Fertility specialists say surrogates should get ‘reasonable compensation,’

Egg donors and surrogates should get “reasonable compensation,” according to a national group that represents fertility specialists and scientists.

“Allowing reasonable compensation helps prevent abuses, ensures fairness and transparency, and improves access to care for those seeking third-party reproduction,” says a position paper from the Canadian Fertility & Andrology Society.

Under the 2004 Assisted Human Reproduction Act, the purchase of eggs and sperms from donors or anyone acting on their behalf is illegal, as is the purchase of embryos, or paying a fee to a surrogate. However, donors and surrogates are permitted to seek reimbursement of expenses related to the donation or surrogacy, as long as they provide receipts.

But it’s unclear exactly what expenses are permitted, says the CFAS. Under the act, punishment includes a maximum fine of $500,000 and imprisonment for as long as 10 years.

The restrictions and penalties in the act have severely limited the number of donors and surrogates available to Canadians in need, including infertile men and women, cancer survivors, those who carry genetic disorders, same-sex couples, and single men and women, says the CFAS.

Late last year, Health Canada announced plans to draft regulations for the section of the act that deals with the reimbursement of expenses for donors and surrogates.

Many Canadians are waiting indefinitely, or resorting to other means, such as cross-border reproductive tourism, says the CFAS. Others import donor eggs from countries where compensation is legal. For example, it’s legal for Canadians to import frozen eggs from a U.S. egg bank. It costs about $18,000 for between five and seven eggs, says fertility lawyer Sherry Levitan.

The paper does not outline what would be considered reasonable compensation.

Levitan, who is a member of the CFAS board, says the society is not advocating for a free market. It’s possible to regulate reasonable fees, which would encourage more women to be an egg donor or surrogate, she says.

“You would have more women stepping forward if they were compensated for their time and effort and medical risk. Canadians would have more choice and opportunity,” she says. “We believe it should be regulated instead of instituting a system of prohibition.”

Only one person has ever been charged under the Assisted Human Reproduction Act. In 2013, consultant Leia Picard and her company, Canadian Fertility Consultants, were fined $60,000 for offences that included illegally paying fees to women to donate eggs or act as surrogate mothers.