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Ottawa Fertility Law - Great Expectations

Sperm Donation

Sperm DonationWho might need sperm donation?

Sperm donation

Q: What is sperm donation?
A: The contribution, by a third party, of male reproductive cells for the purpose of assisted reproduction. (Source: Termium online)

Q: How does a sperm donation get arranged?
A: Unlike egg donation, sperm donation does not automatically involve high technology and medical intervention.

Q: Is a fertility clinic involved?
A: [not necessary but likely preferable]

Q: Are sperm donors anonymous?
A: Sperm donors can be either anonymous or known to the person(s) contracting for the sperm donation.

Q: Is sperm donation legal in Canada?
A: Sperm donation is legal in Canada, with certain restrictions.

Q: I want to get paid for donating my sperm. How do I arrange this?
A: it is illegal to purchase sperm from a donor or a person acting on behalf of a donor.

Sperm donation and the law

J.C.M. v. A.N.A., 2012 BCSC 584 (CanLII)

Synopsis: In J.C.M. v. A.N.A., 2012 BCSC 584, the Supreme Court of British Columbia dealt with a separating lesbian couple who had jointly purchased sperm straws. The court determined that the sperm straws were property, and refused to engage in an analysis beyond property concerns. Authors write that disputes over human gametes involve a complex interplay between family law, property law and Canada’s Assisted Human Reproduction Act.

Sperm donation in the media