Fertility Law: Assisted Human Reproduction Act and Surrogacy

The Assisted Human Reproduction Act ("AHRA") is federal legislation, which was passed in 2004. The AHRA outlines prohibited activities relating to assisted human reproduction. For instance:

• Section 6 - paying a surrogate for her services to be a surrogate mother;
• Section 7(1) - buying sperm or ova from a donor or a person acting on behalf of a donor;
• Section 7(2) - buying embryos; and,
• Section 9 - obtaining sperm or ovum from a donor who is under 18 years old.

According section 60 of the AHRA, a person who contravenes these prohibitions is guilty of an offence. Accordingly, that person is liable to a fine of a maximum of $500,000 or to jail for a maximum of 10 years or both.

According to section 12 of the AHRA, one can reimburse a donor or a surrogate for expenditures incurred in the course of donating sperm, ovum, or embryos/surrogacy so long as such payments are in accordance with the regulations. The government is currently drafting these regulations but they are not yet in force. Moreover, receipts must be provided for the said expenditures.

Section 12 of the AHRA mandates that a surrogate mother can only be reimbursed for a loss of work-related income during the pregnancy if a doctor certifies in writing that continuing to work may pose a risk to her health or the health of the embryo or fetus.

To learn more about fertility law, contact Ashley Krol at Krol & Krol  at 905.707.3370.