Acquiring Reproductive Material 101: How to Follow the Law
Reproductive Material: What is It and Why Acquire It?
Reproductive material includes sperm and eggs, while embryos are fertilized eggs. The use of reproductive material through assisted reproduction methods, such as IVF, can help individuals facing conception challenges.
People who acquire reproductive material may also use surrogacy. Surrogates are individuals who carry a child for another couple or person. Surrogacy benefits those with high pregnancy risks, fertility issues, or LGBTQ+ couples where neither partner has a uterus.
Purchasing Reproductive Material is Illegal Across Canada
The federal government prohibits the purchase of reproductive materials under the Assisted Human Reproduction Act (AHRA). Purchasing reproductive materials is a criminal offense, punishable by up to 10 years in prison and a fine of up to $500,000.
Where parties use surrogacy as a means to growing their family, it is also illegal to pay someone or advertise payment in exchange for someone becoming a surrogate.
People can acquire reproductive material from a fertility clinic if it is donated, as long as no payment is involved. Compensation for donation-related expenses is not considered payment to the donor.
What Happens if I Am Purchasing Reproductive Material Outside of Canada?
The Assisted Human Reproduction Act (AHRA) applies only in Canada, so individuals cannot be criminally charged under Canadian law for purchasing reproductive material outside of Canada. However, it is important to be aware of the laws in the country where the transaction takes place, as those may differ.
If you purchase reproductive material abroad and a child is born, the outcomes depend on the circumstances. Children born in Canada automatically become Canadian citizens. For children born abroad, they may inherit Canadian citizenship from either the biological or legal parents, provided at least one parent is Canadian and meets the necessary requirements for passing down citizenship.
Conclusion
Regardless of whether you acquire reproductive material in Canada or outside, or make use of reproductive materials personally or by way of surrogacy, it is important to be aware of the legal ramifications and regulations surrounding such actions.
Our Family Law team understands the complexities of surrogacy agreements and can guide you through every step of the legal process. If you have questions about surrogacy, get in touch with us today.
This blog was written by Alaina Woolfrey and assisted by Vinh Hoai Nguyen, a 2nd year University of Ottawa Common Law Student, with Pro Bono Student’s Canada