Sperm Donation Decision to Change Estate Litigation?
In early February I blogged on a case that was before the British Columbia courts dealing with the rights of children of sperm donors to information from their biological parent. On May 19, the British Columbia Supreme Court released its ruling in the Pratten v. British Columbia (Attorney General), 2011 BCSC 656 CanLii, finding that the British Columbia Adoption Act was unconstitutional.
The court in Pratten was not asked to deal with any questions of inheritance or rights to an estate, but it seems likely that in its wake estate planners and estate litigators will have to put on their thinking caps and get creative. The impact of this decision could take years to unfold and in the interim, there are likely to be a lot of individuals who may be reconsidering their estate plans. Some of the changes and concerns that may impact our field, and individuals, are raised in the most recent issue of Lawyers Weekly, in an article by Jeremy Hainsworth.
This decision has the potential to alter a variety of legal fields, and will certainly impact the British Columbia legislature. Whether that impact will be felt across the country is something only time will tell.
Until Tomorrow,
Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz.
