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

Act current to 2016-05-12 and last amended on 2012-09-30. Previous Versions

Marginal note:Payment for surrogacy
  •  (1) No person shall pay consideration to a female person to be a surrogate mother, offer to pay such consideration or advertise that it will be paid.

  • Marginal note:Acting as intermediary

    (2) No person shall accept consideration for arranging for the services of a surrogate mother, offer to make such an arrangement for consideration or advertise the arranging of such services.

  • Marginal note:Payment to intermediaries

    (3) No person shall pay consideration to another person to arrange for the services of a surrogate mother, offer to pay such consideration or advertise the payment of it.

  • Marginal note:Surrogate mother — minimum age

    (4) No person shall counsel or induce a female person to become a surrogate mother, or perform any medical procedure to assist a female person to become a surrogate mother, knowing or having reason to believe that the female person is under 21 years of age.

  • Marginal note:Validity of agreement

    (5) This section does not affect the validity under provincial law of any agreement under which a person agrees to be a surrogate mother.

Marginal note:Purchase of gametes
  •  (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
  •  (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

 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.

 [Repealed, 2012, c. 19, s. 717]

 [Repealed, 2012, c. 19, s. 718]

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

 [Repealed, 2012, c. 19, s. 720]

 [Repealed before coming into force, 2012, c. 19, s. 720]

 [Repealed before coming into force, 2012, c. 19, s. 720]

 [Repealed before coming into force, 2012, c. 19, s. 720]

 [Repealed before coming into force, 2012, c. 19, s. 720]

 [Repealed before coming into force, 2012, c. 19, s. 720]

 [Repealed before coming into force, 2012, c. 19, s. 720]

Responsibility of Minister

Marginal note:Assisted human reproduction policy
  •  (1) The Minister is responsible for the policy of the Government of Canada respecting assisted human reproduction and any other matter that, in the opinion of the Minister, relates to the subject-matter of this Act.

  • (2) [Repealed, 2012, c. 19, s. 721]

  • 2004, c. 2, s. 20;
  • 2012, c. 19, s. 721.

 [Repealed, 2012, c. 19, s. 722]

 [Repealed, 2012, c. 19, s. 722]

 [Repealed, 2012, c. 19, s. 722]

 [Repealed, 2012, c. 19, s. 722]

 [Repealed, 2012, c. 19, s. 722]

 [Repealed, 2012, c. 19, s. 722]

 [Repealed, 2012, c. 19, s. 722]

 [Repealed, 2012, c. 19, s. 722]

 [Repealed, 2012, c. 19, s. 722]

 [Repealed, 2012, c. 19, s. 722]

 [Repealed, 2012, c. 19, s. 722]

 [Repealed, 2012, c. 19, s. 722]

 [Repealed, 2012, c. 19, s. 722]

 
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