Egg, Sperm and Embryo Donors and Fertility Law in Canada

Egg, embryo and sperm donation is legal in Canada and is supported by federal legislation that sets out what is permitted and what is prohibited. Learn more.

Egg, sperm and embryo donation is legal in Canada. The Assisted Human Reproduction Act (the “AHRA”) is federal legislation which sets out those activities that are permitted, but heavily controlled, and those that are prohibited altogether.

Canadian law permits egg, sperm and embryo donation, but provides that an egg or sperm donor may only be reimbursed for his or her expenses incurred in the course of the donation. Payment of compensation or an offer of compensation to a donor for their egg, sperm or embryos, however, is prohibited and subject to serious penalty.

While the legislation is restrictive, it is still possible to enter into a legally-compliant egg, sperm, or embryo donation arrangement as evidenced by the many children born as a result of these arguments each year.