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  • Essay / Assisted procreation - 1709

    At first glance, assisted procreation practices do not necessarily violate the child's right to identity. The violation lies in the fact that the state does not take a sufficiently serious position in regulating issues related to assisted reproductive technologies. The State voluntarily absolves itself of its responsibilities in regulating this area by authorizing cases of donor confusion, the implantation of too large a number of embryos and the disorganization of donor files. Instead of imposing criminal sanctions, the state too often turns a blind eye. Individuals of assisted reproduction have been found to face legal challenges when obtaining information relating to their origins. The information needed to establish the identity of their donors is either very limited or non-existent. Pratten v. British Columbia (Attorney General) is a pending landmark decision in which a person conceived through assisted reproduction legally seeks to obtain the identity of their sperm donor. The British Columbia Supreme Court's decision could overturn a donor's right to remain anonymous. If the Supreme Court rules against donors' right to anonymity, it would be the first decision of its kind in North America, allowing a donor's identity to be accessible to their offspring. Olivia Patten is not only representing herself in this case, but also everyone else conceived from a donor. She challenges the provincial government's failure to "ensure that records are created and maintained so that children resulting from such donations can know their full heredity, including their genetic, cultural, medical and social history." If the court rules in favor of the Attorney General of British Columbia, the court will also rule against a... middle of paper ...... national law, must be included in national legislation and recognized by the courts . The objectives of assisted procreation must remain intact and. it must therefore be understood that science will only continue to progress in this area and therefore the government must take serious steps before assisted reproduction completely removes the child from the picture. Since children cannot protect themselves, the government must take responsibility. hands, to ensure that adequate protection is given to the child and that any long-term effects are considered. The best interests of the child must be the priority. Legislation remains the only voice and form of representation given to the unborn child, so this voice must be non-contradictory and support children's rights at the provincial, federal and international levels...