Legalize Paid Surrogacy and Donor Compensation

Summary#

This bill changes Canada’s Assisted Human Reproduction Act. It would decriminalize paying for sperm or egg (ovum) donation and for surrogacy, with age, consent, and anti-coercion safeguards. It would also remove the ban on buying other human reproductive material used to create a human being. It takes effect 180 days after it becomes law (Coming into Force).

• Pays for surrogacy and for sperm or egg donation would no longer be crimes; “consideration” (payment or anything of value) bans are removed (Clause 2; Clause 3).
• New safeguards bar counselling or medical help for a surrogate under 21, or a donor under 18, or anyone who cannot consent or is coerced (Clause 2; Clause 3).
• The ban on buying “a human cell or gene” to create a human being is repealed (Clause 3).
• The Act’s statement that trade and exploitation concerns justify prohibitions is repealed (Clause 1).
• Reimbursement rules change: only costs for maintaining or transporting an in vitro embryo can be reimbursed by regulation; donor and surrogate reimbursement provisions are repealed (Clause 4).
• In-force date: 180 days after Royal Assent (Coming into Force).

What it means for you#

• Households and intended parents

  • You could legally pay a surrogate, egg donor, sperm donor, or an intermediary agency. Paying or offering to pay would no longer be a crime (Clause 2; Clause 3).
  • You could also purchase other human reproductive material used to create a human being, subject to consent rules in section 9 of the Act (Clause 3).
  • The prior clause stating the surrogacy section does not affect the validity of contracts under provincial law is removed; the bill does not set new federal rules on contract validity (Clause 2).
  • Changes would take effect 180 days after Royal Assent.

• Surrogates

  • You could be paid for surrogacy. It would be illegal to counsel you to be a surrogate or perform medical procedures if you are under 21, cannot consent, or are being coerced (Clause 2).
  • Paying a person or agency to arrange your services would no longer be a crime (Clause 2).
  • The prior federal reimbursement-only rules tied to surrogacy are repealed (Clause 4).

• Sperm and egg donors

  • You could be paid to donate if you are 18 or older, can consent, and are not being coerced (Clause 3).
  • It would be illegal to counsel you to donate or to perform donation procedures if you are under 18, cannot consent, or are being coerced (Clause 3).
  • The prior federal reimbursement-only rules for donor expenses are repealed (Clause 4).

• Clinics, health professionals, and agencies

  • You could lawfully facilitate paid surrogacy and paid sperm/egg donation, and accept payment for arranging services; the prior criminal bans on paying, accepting payment, or advertising paid arrangements are removed (Clause 2; Clause 3).
  • You must not counsel or assist surrogacy for someone under 21, or donation for someone under 18, or for anyone who cannot consent or is being coerced (Clause 2; Clause 3).
  • The repeal of subsection 7(3) allows purchase of other human cells or genes to create a human being, subject to consent provisions in section 9 (Clause 3).

• Researchers and suppliers of reproductive material

  • The purchase ban on “a human cell or gene” to create a human being is repealed. Transactions would be governed by the remaining consent and other applicable laws (Clause 3).

Expenses#

• Estimated net cost: Data unavailable.

• Key points

  • The bill contains no appropriations, taxes, or fees (Bill text).
  • No official fiscal note identified. Data unavailable.
  • Possible enforcement or administrative savings or costs from changing criminal prohibitions: Data unavailable.

Proponents' View#

• Expands access by allowing compensation, which they argue can increase the number of available donors and surrogates; the bill removes criminal penalties for payments (Clause 2; Clause 3). Data unavailable on the size of any increase.
• Shifts focus to consent and safety by setting age thresholds and banning coercion, rather than banning payments (Clause 2; Clause 3).
• Reduces legal risk for families, donors, surrogates, and intermediaries by decriminalizing payment, advertising, and arranging services (Clause 2; Clause 3).
• Updates the law’s stance by removing the declaration that trade-based prohibitions are justified, which proponents say avoids stigmatizing compensated arrangements (Clause 1).
• Simplifies processes by repealing reimbursement-only rules for donors and surrogates, which were complex to administer (Clause 4). Data unavailable on administrative savings.

Opponents' View#

• Commercialization risk: Repealing payment bans and the declaration about trade-based ethical concerns could increase market pressure on women to be surrogates or donate eggs (Clause 1; Clause 2; Clause 3). Data unavailable on incidence.
• Weaker oversight: By repealing reimbursement provisions and regulation-making authority related to reimbursements, compensation may proceed without clear federal guardrails (Clause 4; repeal of paragraph 65(1)(e.1)).
• Broader ethical concerns: Repealing the ban on purchasing “a human cell or gene” to create a human being may open new markets in reproductive material beyond sperm and ova (Clause 3).
• Contract uncertainty: The bill removes the clause stating the surrogacy section does not affect the validity of agreements under provincial law, without adding clarity on contracts (Clause 2).
• Implementation risk: Ensuring true consent and absence of coercion may be harder to monitor once money is involved; the bill adds safeguards but no new enforcement tools (Clause 2; Clause 3). Data unavailable on enforcement capacity.