Reproductive and Fertility Law: Sperm Donation and Sperm Donor Agreements
Sperm donation is legal in Canada. However, there are restrictions surrounding sperm donation. For instance, it is illegal to purchase sperm from a donor/person acting on behalf of a donor. It is permissible to reimburse expenses incurred in the course of the donation (ex: travel expenses incurred to provide the sperm donation).
There are different methods of sperm donation. Sperm may be provided through a sperm bank, artificial insemination, or sexual intercourse.
A sperm donor may be known to the intended parent(s). There are many reasons why intended parent(s) may choose a known sperm donor. For example, in these cases the identity and health status of the sperm donor is known. Medical records of a known sperm donor may be more readily accessed as well, assuming parties agree to this arrangement.
Under the Children's Law Reform Act, there is a presumption that a person who donates sperm through intercourse is a parent unless the parties have an agreement with the intended birth parent(s) that says otherwise. This agreement must be signed prior to the conception of the child(ren) and must be in writing. In other words, if a person intends to donate sperm through sex, the donor may well not be protected. In this situation, it is vital that there be a sperm donor agreement in place before the donation, which is a written agreement signed by the parties indicating that the donor is not taking on a parental role.
A sperm donor agreement establishes in advance all of the involved parties' expectations, roles, legal responsibilities in the process, level of contact, etc. These agreements usually contain terms indicating that the donor does not intend to be involved as the child(ren)'s parent after birth. On the other hand, the donor is released from right and responsibilities to the child (ex: child support, custody, etc.)
If you have questions about reproductive law or sperm donor agreements, contact Ashley Krol at 905.707.3370, ext. 30.
