This enactment amends the Assisted Human Reproduction Act to decriminalize payment for sperm or ovum donation and for surrogacy. It specifies that, subject to section 9, a sperm or ovum donor must be at least 18 years of age, must have the capacity to consent to the donation and must not be coerced into donating. It also specifies that a surrogate mother must be at least 21 years of age, must have the capacity to consent to becoming a surrogate mother and must not be coerced into becoming a surrogate mother.

The enactment also amends the Act to allow for the purchase of other human reproductive material.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Surrogate mother — requirements

6 No person shall counsel or induce a female person to become a surrogate mother, or perform any medical procedure to assist a female person to become a surrogate mother, knowing or having reason to believe that the female person is under 21 years of age, Insertion start is incapable of consenting to becoming a surrogate mother or is being coerced by a third party to become a surrogate mother Insertion end .

Sperm or ovum donation — requirements

7 (1) Subject to section 9, no person shall counsel or induce a person to donate their sperm or ova, or perform any medical procedure to assist a person to donate their sperm or ova, knowing or having reason to believe that the person is under 18 years of age, is incap­able of consenting to the donation or is being coerced by a third party to donate.

(2) Subsection 7(3) of the Act is repealed.

Reimbursement of expenditures

12 (1) No person shall, except in accordance with the regulations, reimburse any person for an expenditure incurred in the maintenance or transport of an in vitro embryo.

(2) Subsection 12(3) of the Act is repealed.