Why Can’t Canada Have Egg-Sharing Programs Like Cofertility? Why the AHRA Prevents Innovation and Access to Fertility Treatment
Imagine this: You’re a woman in your 20s or 30s, eager to freeze your eggs for the future.
The Catch?
The process costs thousands of dollars. But you found a program (Cofertility) that will cover the expenses if you donate half your eggs to another family.
Problem solved right?
You get free egg freezing; another person gets the chance to build their family. Everyone wins.
But not here in Canada.
Cofertility: Sharing Is Caring
– A young, healthy donor freezes her eggs. – She keeps half for herself. -The other half goes to the intended parents, who cover the costs.
Why this makes sense:
– More donors might participate if they benefit too.
– It reduces financial barriers to egg freezing.
The Egg Donor Shortage in Canada: A Problem of Incentives
How does egg donation work in Canada? Here, it is a strictly altruistic act. Under the AHRA, donors can only be reimbursed for reasonable expenses, such as medical costs or travel. They cannot be paid or receive benefits such as free IVF or egg freezing in exchange for their donation.
The result? A critical shortage of egg donors. Most Canadian intended parents rely on imported donor eggs from the U.S., where compensation is legal. According to industry estimates, 90-95% of donor gametes used in Canada are sourced from abroad, primarily because American donors are compensated, while Canadian donors are not.
Could Egg-Sharing Happen in Canada?
Under current Canadian fertility law, even non-cash benefits, such as free egg freezing in exchange for donation, may be interpreted as prohibited compensation under Section 7 of the AHRA, as it could constitute valuable consideration.
A program where donors retain half of their eggs could be viewed as an indirect payment, potentially violating the AHRA. Penalties include fines up to $500,000 or imprisonment up to ten years. So no, it can’t happen- not yet.
Experts Agree: We Are In A Crisis
In 2018, the Canadian Fertility and Andrology Society (CFAS) issued a position statement: Canada’s ban on compensation isn’t working. Criminalization has never happened in practice, and attitudes have shifted. Even in 2018 they said that “Canadians support the fundamental premise that building a family should not carry a criminal penalty. Beyond the criminal element, the ban is directly harming Canadians since:
-The donor shortage disproportionately harms LGBTQ+ families, cancer survivors, and those with genetic conditions.
– The AHRA has failed to protect women or families, instead pushing Canadians into unregulated “grey markets” or expensive cross-border options.
Decriminalization is broadly supported by patients, donors, surrogates, and fertility professionals. Yet seven years have passed since that statement was made, and there have been no legislative changes to the AHRA.
The donor shortage has worsened, and advocacy for reform has grown.
As this article published in The Walrus “Faced with Sky-High IVF Costs, Couples Look Abroad to Start Families“, Dr Gary Nakhuda, a reproductive endocrinologist and co-founder of the Olive Fertility Centre in Vancouver, said:
“Hypocritically, while we can’t pay donors in Canada, patients can still purchase gametes, through egg and sperm banks, from donors who were paid in other countries.”
What’s the Solution?
For Canadians struggling with infertility who need donor eggs, the current options are limited: endure long waitlists for altruistic donors in Canada, navigate the unregulated grey market, or pay premium prices for imported donor eggs from sperm banks and egg banks where compensation is legal, like the US.
While altruistic donation through programs like Her Helping Habit is commendable, Canada needs more donor eggs. Creating an ethical framework that respects bodily autonomy while recognizing the value of reproductive contribution requires nuanced thinking.
As a Canadian Fertility Lawyer, I support legislative reform to amend the AHRA to permit regulated compensation. I see how Cofertility’s model could thrive in the U.S., where compensation is legal, and that it could succeed here, especially since Canadians love to help one another. Good intentions in the AHRA have backfired in Canada, leaving families with fewer options and higher costs. The multiple calls for reform should motivate us all to advocate for change.
As more Canadians delay childbearing and require fertility assistance, the need for AHRA reform becomes more urgent. Whether you’re considering becoming an egg donor in Canada or seeking donor eggs to build your family, consulting with a fertility lawyer can help you understand your options within our current legal framework.
