A lesbian couple from British Columbia have been ordered to
divide a donor sperm sample in the same way that they'd share their
other assets as part of their separation.
The Canadian couple, known only as JCM and ANA, were together for
several years before separating in 2006.
The pair each had a child from a donor sperm sample they bought
collectively. The sample, from a single male donor, consisted of
thirteen tubes - only part of which was used.
The remainder was retained in Vancouver's Genesis Fertility
However, according to the Vancouver Sun, trouble erupted in 2009
when one of the women - JCM - wanted another child with a new
partner using the same sperm, so it would be biologically related
to her other.
A.N.A. considered the request, but replied that she would rather
the sperm be destroyed.
As a result, JCM launched a legal case against her former
Yesterday, Supreme Court Justice Loryl Russell ruled that the
women needed to divide the remaining sperm equally.
"I find that the remaining 13 gametes should be divided between
the parties. Assuming it is not possible, or that it is
impractical, to divide one sperm straw in half, I award seven sperm
straws to the claimant, J.C.M., and six sperm straws to the
respondent, A.N.A.," Russell wrote.