Third-Party Reproduction in Canada: A Guide for Asian Intended Parents

Summary: Third-Party Reproduction in Canada

Canada is a country of choice for many Asian intended parents seeking third-party reproduction. This is because non-commercial egg donation, sperm donation, embryo donation, and surrogacy are all legal in Canada for citizens as well as non-citizens who wish to travel to Canada for treatment. In Canada, third-party reproduction is available for single and married people, as well as same-sex couples.

Another benefit is that the racial and ethnic diversity of Canada, the strength of donor medical screening processes, and the ability to learn about donor family medical history offer a higher chance that Asian intended parents will find a donor match that meets their needs. The 2021 census showed that there were approximately 7.0 million people of Asian descent living in Canada, representing over 19% of the total Canadian population. The largest ethnic origin groups include Chinese (1.7 million), Indian (approximately 1.3 million), Filipino (925,490), Vietnamese (275,530), and Japanese (almost 100,000) [1].

The major drawback to seeking treatment in Canada is the relatively small number of clinics – 35 fertility clinics from 8 provinces contributed data to the Canadian Assisted Reproductive Technologies Register (CARTR Plus) in 2023 – offering third-party reproduction using IVF. This has led to long wait times in some cases. According to the Canadian Assisted Reproductive Technologies Register (CARTR Plus) Annual Report, published by the Canadian Fertility and Andrology Society, in 2023 there were 3,294 embryo transfers using donor oocytes, and 1,237 embryo transfers using gestational carriers [2].

In Canada, egg and sperm donations, as well as surrogacy, cannot be commercialized; their donation must be altruistic. However, donors and surrogates can be reimbursed for specific out-of-pocket expenditures listed in the Reimbursement Related to Assisted Human Reproduction Regulations, including travel, dependent or pet care, counselling services, legal services, prescription drugs, maternity clothes (for surrogates), and certain dietary supplements; payment for time or services is prohibited [3]. Both anonymous donation and known donation are permitted. Many clinics have their own donation programs or work with egg or sperm banks or agencies. For greater availability of donor gametes, many intended parents and clinics work with U.S.-based egg banks and have the gametes sent to Canada for treatment.

There are differences in access to ART between provinces in Canada. For intended parents with Canadian provincial health insurance, be aware of the differences in coverage of IVF. Non-Canadian intended parents who wish to seek treatment in Canada will need to consider the time and process of applying for a visa to enter the country, if required.

Is Egg Donation Legal in Canada?

Yes, egg donation, sperm donation, embryo donation and surrogacy are all legal, though with certain conditions, in Canada. The main law governing IVF with donor gametes in Canada is the Assisted Human Reproduction Act (2004, last amended in 2020) [4]. The law prohibits paying, offering to pay, or advertising payment for sperm, eggs or embryos from donors or for the services of surrogate mothers (including payment to a third party for arranging for the services of a surrogate mother). However, this provision does not mean that gamete donation and surrogacy are banned. Rather, they must be altruistic (non-commercialized). Donors and surrogates can be reimbursed (rather than paid) for certain allowable expenses only.

Health Canada, the government ministry responsible for health, is tasked with overseeing assisted reproductive technologies in Canada. Health Canada has issued a Directive on Technical Requirements for Conducting the Suitability Assessment of Sperm and Ova Donors (originally published 26 June 2019, effective 4 February 2020, most recently revised 16 October 2025) with regulations for healthcare providers offering these treatments, which is legally binding [5]. The directive mandates medical screening of donors, including medical tests for communicable diseases, review of the donor's relevant medical records for risk factors for, and clinical evidence of, genetic and communicable disease agents and diseases. They have also issued a Guidance Document on Safety of Sperm and Ova Regulations [6], as well as Guidance on interim enforcement approach for directed donations of sperm and ova (published 12 March 2024) [7]. These guidance documents provide assistance on how healthcare providers can comply with the law.

The Government of Canada has also issued regulations on the use of cells, tissues, and organs for transplantation and assisted human reproduction, which provide guidance on safety and reporting adverse reactions.

The Canadian Fertility & Andrology Society (CFAS) is the main professional society in Canada for doctors practicing ART. As a professional society, CFAS does not make legally binding rules or guidance for its members. However, CFAS does recommend that clinics voluntarily report IVF outcomes to the Canadian Assisted Reproductive Technology Registry (CARTR Plus) according to its position paper. This is a benefit to patients, because it allows them to compare clinics based on standardized indicators with common definitions.

CFAS offers recognition and certification programs for clinics and laboratories, including:

• CFAS Compliance Seal Program, which can be displayed on the website of member clinics that report data on success rates as recommended by CFAS;

• Certifications for individuals as ART Laboratory Professionals or Laboratory Directors, based on continuing education completion and a certification exam.

Availability of Donor Eggs, Sperm, and Embryos in Canada

Donor eggs, donor sperm, and donated embryos are available in Canada. Asian intended parents will have multiple ways of finding a match for their needs.

In Canada, most clinics do not have their own in-house donation programs. Clinics may instead refer intended parents to independent egg and sperm banks operating in Canada and the USA. These gamete banks oversee and manage the process of gamete collection at affiliated medical clinics, offering either fresh donation cycles or frozen gametes. Some specialize in donors with Asian ethnicities. Intended parents will need to find their donor directly through the donor bank, and then coordinate with their IVF clinic to have the eggs shipped to them or to arrange a fresh cycle. Many Asian intended parents may consider using egg banks based in the USA, which ship to Canada, to have a greater number of donors to choose from.

There are also donor agencies, which add value by helping intended parents with specific criteria find a suitable match. Many Asian intended parents may turn to agencies, based either in the US or Canada. It is important to note that these agencies are not certified and do not offer medical services. Most of the donor information provided to intended parents is self-reported, and must be verified at the clinic of the intended parents. This may mean a longer, more costly process. Intended parents also run the risk that their preferred donor will not be accepted by their clinic after medical testing. In addition, these agencies charge a premium for their services, which is additional to donor compensation and all medical costs. Still, for Asian intended parents, the extra time and expense may be worthwhile to find a suitable match.

Health Canada has issued a Directive on Technical Requirements for Conducting the Suitability Assessment of Sperm and Ova Donors (most recently revised 16 October 2025) with regulations for healthcare providers offering these treatments, which is legally binding [5]. The directive mandates medical screening of donors, including medical tests for communicable diseases, review of the donor's relevant medical records for risk factors for, and clinical evidence of, genetic and communicable disease agents and diseases. They have also issued a Guidance Document on Safety of Sperm and Ova Regulations [6], as well as Guidance on interim enforcement approach for directed donations of sperm and ova (published 12 March 2024) [7]. These guidance documents provide assistance on how healthcare providers can comply with the law.

Egg Donor Reimbursement in Canada

Commercial donor compensation is not allowed for egg or sperm donors or surrogates in Canada. Instead, egg donors may be reimbursed for specific out-of-pocket expenses, including travel (transportation, parking, meals, accommodation), care of dependants or pets, counselling services, legal services, prescription and over-the-counter medications, and (for surrogates) maternity clothes, groceries, and lost work-related income, as set out in the Reimbursement Related to Assisted Human Reproduction Regulations; receipts are required and payment for time, discomfort, or services is not permitted under the Assisted Human Reproduction Act [3].

Anonymous, Open, and Known Donation in Canada

Anonymous, open and known donation are all currently possible in Canada. The Assisted Human Reproduction Act (2004) originally contemplated provisions related to the collection and disclosure of donor health-reporting information; however, in Reference re Assisted Human Reproduction Act, 2010 SCC 61, the Supreme Court of Canada held in a divided 4-4-1 decision that several regulatory provisions of the Act (including sections 14 to 18, which dealt with personal health information and the donor registry) exceeded Parliament's criminal-law authority and were ultra vires the federal government, encroaching on provincial jurisdiction over health and medical practice [8].

In 2011, the Supreme Court of British Columbia ruled in Pratten v. British Columbia (Attorney General), 2011 BCSC 656, that the absence of provisions allowing donor-conceived people to access information about their donor was unconstitutional, and issued a permanent injunction against the destruction of donor records [9]. However, that decision was overturned by the British Columbia Court of Appeal in 2012 (Pratten v. British Columbia (Attorney General), 2012 BCCA 480), and the Supreme Court of Canada declined to hear a further appeal on 30 May 2013 [10]. As a result, no Canadian province presently has a statutory prohibition on anonymous gamete or embryo donation, although in practice, the use of identity-release (open-identity) donors is increasingly common, particularly because most U.S. donor banks supplying the Canadian market have moved toward identity-release models in light of the widespread use of consumer DNA testing.

As in all countries, legal advice is important in the process. It is important to find a lawyer who specializes in fertility and third-party reproduction.

Surrogacy in Canada

Non-commercial surrogacy is legal in Canada under the Assisted Human Reproduction Act, which sets a minimum age of 21 for surrogates and prohibits payment to a surrogate beyond reimbursement of allowable expenses [3], [4]. Surrogacy is permitted for single people, same-sex couples, and unmarried couples. For intended parents considering surrogacy, legal advice is essential at the start of the process, because parentage rules and the process for establishing the intended parents on the birth registration vary by province.

Can LGBTQIA+ Couples Pursue Egg Donation, Sperm Donation, or Surrogacy in Canada?

Yes. LGBTQIA+ intended parents—whether single, married, or partnered but not married—have the same rights to seek IVF with third-party reproduction as other couples in Canada. Same-sex marriage has been legal across Canada since the federal Civil Marriage Act came into force on 20 July 2005 [11].

Intended parents may wish to do additional research to choose a clinic with a track record of providing excellent care to LGBTQIA+ patients. Sometimes, referrals or a simple online search will help identify these clinics. Many clinics will have an LGBTQIA+ section or a rainbow flag prominently featured on their website, with specific resources for these patients.

Can Single Men and Women Pursue Egg Donation, Sperm Donation, or Surrogacy in Canada?

Yes, single men and women have the same rights to undergo fertility treatments using third-party reproduction as married individuals in Canada. Single women have the right to freeze their eggs in Canada.

How to Choose an IVF Clinic in Canada

The Canadian Fertility & Andrology Society recommends that clinics voluntarily report IVF outcomes to the Canadian Assisted Reproductive Technology Registry (CARTR Plus) according to its position paper [2]. This is a benefit to patients, because it allows them to compare clinics based on standardized indicators with common definitions. Find more advice on our “Choosing a Clinic” page.

Average Costs of IVF with Donor Eggs and Sperm in Canada

Costs associated with reimbursement for donor gametes or procurement abroad:

•      Sperm: Approximately CAD 1,500–2,000 per vial

•      Donor eggs: CAD 30,000–60,000, depending on whether a fresh cycle is used or eggs are obtained through a US-based egg bank

The costs of IVF vary based on the clinic used and the location and may range from:

•      Initial investigation (semen analysis, ultrasound, blood tests): CAD 1,000–2,000

•      Egg retrieval (including medication), IVF or ICSI, 5–6 day culture, PGT-A and egg freezing: CAD 10,000–30,000

•      Frozen embryo transfer: CAD 4,000–5,000

For Canadian residents with health insurance, the IVF cost in Canada may be partly covered in many parts of the country. For example, in Ontario, the provincial government funds one IVF cycle for eligible patients with a valid OHIP card who are under 43 years of age at the time of treatment, through the Ontario Fertility Program (OFP); medications and additional cycles are not covered, although effective 1 January 2025 Ontario introduced a refundable Fertility Treatment Tax Credit worth 25% of eligible expenses up to CAD 5,000 per year [12].

Quebec, through the Régie de l'assurance maladie du Québec (RAMQ), funds one IVF cycle (including medications) for eligible patients aged 18 to 40 (treatment must be completed by age 42), and also covers up to six cycles of intrauterine insemination [13]. British Columbia launched a publicly funded IVF program on 2 July 2025 that provides up to CAD 19,000 (income-tested) toward one standard IVF cycle for residents enrolled in the Medical Services Plan who are 41 years of age or younger at the time of application [14]. In other provinces, the age limit and entitlements may vary. Check with your provincial health ministry to find out which costs are covered at the time that you seek care.

Counseling for Intended Parents in Canada

Counseling is likely to be required for all intended parents seeking third party reproduction in Canada, as well as all donors and surrogates. The quality and availability of mental health professionals is generally high in Canada. Typically, clinics will have their own counselors either in-house, or will refer intended parents to an independent counselor who will provide a report so that the clinic can approve them to move forward with third party reproduction.

Intended parents may also wish to seek counseling from someone independent from their clinic, either because of a need for appointments more than what is provided by the clinic, or because of specific ethnic or language needs or preferences. If you are looking for a counselor yourself, it can be helpful to seek mental health professionals who are members of the Canadian Fertility & Andrology Society. That is because it is critically important that intended parents using third party reproduction seek non-judgmental mental health care. Professionals who are not familiar with third party reproduction may have their own biases and questions and may not be able to provide suitable care to intended parents. As with all fields, it is also important that your counselor has a relevant degree, professional qualification, and membership in professional societies. For example, seek a counsellor who is a Registered Clinical Counsellor in your province, and a Canadian Certified Counsellor with the Canadian Counselling and Psychotherapy Association [15].