The Assisted Human Reproduction Act (AHRA) was implemented in March 2004. It protects the rights of Canadians using assisted reproductive technologies to build a family.
What’s so great about the AHRA is that it not only protects couples but also surrogates and children born through assisted reproduction. We’ve got you covered if you wish to learn more about the act.
Let’s look at everything about the Assisted Human Reproduction Act, including how it protects everyone’s rights.
What Is The Assisted Human Reproduction Act?
The Assisted Human Reproduction Act, or AHR Act, is a legal framework that governs assisted reproductive technologies (ARTs) and people involved in such reproduction.
Its main aim is to ensure all assisted human reproduction techniques are done with consent and ethically. The Canadian fertility law advocates family building as long as it’s done with the right intentions and methods.
Allowed Activities Under The Assisted Human Reproduction Act
You can enjoy various assisted human reproduction activities under the AHR Act, such as:
1. In Vitro Fertilization (IVF Canada)
IVF Canada is one of the top activities recognized under the AHR Act. It allows couples to overcome infertility challenges and build a family without opting for adoption.
The process involves retrieving sperm and eggs from the involved couple. These reproductive materials are then fertilized in a laboratory setting to enhance the chances of embryo formation.
Once the embryo is formed, it is transferred back to the female partner’s uterus. The Assisted Human Reproduction Act allows multiple cycles of IVF Canada because it may take a few tries for fertilization to occur.
You must get the procedure done at a licensed clinic after receiving proper counselling. A fertility lawyer may also offer you advice on the procedure and connect you with a reputable clinic.
2. Altruistic Surrogacy
Surrogacy is another activity permitted under the AHR Act, but you must meet specific conditions. For example, you can only engage in altruistic surrogacy under the legal framework.
An altruistic surrogacy is one in which a surrogate mother carries a child for intended parents without receiving any payment. You can only reimburse expenses such as medical bills directly caused by the pregnancy.
If you engage in commercial surrogacy by paying the surrogate money or gifts unrelated to pregnancy, the method will be illegal. You may face penalties for commercial surrogacy, which may include parental rights challenges.
3. Artificial Insemination
One of the most easily accessible treatments under the Assisted Human Reproduction Act is artificial insemination. It involves inserting a sperm into the female reproductive tract directly for fertilization.
The sperm can be acquired by a male, anonymous or known donor, at licensed sperm banks. It can also come from your partner if they’re not facing fertility issues, such as low sperm count or motility.
Within the AHR Act, you can benefit from:
- Intrauterine artificial insemination
- Intracervical artificial insemination
The only thing you must ensure while getting these procedures is that they’re done by a qualified and licensed healthcare provider.
4. Storage Of Sperms, Eggs, And Embryos
Cryopreservation techniques are also supported under the AHR Act for those who want to build a family later. This option is mainly available to:
- Cancer patients
- Couples delaying childbearing
- People undergoing fertility treatments
A 2021 study by the University of Toronto showed that 50% of females undergo planned oocyte cryopreservation when their fertility begins to decline.
Many women take such action to preserve their eggs if they haven’t found a partner and they’re at an age where their fertility will continue to decline.
5. Reimbursement For Donors And Surrogates
The Assisted Human Reproduction Act doesn’t allow surrogates and sperm or egg donors to receive payments. Paying these individuals makes your artificial reproduction procedure a commercial one, which is illegal.
However, you’re allowed to reimburse the donors or surrogates for their out-of-pocket expenses. These may be:
The main purpose of the reimbursement approach is to recognize the sacrifices of donors and surrogates. It encourages altruistic reproduction methods while ensuring no party suffers financial burden.
Prohibited Activities Under The Assisted Human Reproduction Act
Whether you’re a surrogate, sperm donor, or a couple undergoing IVF Canada, the AHRA will protect your rights. One way it does that is by allowing specific activities but prohibiting others. Let’s look at the latter acts:
1. Cloning
Section 5 (1) of the AHRA states that no person can knowingly create a human clone by:
- Using artificial reproductive techniques
- Transplanting a human clone into another person
The legal framework clarifies that a clone under the AHRA is an embryo that has been created by manipulating reproductive technologies. Regardless of whether the purpose of cloning is therapeutic or reproductive, cloning is illegal in Canada.
2. Maintenance Of Embryo Outside Female Body
Canadian fertility laws prevent the maintenance of embryos outside the human body beyond a specific time. The AHRA only allows healthcare providers and couples to maintain an embryo outside a female for 14 days only.
If an embryo is kept outside a female body beyond this limit, the reproductive act will be illegal. This limit excludes the egg freezing time.
3. Increase Probability Of A Specific Sex
Sex selection is strictly prohibited under the Canada Assisted Human Reproduction Act for ethical reasons. You cannot deliberately choose a specific embryo to enhance your chances of having a specific gender.
The law encourages the maintenance of natural sex ratios when couples opt for assisted reproduction. If you’re non-compliant with the AHRA, you’ll be committing a serious punishable offence in Canada.
4. Non-Human Life Form Transplants
Non-human cells, embryos, or eggs cannot be transplanted into a human body under the AHRA. The main purpose of this prohibition is to prevent people from creating hybrid organisms.
Another aim of the AHRA is to protect the integrity of the human genome. This is why manipulating non-human life forms to support their growth in a human body is prohibited.
5. Pay People For Prohibited Acts
Paying an intermediary to arrange a prohibited act such as cloning, hybrid formation, or sex selection is illegal in Canada. Similarly, you cannot pay a healthcare provider to perform these activities for you.
Even if you’re just offering to pay and haven’t finalized a deal yet, you’d be committing a criminal offence in Canada. This can lead to severe penalties, including imprisonment.
6. Pay Intermediaries Or Surrogate Mothers
Surrogacy laws Canada only allow you to reimburse surrogate mothers for out-of-pocket expenses. You cannot directly pay cash or transfer online money to a surrogate for carrying your child.
Anything that makes surrogacy a commercial transaction is prohibited under the AHRA. This includes paying the debt of a surrogate mother in return for carrying your baby.
Similarly, you cannot pay egg or sperm donors for providing you with reproductive material. They can only receive reimbursement for specific expenses.
Intermediaries cannot be paid to arrange a sperm donor, egg donor, or surrogate for your assisted reproduction procedure.
7. Use Of Reproductive Material Without Consent
Assisted reproductive technologies can only be used for building a family if all parties consent to it. Minimum age requirements must also be fulfilled.
For example, you’ll be committing an offence if you convince a female of less than 21 years to consent to surrogacy. Under the AHRA, only women above the age of 21 can serve as surrogate mothers.
You must also receive specific authorization from a donor for sperm or egg donation. The law aims to prevent exploitation of reproductive material by making consent a legal requirement.
How Does The Assisted Human Reproduction Act Protect Rights?
Besides the allowed and prohibited activities, the Canada Assisted Human Reproduction Act also protects your rights by implementing the following regulations:
1. Safety Regulations
The primary aim of safety regulations under the AHR Act is to reduce risks to human health arising from the use of sperm or eggs. It sets out specific requirements that you and all parties involved must comply with:
- Suitability assessment for donor(s)
- Proper labelling and storage of donated material
- Quality management of the reproductive material
- Healthcare measures to prevent adverse reactions
Your healthcare professional must actively participate in complying with these safety regulations. You can also consult a fertility lawyer to understand regulations specific to your assisted reproduction procedure, such as IVF Canada.
2. Reimbursement Regulations
Reimbursing surrogates and donors beyond a specific limit leads to non-compliance with AHRA reimbursement regulations. The main purpose of these rules is to prevent third parties from exploiting you using out-of-pocket expenses as an excuse.
For example, the regulations require surrogate mothers and other parties to offer you receipts for their assisted reproduction-related expenses. You’re only obliged to pay the exact amount and not a penny more or less.
Reimbursement regulations also ensure you don’t swindle surrogates and donors by not paying their out-of-pocket expenses. These include medical appointments, travel costs, accommodation, legal fees, and pregnancy-related expenses like maternity clothing and supplements.
If you refuse to pay these expenses by claiming they’re not caused by pregnancy or other reasons, the surrogate can file a case against you.
3. AHR Consent Regulations
Section 8 of the AHRA governs informed consent regulations. It states that before starting the assisted reproduction procedure, the intended parents must receive a document signed by the donor.
The document must state that the donor was informed that their reproductive material will be used for creating an embryo for assisted reproduction. These regulations also make it a legal requirement for a donor to submit their withdrawal in writing.
Oral consent doesn’t amount to anything when it comes to assisted reproduction in Canada. If you’ve received such consent and started your family building process, consult a fertility lawyer such as Barnett Law. They’ll guide you on steps that may help you avoid a criminal record and other penalties.
Assisted Human Reproduction Act Offences And Penalties
The Assisted Human Reproduction Act offences and penalties vary depending on the section that is violated. Your punishment may range from a simple fine to imprisonment.
Connecting with an assisted human reproduction lawyer can help you avoid these offences or reduce your punishment.
What Is The Future Of Canada Assisted Human Reproduction Act?
Canada Assisted Human Reproduction Act faces significant evolution as reproductive technologies advance rapidly. Key areas requiring modernization include clearer regulations for genetic editing, expanded access to fertility treatments, and updated frameworks for surrogacy arrangements.
The Act must address emerging technologies like artificial gametes and mitochondrial replacement therapy while balancing ethical considerations with scientific progress. Provincial jurisdiction conflicts need resolution to ensure consistent national standards.
FAQs
What Are The AHR Regulations?
The AHR regulations include safety regulations to protect the health of all parties involved, reimbursement regulations to prevent financial burden on any one party, and consent regulations for the proper beginning of the assisted reproduction procedure.
What Is The Purpose Of The Assisted Human Reproduction Act?
The Assisted Human Reproduction Act in Canada have been developed to protect the rights of people using ARTs and people born through ARTs. It prevents exploitation of all reproductive material and maintains human genome integrity.
Why Is Assisted Reproduction Controversial?
Assisted reproduction is controversial because it can be easily manipulated to alter human genome integrity and increase sex selection. Some religions also frown upon the use of ARTs, making the act controversial.
What Are The Steps In Assisted Human Reproduction?
The steps in assisted human reproduction depend on whether you’re undergoing IVF Canada, artificial insemination, or surrogacy. Most procedures involve acquiring sperm and eggs to fertilize them in a laboratory. These are then transferred to the female partner or surrogate mother.
Assisted Human Reproduction Act: Make Your Journey Legal With Barnett Law
Canadian fertility laws are mainly governed by the Assisted Reproduction Act. You must comply with every legal point under the AHRA to enjoy a successful family building procedure.
If you wish to learn more about the AHR Act or require defence for violation of the act, we’re here for you. Contact Barnet Law today to set up a consultation with our experienced fertility lawyer and navigate assisted human reproduction laws plus challenges.
Author Profile
- Barnett Law is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh Barnett wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.
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