The proposed settlement is not yet approved. The Court will be asked to approve the proposed settlement at the Settlement Approval Hearing.
Proposed Settlement
In 2021, a class action lawsuit was filed in British Columbia on behalf of people who were the subject of Birth Alerts. The parties involved have now reached a proposed settlement. The Supreme Court of British Columbia will decide whether to approve the proposed settlement at a Settlement Approval Hearing on December 4, 2026.
The Birth Alerts BC Class Action
In 2019, the Government of British Columbia (the Province) announced it was ending the use of Birth Alerts.
In 2021, a class action was filed against the Province. The plaintiff is Adriana Zeleniski, who is bringing the Claim on behalf of people who were the subject of Birth Alerts (called “class members”).
This class action says that Birth Alerts disclosed sensitive personal information and so were a privacy violation and an infringement of the rights to liberty and security. It also says that for Indigenous parents, Birth Alerts violated the right to equality.
In 2026, the Province and Ms. Zeleniski agreed to settle the case.
What is a Birth Alert under the proposed settlement?
A Birth Alert refers specifically to a communication sent by a child welfare worker from Ministry of Children and Family Development (MCFD) or delegated Indigenous agencies to a hospital before a baby was born. This communication stated or implied that a specific person was pregnant and that the child might need protection. After a Birth Alert was sent, child welfare workers commonly came to the hospital before the parent and/or baby was discharged from the hospital. Many people did not know this message had been sent. Some only learned about it years later. Others may still not know it happened to them.
Some people had contact with child welfare authorities from MCFD during pregnancy or at the time of birth. However, not every interaction with child welfare authorities was a Birth Alert.
Hospitals and child welfare workers from MCFD may have also communicated with each other for other reasons. For example, hospital staff may have contacted MCFD directly. A communication from a hospital to MCFD would not be considered a Birth Alert.
For the purposes of this proposed settlement a Birth Alert is defined by the communication sent from a child welfare worker from MCFD to a hospital before the birth.
Who is included in the proposed settlement?
A person may be part of the class if a Birth Alert was issued about them in British Columbia during the class period. The class period begins May 31, 1980, and continues until May 8, 2026, the date the Court certified the class action.
Some people will receive a notice directly from the Claims Administrator because records suggest they may have been the subject of a Birth Alert. Other people may not receive this notice but still could be part of the class.
What the proposed settlement includes
This class action says that Birth Alerts disclosed sensitive personal information and so were a privacy violation and an infringement of the rights to liberty and security. It also says that for Indigenous parents, Birth Alerts violated the right to equality. The settlement does not address what may have happened once the child was born.
If the Court approves the proposed settlement, the Province of British Columbia would provide 66 million dollars to the settlement funds. This means that people who submit approved Claims may receive compensation.
If approved, the proposed settlement would provide a minimum of $2,000 in compensation to class members who submit an eligible Claim. Indigenous class members who submit an eligible Claim will receive additional compensation. The amount each class member receives will depend on the number of class members who submit eligible Claims.
The proposed settlement also includes a collective fund to support families and communities affected by Birth Alerts.
The proposed settlement is not an admission that the Province did anything wrong. It is a legal compromise to resolve the Claims.
FAQs
What is a class action?
A class action is a lawsuit brought by one or more people on behalf of a larger group who have similar experiences or claims. Instead of each person starting their own case, the claims are handled together through one court process.
What is this class action about?
This class action is about the use of Birth Alerts in British Columbia. A Birth Alert was a message sent by a child welfare worker to a hospital about a pregnant person. The Birth Alert expressed or implied a concern that, after their person gave birth, their child might need protection. Birth Alerts were often issued without the pregnant person’s knowledge.
What is a Birth Alert?
A Birth Alert is a communication sent by a child welfare worker from the Ministry of Children and Family Development (MCFD) or delegated Indigenous agencies to a hospital before a baby was born. The communication stated or implied that the person was pregnant and that their child might need protection after birth. After a Birth Alert was sent, child welfare workers commonly came to the hospital before the parent and/or baby was discharged from the hospital.
For this class action, a Birth Alert means the communication sent by a child welfare worker to a hospital. It told the hospital that a person was pregnant and expressed or implied concern that, after the person gave birth, their child might need protection.
The proposed settlement does not address any interactions with child welfare workers or MCFD after the baby was born. This distinction may be difficult for some people because the Birth Alert may be closely connected to what happened afterward.
If you think you may have been subject to a Birth Alert between May 31, 1980, and May 8, 2026, learn more and sign up for updates and next steps at www.BirthAlertsBC.ca or talk to a Claims Helper through our Info Line at 1-833-632-6557.
What does the proposed settlement address?
The proposed settlement addresses the Birth Alert itself. This means a communication sent by a child welfare worker from the Ministry of Children and Family Development (MCFD) or delegated Indigenous agencies to a hospital before a baby was born. The communication stated or implied that the person was pregnant and that their child might need protection after birth. After a Birth Alert was sent, child welfare workers commonly came to the hospital before the parent and/or baby was discharged from the hospital.
The proposed settlement does not address any interactions with child welfare workers or Ministry of Children and Family Development (MCFD) after the baby was born. This distinction may be difficult for some people because the Birth Alert may be closely connected to what happened afterward.
What is the proposed settlement?
The proposed settlement is an agreement between the parties to resolve the class action without a trial.
The Supreme Court of British Columbia must decide whether to approve the proposed settlement at the Settlement Approval Hearing.
If the Court approves the proposed settlement, class members who submit an approved Claim will receive at least $2,000.
Indigenous class members who submit an approved Claim will receive additional compensation. The final amount each person receives will depend on the number of approved Claims.The proposed settlement also includes a collective fund to support families and communities affected by Birth Alerts.
The proposed settlement is not an admission that the Province did anything wrong. It is a legal compromise to resolve the class action.
Does the proposed settlement mean the Province admitted wrongdoing?
No. The proposed settlement is not an admission that the Province did anything wrong. It is a legal compromise to resolve the claims.
What does the proposed settlement include?
If the Court approves the proposed settlement, the Province will provide $66 million in settlement funds.
People who submit approved Claims may receive compensation. The proposed settlement also includes a collective fund to support families and communities affected by Birth Alerts.
How much compensation could I receive?
If the Court approves the proposed settlement, class members who submit an approved Claim will receive at least $2,000.
Indigenous class members who submit an approved Claim will receive additional compensation. The final amount each person receives will depend on the number of approved Claims.
What is the collective fund?
The collective fund is part of the proposed settlement. It is intended to support families and communities affected by Birth Alerts.
This fund is separate from individual compensation paid to class members with approved Claims.
What is the Settlement Approval Hearing?
Before the proposed settlement becomes final, the Court must review and approve it. The Court will also review the plan for how compensation will be shared by class members (called the “Distribution Plan”). Finally, the Court will also hear Class Counsel’s request for legal fees.
At this hearing, the Court will decide whether the proposed settlement is fair, reasonable, and in the best interests of class members.
Do I have to attend the Settlement Approval Hearing?
No. The Settlement Approval Hearing is open to anyone who wishes to attend but you do not have to attend to be included. Class Counsel will attend on behalf of Class Members and answer the Court’s questions. If you object and ask to speak at the hearing, you may be able to do so.
Why does the class period end on May 8, 2026, if Birth Alerts in BC ended in 2019?
Birth Alerts officially ended in British Columbia in 2019. This settlement was certified on May 8, 2026.
The class period extends beyond 2019 so the settlement can be as inclusive as possible. While the likelihood of a Birth Alert being issued after the practice ended is considered very low, the class period allows for the possibility that some communications may have occurred.
While it is unlikely that a Birth Alert was issued after 2019, this class period allows people to ask questions and explore whether the settlement may apply to them.