The legal framework
The Assisted Human Reproduction Act 2004 is federal and criminal in character. It prohibits paying a donor for sperm or eggs, paying a surrogate, and paying an intermediary to arrange a surrogacy; the 2019 reimbursement regulations set out which expenses may be repaid. Health Canada regulates the safety of donor semen and ova. Everything else — funding, clinic licensing, and parentage — is provincial, so the patient experience differs markedly across the country.
The Canadian model is ethically coherent and practically awkward. Payment is banned to prevent the commodification of the body, but Canadians overwhelmingly use gametes from donors paid in the United States or Denmark. The prohibition therefore protects Canadian donors without changing what Canadian patients actually use.
Provincial variation is the second structural feature. A patient in Ontario or Quebec has a funded cycle; elsewhere it may be a tax credit or nothing at all. Moving province resets your position in a funding programme.
Canada is one of the few countries where surrogacy is lawful, altruistic and reasonably well understood, which makes it a destination for intended parents from countries that prohibit it. Waiting times for a surrogate are long precisely because she cannot be paid.
Same-sex couples: access is open. Surrogacy is lawful but must be altruistic under the Assisted Human Reproduction Act: paying a surrogate beyond reimbursed expenses is a criminal offence.
Key points
| Federal statute | Assisted Human Reproduction Act 2004; reimbursement regulations 2019 |
|---|---|
| Payment | Prohibited for gametes and surrogacy; expenses reimbursable only |
| Regulator | Health Canada for donor safety; provinces for clinics and funding |
| Funding | Provincial: Ontario and Quebec fund a cycle, other provinces offer credits or nothing |
| Donor material | Largely imported, chiefly from the United States and Denmark |
| Access | Open to couples of any sex and to single people |
In practice
- Get a referral to a fertility clinic and check your province's funding programme.
- Complete the work-up as a couple or as an individual, depending on your situation.
- For donor gametes, expect to choose from imported banks and to pay shipping and storage rather than a donor fee.
- Agree the treatment plan and itemised costs, since medication is rarely included in quoted prices.
- For surrogacy, instruct a lawyer: reimbursement rules are criminal law, not guidance.
Cost and coverage
A cycle costs CAD 10,000 to 15,000 plus CAD 4,000 to 7,000 of medication where it is not funded. Ontario's programme funds one cycle per patient; Quebec restored funding for one complete cycle in November 2021. A federal medical expense tax credit applies, and some provinces add their own.
Recent changes
Scarcity of donor sperm and eggs is the structural consequence of the payment ban, and it has grown as demand from single women and female couples has risen; importing from paid donors abroad is lawful, which many find inconsistent.
Where to go
- Provincial fertility programmes, notably in Ontario and Quebec
- Health Canada, for the regulation of donor semen and ova
- Fertility clinics in Toronto, Montreal, Vancouver, Calgary and Ottawa
- Canadian Fertility and Andrology Society, for professional standards
- Fertility Matters Canada, for patient support
Worth knowing
Reimbursing a donor or surrogate beyond the permitted expenses is a criminal offence, not a technicality: keep receipts and follow the regulations exactly.
Frequently asked questions
Can I pay an egg donor or a surrogate in Canada?
No. Payment is a criminal offence under the Assisted Human Reproduction Act; only expenses set out in the 2019 regulations may be reimbursed.
Is IVF funded?
It depends on the province. Ontario and Quebec fund a cycle; others offer tax credits or no support.
Why is donor sperm imported?
Because Canadian donors cannot be paid, domestic supply is very small, and clinics import from regulated banks abroad.
What does a cycle cost?
CAD 10,000 to 15,000 plus CAD 4,000 to 7,000 in medication where it is not funded.
Is surrogacy lawful?
Yes, on an altruistic basis. Paying a surrogate or a matching intermediary is prohibited.
Official sources and links
- Canada.ca — official government portal
- Justice Laws Website — federal statutes and regulations