Assisted Human Reproduction Act

Marginal note:Purpose

• 10 (1) The purpose of this section is to reduce the risks to human health and safety arising from the use of sperm or ova for the purpose of assisted human reproduction, including the risk of the transmission of disease.

• Marginal note:Distribution, etc. of gametes

  (2) Subject to subsection (3), no person shall distribute, make use of or import any of the following for the purpose of assisted human reproduction:

  • (a) sperm that has been obtained from a donor and that is meant for the use of a female person other than a spouse, common-law partner or sexual partner of the donor;

  • (b) an ovum that has been obtained from a donor and that is meant for the use of a female person other than the donor or the spouse, common-law partner or sexual partner of the donor; or

  • (c) an ovum that has been obtained from a donor and that is meant for the donor’s use as a surrogate mother.

• Marginal note:Exception

  (3) Subsection (2) does not apply if

  • (a) tests have been conducted in respect of the sperm or ovum in accordance with the regulations, and the sperm or ovum has been obtained, prepared, preserved, quarantined, identified, labelled and stored and its quality assessed in accordance with the regulations; and

  • (b) the donor of the sperm or ovum has been screened and tested, and the donor’s suitability has been assessed, in accordance with the regulations.

• Marginal note:Testing, etc. in respect of gametes

  (4) No person shall, except in accordance with the regulations, engage in any activity described in paragraph (3)(a) or (b) in respect of any of the following with the intention of distributing or making use of it for the purpose of assisted human reproduction:

  • (a) sperm described in paragraph (2)(a);

  • (b) an ovum described in paragraph (2)(b); or

  • (c) an ovum described in paragraph (2)(c).

• Definition of common-law partner

  (5) In this section, common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited for a period of at least one year.