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National Health Law Section

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Pulse (February 2008)
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The Section is currently looking for articles for its next newsletter. If you would like to contribute to the next edition, please contact CBA Newsletters.



Assisted Human Reproduction Regulations

The CBA recently responded to proposed regulations under the Assisted Human Reproduction Act (AHRA) dealing with the reimbursement of expenses. The AHRA prohibits prospective parents from paying surrogates for the service they provide, but does allow parents to reimburse for the surrogate's reasonable expenses during the pregnancy.

The principles of the AHRA give priority to the health and well-being of children born through assisted reproductive technologies and emphasize that human reproductive capacities should not be exploited for commercial ends. The Act also sets out that persons who undergo assisted reproduction procedures must not be discriminated against on the basis of orientation or marital status.

The CBA says that proposed regulations under the Assisted Human Reproduction Act will impact those people more likely to access technologies, namely those who are single, gay or lesbian. The CBA argues that regulations under the AHRA should be broad enough to not further detrimentally impact the availability of surrogates or gamete donors. This will help to ensure that the benefits of assisted reproduction procedures are available to all Canadians who seek reproductive assistance.

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