Fact-Sheet-The-Legal-Side-of-3rd-Party-Reproduction

Oct 1, 2026

Uploaded by Pentious

Fact sheet outlining Canadian and British Columbia legal rules that apply to intended parents, sperm/egg/embryo donors, and surrogates in third-party assisted reproduction. Explains illegal payment limits, reimbursement requirements, consent rules, and criminal penalties. Details who is considered a legal parent under the BC Family Law Act, including the “Daddy/Parent Not a Donor” rule and general principles that intention to parent can outweigh genetic connection. Includes Q&A on whether agreements are required and what they should cover.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages3

Reading Time8 min

AccessFree to download

THE LAWS THAT APPLY TO YOU

Canada: Federal Assisted Human Reproduction Act (AHRA) and Reimbursement Regulations

Local: Identification of the legal parent

THE LAW IN BC: Who is a parent under the BC Family Law Act

Children conceived through sexual intercourse (FLA s. 26)

“That’s a Daddy/Parent Not a Donor” Rule

General rules under the law (FLA Part 3)

QUESTIONS & ANSWERS

Do I need a legal agreement for my sperm/egg/embryo donation or surrogacy process?

What about self-insemination at home with a known sperm donor?

What does a legal agreement cover?

This Fact Sheet is for you if you are: a. An Intended Parent who needs a sperm, egg or embryo donor or surrogate to have a child b. A sperm donor, egg donor or embryo donor c. A surrogate who is going to carry a child for the Intended Parent(s) THE LAWS THAT APPLY TO YOU There are two important legal schemes that apply to you. 1. Canada: The Federal Assisted Human Reproduction Act1 (AHRA) and Reimbursement Regulations2 : • It is illegal to pay for sperm/eggs/embryo donation or surrogacy services in Canada. Donors and surrogates can be reimbursed for “expenses” only. The Reimbursement Regulations provide a complete list of expenses that may be reimbursed to a donor or surrogate, such as travel expenses. No other expenses or payments are allowed. Receipts are required and declaration form must be completed to provide reimbursement. Some expenses require a medical practitioner referral, such as for lost wages for surrogates and egg donors (sperm donors are not eligible for lost wages) . Health Canada has a produced a Guidance Document 3 and a Reimbursement of Expenditures Declaration Form to assist. • There must be written consent to use another person’s sperm/eggs/embryos. The person must be over 18. • The penalty for breaching the law is a criminal offence, punishable by a maximum $500,000 fine and 10 years in prison. 2. Local: How you identify who is the legal parent of a child born through assisted reproduction. The law is different in each province/ territory/ country. The law of the place where the child is born, is the law that applies to you. THE LAW IN BC: Who is a parent under the BC Family Law Act If your child will be born in BC, the BC Family Law Act (FLA)4 applies to determine the child’s legal parents. BC is one of the best places to have a child through assisted reproduction because the laws are clear about who is and is not a parent. There is no requirement for a genetic connection between the child and one of the parents. As well, the birth registration process is administrative (no court order is required after birth to confirm the parentage of the child, unlike most places) . Children conceived through sexual intercourse (FLA s. 26): “That’s a Daddy/Parent Not a Donor” Rule: where a child is conceived through sexual intercourse the biological parents are the child’s legal parents. You cannot opt out of this. TAKE AWAY: If you have a known sperm donor, you cannot have sex to conceive, otherwise they are a no longer a donor; they are a parent with all rights and responsibilities of a parent. Who is a parent where assisted reproduction is used – general rules under the law (FLA Part 3): When creating families with assisted reproduction (clinic or self-insemination) intention to parent trumps genetic connection. • The parents of a child are the birth parent and their partner/spouse (FLA s. 27) . • Donor (sperm, egg or embryo) is not a parent (FLA s.24) . • Surrogate is not a parent; the intended parents are the parents – there must be a written agreement prior to conception and another signed by the surrogate after birth (FLA s. 29) . • Multiple parent families are a-ok! (in certain circumstances) -there must be a written agreement prior to conception (FLA s. 30) . • A person can become a parent after their death in certain circumstances-there must be written consent (FLA s. 28) . 1 Federal Assisted Human Reproduction Act, S.C. 2004, c. 2 2 Reimbursement Related to Assisted Human Reproduction Regulations (SOR/2019-193) . Note:there are other regulations about consent, enforcement, process. 3 Guidance Document-Reimbursement Related to Assisted Human Reproduction Regulations 4 Family Law Act [SBC 2011] CHAPTER 25 QUESTIONS & ANSWERS Do I need a legal agreement for my sperm/ egg/ embryo donation or surrogacy process? Why? • In a surrogacy situation, a written and signed legal agreement is required under the law. Your Fertility Clinic will require a letter from a

FAQs

What Canadian laws and rules apply to sperm, egg, embryo donation or surrogacy?

The fact sheet states that two legal schemes apply in Canada: the Federal Assisted Human Reproduction Act (AHRA) and the Reimbursement Regulations. It explains that paying for services is illegal, while donors and surrogates may be reimbursed only for listed “expenses,” with receipts and required declarations.

Who is considered a legal parent under BC law when assisted reproduction is used?

Under the BC Family Law Act, parents are the birth parent and their partner/spouse, while the donor is not a parent. For surrogacy, the intended parents are the parents, with a written agreement required before conception and another signed by the surrogate after birth.

Do I need a legal agreement if I use a known sperm donor or self-inseminate at home?

The fact sheet says a written agreement is not required by law with a known sperm donor, but it is strongly recommended, especially if the donor may have a relationship with the child. It also warns that if conception involves sexual intercourse, the donor can become a parent with parental rights and child support responsibilities.

Oct 1, 2026

Uploaded by Pentious