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

The Vancouver Canucks and Abbotsford’s Jake Virtanen have agreed to a two-year deal with an average annual salary of $2.55 million. (@Canucks Twitter photo)
Abbotsford’s Jake Virtanen, Vancouver Canucks agree to two-year deal

Two sides avoid arbitration, Virtanen will receive average annual salary of $2.55 million

Abbotsford courthouse
Man sentenced to 7 years for sexual abuse of 2 young girls in Abbotsford

Sisters assaulted while mom was asleep or away from the home

Photo courtesy of Mission RCMP.
MISSING: Mission RCMP request assistance in search for Joseph Pierce

Pierce last seen in Abbotsford on Oct. 6, may be headed to Alberta

Someone needs a manicure? The She Devil pursues Jvck Wilde in a cinematic music video about struggling with mental illness. (Submitted photo)
Chilliwack hip-hop artist Jvck Wilde produces She Devil music video

Dark, chilling and very cinematic, Wilde produces a gripping video on a tight budget

John Horgan meets with candidates Pam Alexis and Preet Rai and local citizens in Abbotsford on Wednesday afternoon. (Submitted)
NDP Leader John Horgan campaigns in Abbotsford with local candidates

Horgan meets with hopefuls Pam Alexis and Preet Rai on Wednesday afternoon

Provincial health officer Dr. Bonnie Henry presents modelling of COVID-19 spread in B.C., March 25, 2020. (B.C. government photo)
B.C. sets another COVID-19 record with 203 new cases

up to 1,766 active cases in B.C., two more deaths

More and more electric cars are on the road, but one Chevy Bolt owner was shocked to see how much his BC Hydro bill skyrocketed once he started charging the vehicle. (Black Press file photo)
Lower Mainland man sees significant spike in BC Hydro bill after buying electrical vehicle

An increase should be expected, but Brian Chwiendacz experienced a 200-plus per cent hike

The Anonymous YVR is an Instagram page that reviews restaurants and other establishments around B.C. based on how well they adhere to COVID-19 rules. (Instagram)
Anonymous Instagram page reviews COVID-19 safety measures at B.C. businesses

There are a number of public health orders various types of establishments must follow to slow virus’s spread

Jordan Naterer, an electrical engineer from Vancouver, was last seen Saturday Oct. 10. (Facebook photo)
Search efforts to resume for missing Manning Park hiker; Trudeau speaks on case

PM says he’ll do what he can to ‘nudge’ efforts to find Jordan Naterer, yet has little leverage locally

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Smartphone showing various applications to social media services and Google. (Pixabay photo)
National media calling for level playing field with Google, Facebook

In Canada, Google and Facebook control 80 per cent of all online advertising revenues

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

Swimco announced recently it is shutting all of its stores in Canada, including in Langley. (Swimco website)
Canadian-owned swimsuit chain bankrupt

Swimco had been in creditor protection for several months

Most Read