Paying for sperm should not be illegal
Most Canadians experience great joy when they start a family, but for many others, it is a time of fear. For infertile heterosexual couples, same-sex couples and singles who need a sperm donor, the fear of criminal sanctions becomes an undue infringement to their right to parent. Indeed, while Canadians’ views on parenthood and non-traditional families have evolved considerably in the last two decades, the obstacles imposed by current regulations continue to thwart and in some cases, crush the dreams of many who wish to have a family.
An eye-opening investigation by Star journalist Theresa Boyle exposed the alarming consequences of our current system. Boyle revealed that a Canadian woman conceived a child using sperm from an unscrupulous donor to a U.S. sperm bank. He hid a history of schizophrenia, a criminal background and fabricated a slew of lofty academic achievements. Worryingly, he has fathered at least 36 children.
This fraud could have been avoided if the woman had used a Canadian clinic or agency, as we have strict regulations that ensure the health and safety of donors and recipients. It also costs far less to do it in Canada. So why then, did she go to an American sperm bank? Why are so many Canadians going south of the border to purchase gametes at far greater cost?
Because while our government has imposed regulations for health and safety, it has also imposed penal consequences on those who pay for gametes. The result of the Assisted Human Reproduction Act is that while two decades ago there were more than 40 sperm banks in Canada, there are now only three.
How did this happen? The act prohibits payment to all donors, so naturally few people are willing to donate. Accordingly, most sperm used in Canada is now imported from the U.S., where donors are paid by the clinics in ways that are currently illegal in Canada. Ironically, the evil the act means to keep at bay — commercial donation — is spreading rapidly as we force desperate Canadians to purchase donor gametes from American banks and agencies. Hypocritical, is it not?
We require serious commitments from sperm donors. In the real world, when serious commitments are requested, payment is typically a pre-requisite. Indeed, we currently pay more for American sperm than we would to Canadian donors, leading to a distorted market in which we are paying a premium for sperm that is not required.
Potential parents should not have to go abroad to conceive families in Canada, yet a lack of domestic options leaves them with few options.
Having domestic sperm would allow us to not only apply our existing regulations but would ensure that whatever other health and safety practices we wanted to put in place could be applied.
Some argue it is Canadian health and safety regulations that limit domestic donors, as opposed to the inability to pay. However, despite similar health and safety regulations in some states, our American friends do not have to wait for sperm donors. There is an abundance of them.
Why? Because it is not illegal in many states to compensate a donor, which incentivizes men to donate sperm. In our view, it is highly likely that the right to pay would lead to a higher number of Canadian sperm donors regardless of the health and safety regulations in place.
It has been argued that only altruistic donors should be permitted because some people conceived using donor sperm are uncomfortable with the fact that products of the market could have played a role in their conception.
We doubt that very many people conceived using sperm donation care if their donor was paid or not. It is far more likely they would care that the donor provided accurate information about his lifestyle, medical history, and general health.
For decades we have agreed that the state has no business in the bedrooms of the nation. The people seeking gamete donation also deserve the same respect for their privacy. If we believe that having children is a laudable goal, we must repeal the sections of the Assisted Human Reproduction Act that sanction totally legitimate conduct.