Is Surrogacy and Egg Donation Legal in Canada


This is a process of a woman giving birth to a child for another person. Gay or not. The child given birth to fully becomes the child of the other persons in every aspect. There are two types of surrogacy, ‘traditional’ where the surrogate mother is genetically related to the child being carried, and ‘gestational’ surrogacy where the mother has no genetic connection to the child, either the intended mothers eggs are used or those of an egg donor.

Egg donation

This is a process where a willing giver of an egg goes through monitored ovulation cycles and has her ova surgically removed. The retrieved ova is then donated to other people for their own reproductive purposes. Then intended parents can be of any sexual orientation.

Yes, egg donation is legal in Canada. However, the law doesn’t allow direct purchase of ova from a donor or a person acting on behalf of the purchaser. To make buying of the ova smooth and easier for the buyer they are advised to work with an egg donor agency / egg donor consultancy or fertility clinic. All these can be done without disclosing your identity. But why should you be anonymous when you are proud of your sexual orientation? Let the world know who you are, it’s the best way to express the parent you want to be for the child to come.

Most fertility clinics in Canada advise  (or required) the Intended Parents to be to have an egg donation agreement before the retrieval process begins. The donor must be known to the Intended Parents. Here the intended parentage of the child to be given birth to is discussed conclusively. The agreement presents an opportunity for the donor to disclose her health status and get to share other vital information that may be of essence to the donated egg such as genetic diseases in the family. However, before the egg donation process begins the donor is strongly advised to seek legal advice.

Canada egg donation law has not yet fully established whether in Ontario an egg donor can have parental rights and obligations of the child born through the use of donor eggs. An agreement between the two parties involved is the best tool to clarify the intentions of all parties.

As gays it is wise to take further legal steps to make sure that you and your partner are the legal parents of the child and not the egg donor.

Surrogacy is legal in Canada. However, it is illegal according to the law to pay a surrogate mother for her services though allowed by the same to reimburse her for the incurred expenses during the surrogacy period.

In Canada Human Reproduction Act governs surrogacy. It is wise to have a fertility lawyer to help you make the best decision pertaining surrogacy. Once a baby is given birth via surrogacy, more legal steps must be taken to ascertain that you are the legal parents of the child and not the surrogate mother or their partners.

Canada as seen above is a country where one can freely practice both surrogacy and egg donation. Gays should take full advantage of having children through these legal processes. They are the best and most effective as seen above.


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