What is Egg Donation?

Egg donation is the process whereby an egg donor undergoes one or more monitored cycles and has her ova retrieved by a surgical process.  These retrieved ova are then donated to another person to be used for his, her or their own reproductive purposes.  Egg donation is a medical procedure carrying risks and should not be undertaken without proper medical advice.  

Egg Donation and the Law in Canada

Egg donation is legal in Canada.  However, it is illegal to purchase ova from a donor or a person acting on behalf of a donor.  In order to navigate the Assisted Human Reproductive Act effectively and safely, it is important to work together with a fertility lawyer when considering engaging in egg donation, regardless of whether the donation is being made anonymously.

Egg Donor Agreements

Best practices dictate that an egg donation agreement ought to be entered into for each egg donation in Canada, regardless of whether the donation is anonymous or known.  Most Canadian clinics will insist on an egg donation agreement prior to a retrieval where the egg donor is known to the intended parents.  

The most important issue touched upon in an egg donor agreement is the intended parentage of the child born through the use of the donor ova.  It remains to be conclusively determined whether an egg donor may have parental rights and obligations to a child born in Ontario through the use of donor eggs, and an agreement is the best tool to clarify all parties' intentions.  Further, there are other important considerations that ought to be included in an agreement, including the desired relationship between the parties, and an opportunity to share health and other information, among many other important factors.

Prior to undergoing the egg donation process, an egg donor should obtain independent legal advice.

Donor Egg Banks

Over the past couple of years, technology has evolved to permit the use of donor ova obtained from donor egg banks.  Numerous Canadian fertility clinics are now offering the use of vitrified ova as an option to patients in need of donor ova.  Depending on the way in which the egg bank operates, this process may be legal.  We are consulted on a regular basis by various clinics considering or using imported donor ova from egg banks to ensure compliance with Canadian law, as well as by recipients or intended parents to provide legal advice about the process of using donor ova from an egg bank.

Determining Legal Parentage of Children Conceived through the Use of Donor Eggs

There may be certain situations where it would be appropriate for further legal steps to be taken to ensure that the intended parents are the legal parents of the child, and not the egg donor.  Be sure to talk to your fertility lawyer about the necessity in your particular situation.