Fertility law, sometimes called third party reproduction law, is the area of law that governs assisted reproduction in Canada. Assisted reproduction refers to procedures such as in vitro fertilization, egg and sperm donations, surrogacy and more. These procedures are generally performed through a clinic, though sperm donations are sometimes done outside of the clinic.
The Assisted Human Reproduction Act, S.C. 2004 c.2, (AHRA) is the Canadian federal legislation meant to protect the health, safety, dignity and rights of Canadians who use or are born by assisted human reproduction. The Act is very comprehensive and regulates the licensing, enforcement, monitoring, and inspection of activities relating to assisted human reproduction in Canada. Health Canada enforces the AHRA.
The AHRA does not prohibit egg and sperm donation or surrogacy in Canada. It does prohibit payment for surrogacy, egg donation and sperm donation. This is based on an altruistic model, which means that the donor or surrogate does not receive financial compensation beyond reimbursement for their expenses related to the donation or surrogacy. The AHRA lists what expenses can be reimbursed to the donor or surrogate and these expenses are generally defined in Donor and Surrogacy Agreements.
Fertility law includes provincial laws and regulations, federal laws and regulations, and case law. Many areas of law are included in Fertility Law, such as contract law, family law, health law, wills and estates, and immigration law. Our team will help you navigate this complex area of law. Contact BOYNECLARKE for a 30-minute consultation.