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.
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 (such as Alberta and British Columbia) have taken steps to amend their legislation to reflect that a sperm donor is not a parent without something more. In other provinces, such as Ontario, legislation is silent as to the rights and obligations of a sperm donor. 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.
Legal Parentage re Known Sperm Donor
Depending on the situation of the intended parents, a further legal process may be necessary to secure the legal rights of the parents to the child. The appropriate process will depend on the specifics of the situation. Read more about the legal processes to obtain legal parentage here, or contact Sara at Fertility Law Canada to discuss your situation.
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).