Assisted Human Reproduction Act (S.C. 2004, c. 2)

Act current to 2013-05-26 and last amended on 2012-09-30. Previous Versions

Marginal note:Purchase of gametes

  • 7. (1) No person shall purchase, offer to purchase or advertise for the purchase of sperm or ova from a donor or a person acting on behalf of a donor.

  • Marginal note:Purchase or sale of embryos

    (2) No person shall

    • (a) purchase, offer to purchase or advertise for the purchase of an in vitro embryo; or

    • (b) sell, offer for sale or advertise for sale an in vitro embryo.

  • Marginal note:Purchase of other reproductive material

    (3) No person shall purchase, offer to purchase or advertise for the purchase of a human cell or gene from a donor or a person acting on behalf of a donor, with the intention of using the gene or cell to create a human being or of making it available for that purpose.

  • Marginal note:Exchanges included

    (4) In this section, “purchase” or “sell” includes to acquire or dispose of in exchange for property or services.

Marginal note:Use of reproductive material without consent

  • 8. (1) No person shall make use of human reproductive material for the purpose of creating an embryo unless the donor of the material has given written consent, in accordance with the regulations, to its use for that purpose.

  • Marginal note:Posthumous use without consent

    (2) No person shall remove human reproductive material from a donor's body after the donor's death for the purpose of creating an embryo unless the donor of the material has given written consent, in accordance with the regulations, to its removal for that purpose.

  • Marginal note:Use of in vitro embryo without consent

    (3) No person shall make use of an in vitro embryo for any purpose unless the donor has given written consent, in accordance with the regulations, to its use for that purpose.

Marginal note:Gametes obtained from minor

9. No person shall obtain any sperm or ovum from a donor under 18 years of age, or use any sperm or ovum so obtained, except for the purpose of preserving the sperm or ovum or for the purpose of creating a human being that the person reasonably believes will be raised by the donor.

10. [Repealed, 2012, c. 19, s. 717]

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11. [Repealed, 2012, c. 19, s. 718]

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The following provision is not in force.
Marginal note:Reimbursement of expenditures

  • 12. (1) No person shall, except in accordance with the regulations,

    • (a) reimburse a donor for an expenditure incurred in the course of donating sperm or an ovum;

    • (b) reimburse any person for an expenditure incurred in the maintenance or transport of an in vitro embryo; or

    • (c) reimburse a surrogate mother for an expenditure incurred by her in relation to her surrogacy.

  • Marginal note:Receipts

    (2) No person shall reimburse an expenditure referred to in subsection (1) unless a receipt is provided to that person for the expenditure.

  • Marginal note:No reimbursement

    (3) No person shall reimburse a surrogate mother for a loss of work-related income incurred during her pregnancy, unless

    • (a) a qualified medical practitioner certifies, in writing, that continuing to work may pose a risk to her health or that of the embryo or foetus; and

    • (b) the reimbursement is made in accordance with the regulations.

  • 2004, c. 2, s. 12;
  • 2012, c. 19, s. 719.
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