Reimbursing a sperm or ova (egg) donor or a surrogate for expenditures related to donation or surrogacy

In Canada, it is illegal to purchase sperm or eggs from a donor (or person acting on behalf of a donor) or pay a female person to be a surrogate. However, donors and surrogates may be reimbursed for out-of-pocket expenditures incurred because of their donation or surrogacy that are provided for in the regulations.

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Reimbursable expenditures

Reimbursements are allowed for expenditures directly related to the:

Examples of reimbursable expenditures that are provided in the regulations include, among others:

Reimbursement of a surrogate mother for loss of work-related income

In order to help ensure the safety of the surrogate mother and the child, a surrogate mother may be reimbursed for the loss of work-related income incurred during the pregnancy, provided:

A surrogate mother may need to reduce or stop their employment. Once the above criteria have been met, surrogate mothers may be reimbursed for the loss of work-related income:

A detailed list of reimbursable expenditures as well as Health Canada guidance on reimbursements is available in the Guidance document: Reimbursement related to Assisted Human Reproduction Regulations.

Requirements for making reimbursements

The persons making reimbursements must obtain the following information before reimbursing a donor or surrogate:

Sample declaration forms are available in the Guidance document: Reimbursement related to Assisted Human Reproduction Regulations.

The person making reimbursements must maintain records of all documents for each reimbursement for six years, including

Health Canada may require a person to submit these records at any time.

Compliance monitoring

Health Canada carries out compliance monitoring activities to:

You can find more information on compliance monitoring in Health Canada's Compliance Approach.

Health Canada will verify complaints and take appropriate compliance and enforcement action, which may include:

Any actions taken will be in accordance with the Compliance and Enforcement Policy. If you have questions about compliance and enforcement of the AHR Act or its associated regulations, contact the Biological Product Compliance Program at hc.bpcp-pcpb.sc@canada.ca.

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