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A Quebec case shows the need for more regulation on sperm donation in Canada
It’s important that every Canadian province establish registries to help curtail hundreds of sperm donations from a single man. (Pexels photo)
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A documentary series made in Quebec caught the attention of Canadians last spring after it revealed that three men from the same family – two of whom carry a genetic illness – fathered at least 600 children through an unregulated market for sperm. According to journalists Marie-Christine Bergeron and Maxime Landry, hundreds of women in the province, hoping to fulfil their dreams of having a child, turned to online forums to find donors rather than go to a sperm bank.
The risks generally for women who make this choice include exposure to sexually transmitted infections (STIs) from sperm that may not have been properly tested or using a donor who provides false personal information, including lies about medical or criminal history.
In the Quebec case, the women’s children face the possibility of heritable genetic disorders and not having access to necessary medical information. There is also a heightened possibility of blood relatives unknowingly having an incestuous relationship, since hundreds have the same ancestor and are likely to live in the same region and be around the same age.
Reasons why prospective parents go online instead of using a sperm bank vary, but cost and transparency are often among them. It’s usually cheaper than the established, regulated market and there’s the possibility of meeting the donor found online and negotiating his level of involvement.
Quebec’s public health director, Dr. Luc Boileau, said the documentary shocked him. He framed the situation as utterly unprecedented and added that Quebec would act to ensure it would not happen again.
A Quebec challenge leaves a regulatory void
Academics who specialize in assisted reproductive technologies have suggested there should be a national sperm donor registry. Alana Cattapan and Vanessa Gruben have noted that Canada began crafting one after the passage of the Assisted Human Reproduction Act in 2004. The plan fell through when Quebec successfully challenged the legislation in 2010 before the Supreme Court. The province argued that the law was unconstitutional because the federal government had overstepped its authority in several sections. The registry was dismantled in 2013.
Responsibility was left to the provinces, but they have not acted and have neglected the need for a donor registry. However, Boileau has now said Quebec is seeking a “regulatory response” to limit the number of donations from one person.
Cattapan and Gruben argue that provinces should co-ordinate their registries to create a national database and put limits on sperm donors by restricting the number of families allowed to use the same one.
Even established fertility services have been under-regulated in Canada. In 1989, the Royal Commission on New Reproductive Technologies found that clinical guidelines for sperm donation were inconsistently followed and critical information on donors was often not collected or maintained.
In 1995, the physician who led the commission, Dr. Patricia Baird, said there was “no assurance of limits on numbers of offspring from one particular donor in a community.” She added that this could result in half-siblings unknowingly forming relationships with one another.
Now, 35 years after the commission’s formation and 20 years after the reproduction act was passed, few things have changed for donor-conceived people. This despite their vocal complaints about how a regulatory void has affected them and their families. Concerns and frustration with sperm donor anonymity, improper donor screening and a lack of family limits have been significant issues for years. The developments in Quebec may be jarring to many, but they are not new.
It’s important that every Canadian province establish registries to help curtail hundreds of sperm donations from a single man. An extensive list would also help children born with the aid of a donor locate their genetic relatives and track how many times that donor had been used.
Going beyond a simple registry
But we could go even further. Legislation passed in Colorado in 2022 could help.
The Colorado law is the first of its kind enacted in North America. It prohibits anonymity for sperm and egg donors and raises the minimum age to donate to 21. It also provides individuals, once they are 18, with their genetic parent’s identifying information and creates donor family limits. It mandates that fertility clinics, agencies and banks collect medical information and maintain contact with donors for regular medical updates.
The legislation further requires that potential donors and prospective parents be provided with educational materials explaining the possible effects on a child. These materials must highlight that openness about a child’s origin leads to improved feelings about being donor-conceived and better family dynamics.
These requirements are to take full effect in 2025 and will not apply retroactively.
Some fertility experts in the state have voiced concern that it won’t make much difference because the legislation will be difficult to enforce. While it’s too soon to know if that’s true or what its ultimate effect might be, the new law could still provide a blueprint that Canada could learn from and fine-tune.However, there has been reluctance in Canada to impose stricter regulations due to concerns about increased costs for those providing professional fertility services.
But if Canada aims to truly protect individuals conceived with donated sperm or eggs, adopting measures similar to Colorado’s could be a way forward. Above all, truth and transparency should be the cornerstones of any public policy addressing reproduction. For donor-conceived individuals, anything less is a disservice.
This article first appeared on Policy Options and is republished here under a Creative Commons license.
