General | The Assisted Human Reproduction Act of 2004 governs reproductive technologies at a federal level in Canada. | Assisted Human Reproduction Act (S.C. 2004, c. 2) / Department of Justice, Canada: laws-lois.justice.gc.ca
Assisted Human Reproduction Canada (AHRC), federal regulatory agency: ahrc-pac.gc.ca |
Assisted Reproductive technology (artificial insemination, IVF, etc.) | Discrimination on the basis of their sexual orientation or marital status is prohibited: lesbians and singles have full access to artificial insemination and ART procedures. | List of fertility clinics / Canadian Fertility and Andrology Society: cfas.ca |
Self-insemination | As self-insemination is not specifically mentionned in the Assisted Human Reproduction Act, there is some uncertainty regarding as how it should legally be treated.
Local specificities / exceptions: The province in which the child is born will govern the parentage attribution process. | |
Identifying information on embryo, egg and sperm donors | Both known and anonymous sperm donations are allowed and regulated by the same law. A sperm donor has the choice to share his identity or remain anonymous. | Becoming a donor / AHRC Canada: ahrc-pac.gc.ca |
Paid or freem sperm donors? | Purchasing, offer to purchase or advertise for the purchase of sperm or ova from a donor is strictly forbidden. However, advertisement for altruistic donors is not prohibited. Reasonable expenses reimbursements are authorized and should soon be regulated. | The Reproductive lay in Canada / Sherry Levitan, Barrister and Solicitor: fertilitylaw.ca |
Altruistic surrogacy | Altruistic surrogacy is allowed but still neither fully legally controlled nor protected.
Local specificities / exceptions:Parentage conflicts may arise and be treated differently depending on the state where the surrogacy took place. | Surrogacy in Canada / Sherry Levitan, Barrister and Solicitor: fertilitylaw.ca |
Commercial surrogacy | Commercial arrangements involving a surrogate mother are strictly forbidden, as is advertisement for paid surrogacy. | Prohibited Activities, Assisted Human Reproduction Act (S.C. 2004, c. 2) / Department of Justice, Canada: laws-lois.justice.gc.ca |
Surrogacy abroad | Assisted Human Reproduction Canada (AHRC) does not prohibit surrogacy abroad as such, but strongly advises to get medical and legal counseling before undergoing such a procedure.
Local specificities / exceptions:Parentage rights in this case are a very sensitive matter as they depend on the legislation of the country where the surrogacy takes place and the state of residency of intented parents. | Undergoing AHR Outside of Canada: Issues and Risks: ahrc-pac.gc.ca |
Can gay dads have a surrogate child? | In the case of surrogacy, pre-birth surrogacy arrangements are not enforceable by law and a post-birth court application is required to establish the parentage of intended parents. If one of them is the biological father, his partner is allowed to apply for a declaration of parentage. If none of the intended fathers is biologically related to the child, adoption laws apply.
Local specificities / exceptions:Legal procedures in order for gay dads to obtain parentage of a child born out of a surrogacy arrangement depend on each jurisdiction. | Declaration of Parentage in Canada / Surrogate Motherhood: surrogatemother.com |
Access to general adoption | Adoption in Canada is a provincially mandated issue. Each province and territory has its own rules and regulations regarding all aspects of adoption. Single individuals can apply to adopt.
Local specificities / exceptions: Common law and same sex couples can apply jointly for an adoption in almost every Canadian State, except for New Brunswick where the act is being revised. | Adoption Resource Guide for Canadians / AHRC Canada: adoptiveparents.ca |
Step child adoption for same sex couples | Since 2005, same sex couples have acces to civil marriage on the same basis as opposite sex couples and share the exact same rights.
Local specificities / exceptions: Conditions for obtaining the right to adopt one's partner step child depends on provincial legislation. | Civil Marriage Act: laws-lois.justice.gc.ca |
