Because there are so few donors in Canada, many people ask for sperm from someone they know. Cohen said people decide to make a deal with their donor to make sure everyone is on the same page, including what information is shared with the conceived child and what role the donor will play if any. Sperm donation is a fairly intense process, and since there is no financial compensation, there is not much incentive. Cohen stressed that donors must be healthy, that their blood must be examined and tested for STIs. Sperm and egg donation is not illegal in Canada, but don`t catch turkey cups and basters yet. In Canada, the exchange of reproductive genetic material is strictly regulated by the Assisted Human Reproduction Act, and before going through the genetic bazaar, go to a competent family lawyer, as you should expect draconian penalties for violating these rules. The law does not prevent someone from giving away their genetic material for altruistic purposes. Reimbursement of expenses incurred during the donation is also permitted, but section 7 of the Act prohibits the sale or purchase of gametes by a sperm donor, egg donor or embryo donor. In most cases, the donor agrees to remain anonymous and the names of the parties remain confidential. If the intended parents and/or donors wish some kind of future contact, the agreement should clearly specify the conditions for such contact in the best interests of the child or children.
There is a case where an agreement on sperm donation is mandatory under the Child Rights Reform Act, and this is where sperm donation is done through sexual intercourse. In Ontario, section 5 of the Children`s Law Reform Act states that a person who provides reproductive material for use in the conception of a child through assisted human reproduction is not legally recognized as a parent of the child unless that person is considered a parent by other ancestry rules in the legislation. This means that the donation of reproductive material alone is not sufficient to automatically conclude that the donor is not a parent of the child. If these criteria are not met, a decision of the parents` court is required after the birth to establish filiation with the intended parents. However, even with prior agreement to conception, it is still possible to obtain an order after birth, with some parents intending to request or wish for it. Provincial parentage laws have come a long way in clarifying these situations. Ontario introduced its “All Families Are Equal Act” last fall; while B.C. updated its laws about five years ago. But there is still uncertainty about known donors: how is it too well known? When it comes to timing, sperm donor agreements should be made before conception to prevent these problems from being addressed during emotionally stressed periods after conception and after birth. Gay couples need both an egg donor and a pregnancy carrier.
If the egg donor is known, an agreement should be obtained that displays the intention of all parties concerned. An agreement is also required with the pregnancy carrier.. . .