5,310
edits
Changes
no edit summary
==Assisted reproduction processes==
Assisted reproduction refers to the use of different kinds of strategies or technologies to help people conceive and carry a child to term when they can't or would rather not through natural reproduction. ("Natural reproduction," of course, is a fancy way of saying ''sex''.) Assisted reproduction may be necessary when a person wants to have a child on their own, when the people involved in a family relationship are of the same sex, when the people in an opposite-sex relationship can't have a child on their own for some reason, or when if there are more than two people who want to be the parents of a woman is unable to carry child, which might be the case in a pregnancy to termpolyamorous relationship. Problems involving sterility and infertility may be addressed through the use of sperm or eggs donated by a third-partysomeone else, while problems involving carrying a pregnancy to term may be addressed by having another woman carry the pregnancyas a surrogate mother.
Sometimes "assisted reproduction" refers to medications or medical procedures intended to help a woman ovulate and release an egg that can be fertilized by a man's sperm. Most of the time assisted reproduction refers to fertilization of eggs outside the body in a laboratory setting, called "in vitro fertilization." In cases like this, eggs are removed from a woman's ovaries and fertilized with a man's sperm in a petri dish. If the fertilization is successful, the fertilized egg — called a ''zygote'' — is surgically implanted in a woman's uterus, where and it is expected that the zygote will develop into a fetus and , be carried to term, and be delivered.
There are also cases where people attempt to fertilize an egg at home, outside a laboratory, using a device something like a poultry baster to introduce the sperm directly into a woman's vagina, and from there into her uterus and into her fallopian tubes where fertilization occurs.
Laboratory processes can be extremely expensive and time-consuming, taking tens of thousands of dollars and many months to fertilize and implant a zygote and bear it the fetus to term. Home-based processes, while perhaps less likely to result in a viable pregnancy, at least have the benefit of being cheap and possibly more fun.
==Assisted The legislation about assisted reproduction agreements==
===The ''Assisted Human Reproduction Act''=== The highlights of the ''Assisted Human Reproduction Act'', for people wanting to have a child by assisted reproduction, are these. Under section 6, women cannot be paid for acting as a surrogate mother, and it is illegal to be paid to connect people who need a surrogate mother with women willing to be a surrogate mother. Under section 7, it is illegal to sell sperm, eggs and embryos. However, section 12 says that people who donate sperm or eggs and women who are surrogate mothers can be reimbursed for their expenses. Section 2 of the [https://canlii.ca/t/9858 regulation] that talks about reimbursement says this about people who are donating sperm or eggs: <blockquote><tt>The following expenditures incurred by a donor in the course of donating sperm or ova may be reimbursed under subsection 12(1) of the Act:</tt></blockquote><blockquote><blockquote><tt>(a) travel expenditures, including expenditures for transportation, parking, meals and accommodation;</tt></blockquote></blockquote><blockquote><blockquote><tt>(b) expenditures for the care of dependants or pets;</tt></blockquote></blockquote><blockquote><blockquote><tt>(c) expenditures for counselling services;</tt></blockquote></blockquote><blockquote><blockquote><tt>(d) expenditures for legal services and disbursements;</tt></blockquote></blockquote><blockquote><blockquote><tt>(e) expenditures for obtaining any drug or device as defined in section 2 of the Food and Drugs Act;</tt></blockquote></blockquote><blockquote><blockquote><tt>(f) expenditures for obtaining products or services that are provided or recommended in writing by a person authorized under the laws of a province to practise medicine in that province;</tt></blockquote></blockquote><blockquote><blockquote><tt>(g) expenditures for obtaining a written recommendation referred to in paragraph (f);</tt></blockquote></blockquote><blockquote><blockquote><tt>(h) expenditures for health, disability, travel or life insurance coverage; and</tt></blockquote></blockquote><blockquote><blockquote><tt>(i) expenditures for obtaining or confirming medical or other records.</tt></blockquote></blockquote> Section 9 of the regulation says this about surrogate mothers: <blockquote><tt>The following expenditures incurred by a surrogate mother in relation to her surrogacy may be reimbursed under subsection 12(1) of the Act:</tt></blockquote><blockquote><blockquote><tt>(a) travel expenditures, including expenditures for transportation, parking, meals and accommodation;</tt></blockquote></blockquote><blockquote><blockquote><tt>(b) expenditures for the care of dependants or pets;</tt></blockquote></blockquote><blockquote><blockquote><tt>(c) expenditures for counselling services;</tt></blockquote></blockquote><blockquote><blockquote><tt>(d) expenditures for legal services and disbursements;</tt></blockquote></blockquote><blockquote><blockquote><tt>(e) expenditures for obtaining any drug or device as defined in section 2 of the Food and Drugs Act;</tt></blockquote></blockquote><blockquote><blockquote><tt>(f) expenditures for obtaining products or services that are provided or recommended in writing by a person authorized under the laws of a province to assess, monitor and provide health care to a woman during her pregnancy, delivery or the postpartum period;</tt></blockquote></blockquote><blockquote><blockquote><tt>(g) expenditures for obtaining a written recommendation referred to in paragraph (f);</tt></blockquote></blockquote><blockquote><blockquote><tt>(h) expenditures for the services of a midwife or doula;</tt></blockquote></blockquote><blockquote><blockquote><tt>(i) expenditures for groceries, excluding non-food items;</tt></blockquote></blockquote><blockquote><blockquote><tt>(j) expenditures for maternity clothes;</tt></blockquote></blockquote><blockquote><blockquote><tt>(k) expenditures for telecommunications;</tt></blockquote></blockquote><blockquote><blockquote><tt>(l) expenditures for prenatal exercise classes;</tt></blockquote></blockquote><blockquote><blockquote><tt>(m) expenditures related to the delivery;</tt></blockquote></blockquote><blockquote><blockquote><tt>(n) expenditures for health, disability, travel or life insurance coverage; and</tt></blockquote></blockquote><blockquote><blockquote><tt>(o) expenditures for obtaining or confirming medical or other records.</tt></blockquote></blockquote> Sections 6, 7, 8, 9 and 11 of the regulation describe the conditions that have to be met before the expenses of someone donating sperm or eggs or a surrogate mother can be reimbursed. Under section 8 of the legislation, someone who donates sperm or eggs must consent, in writing, to the use of their sperm or eggs to make an embryo. The [https://canlii.ca/t/7z6h regulation] that says how consent under section 8 is to be given, describes the information a donor has to be given about the intended use of their sperm or eggs, and the things that have to be in the written consent. The regulation also says that a donor who wants to withdraw their consent has to give notice of the withdrawal of their consent in writing. The ''Assisted Human Reproduction Act'' and its regulations are highly technical and can be difficult to get through. If you are planning on having a child by assisted reproduction, it's important to speak to a lawyer who specializes in assisted reproduction. They'll be able to tell you what you can and can't do, and what the rules are. ===The ''Family Law Act''=== Section 26(1) of the ''[[Family Law Act]]'' says that the "parents" of a child are usually the child's birth mother and biological father. However, sections 24, 27, 29 and 30 have different rules when a child is conceived using artificial reproduction, and other rules which allow people to make an agreement that specifies who the parents of a child will be when the child is conceived using artificial reproduction. ====Donors====
Under section 24 of the ''Family Law Act'', the donor of eggs or sperm is ''not'' the parent of a child conceived by artificial reproduction merely because of the donation, and may not be declared to be a parent of a child. This section is very important. It means that a person can donate eggs or sperm without worrying that they will be a legal parent of any resulting child, and potentially be liable to support that child at some point in the future.
A donor ''can'' be a parent, on the other hand, if the intended parents and the donor sign a written assisted reproduction agreement before the child is conceived that says that the donor will be a parent. Donors who are parents under an assisted reproduction agreement are parents for all purposes under the ''Family Law Act''; they are presumed to be the guardians of a child and may be required to support their child.
====Surrogate mothers====
A surrogate mother qualifies as a birth mother, and as such surrogate mothers are presumed to be the parents of their children under sections 26 and 27 of the ''Family Law Act''. However, a surrogate mother will ''not'' be a parent if the intended parents and the surrogate mother sign a written assisted reproduction agreement before the child is conceived that says that the surrogate mother will not be a parent.
Without an assisted reproduction agreement, the child's parents will be presumed to be the surrogate mother and the , and the surrogate mother will be a parent for all purposes under the ''Family Law Act'', including the parts of the act that talk about child support.
====Spouses of surrogate mothers====
A person who is the spouse of a surrogate mother ''can'' be a parent of the surrogate mother's child sign a written assisted reproduction agreement before the child is conceived that says the spouse of the surrogate mother will be a parent.
===Assisted reproduction after death===
When people try to have a child through in vitro fertilization, the laboratory will commonly store a lot more sperm, eggs and sometimes zygotes than are needed right away. This is especially common where multiple attempts may be needed to have a successful pregnancy. Whether it is expected or not, sometimes a donor of eggs or or someone who intends on having a child dies before the child is conceived.