Sperm Donation Law in Canada
Sperm donation is legal in Canada, however there are various restrictions. Perhaps most notably, across Canada, it is illegal to purchase sperm from a donor or a person acting on behalf of a donor. Here is what Sara R. Cohen had to say about sperm donation in Canada on Kevin Newman Live.
Sperm donation can happen in a clinic setting, or can be done at home through at home insemination.
Sperm donation can happen in a clinic setting, or can be done at home through at home insemination.
Known Sperm Donor Agreements in Canada
Where a known sperm donor is involved, it is very important that a sperm donation agreement is entered into prior to the donation itself. While there is no definitive caselaw in Canada as to the legal rights and obligations of a sperm donor, some provinces in Canada (including Ontario, Alberta and British Columbia) have taken steps to amend their legislation to reflect that a sperm donor is not a parent simply by virtue of their genetic connection to the child. In other provinces, legislation is silent as to the rights and obligations of a sperm donor which may be more dangerous. A sperm donation agreement will be the best evidence all parties will have as to the intention of the parties at the time of the child's conception.
Listen to Sara R. Cohen's interview on the Simi Sara Show about the Jason Patric decision, and the distinction between a known sperm donor and a father here (listen at about minute 19).
Sperm Donation Through Sex
Ontario is the only province in Canada to recognize sperm donation through sex in such a way as to make the donor not a legal parent. A written agreement between the parties must be in place prior to the conception of the child. Fertility Law Canada has experience drafting sperm donation through sex agreements.