA Shirley Bond questions NDP government ministers in the B.C. legislature, Feb. 19, 2020. (Hansard TV)
Cabinet veteran Shirley Bond chosen interim leader of B.C. Liberals

28-member opposition prepares for December legislature session

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, November 9, 2020. THE CANADIAN PRESS/Darryl Dyck
COVID-19: What do rising positivity rates mean for B.C.? It’s not entirely clear

Coronavirus cases are on the rise but the province has not unveiled clear thresholds for further measures

Most Read