After the Supreme Court of Canada struck down several sections in 2010, there has been severe uncertainty in the law.
The feds plan to clarify what expenses surrogate mothers (women who carry a child, using her own or a donated egg) can charge. It is illegal to pay a fee; but "reasonable expenses" are permissible. The question has been what is "reasonable"; till now there has been no guidance.
The feds also intend to update regulations governing the safety of donor sperm, and to develop regulations for testing and screening egg donors and develop rules for tracing donations.
In announcing the proposed revisions, which are open for comment till November 29, Health Canada said, "The AHR Act was written to help protect and promote the health, safety, dignity and rights of individuals who use, or are born of assisted human reproduction".
In their press release the government notes that
- It is estimated that up to one in eight Canadian couples experience infertility.
- An increasing number of Canadians, including single parents and same-sex couples, are turning to assisted human reproduction procedures to help build their families.