Egg Donation in Canada: Top 5 Legal Questions Answered by a Fertility Lawyer
Egg donation, also called ova donation, is a profoundly generous gift that makes family-building possible. For Intended Parents in Canada, it creates the chance to grow their family with viable eggs. For Egg Donors, it is an act of compassion and generosity with lifelong impact.
Alongside the emotional and medical journey, there are essential legal steps for egg donation in Canada that safeguard the Donor, the Intended Parents, and the future child. Without these safeguards, even the most trusting arrangement can become complicated.
At Plaid Fertility Law, we’ve reimagined how fertility law works in Canada. Our digital platform allows you to generate your egg donation agreement instantly, with full lawyer review built right in. No delays. No missed cycles. Just the clarity and confidence you deserve.
Here are the top five questions most often asked about egg donor law in Canada:
1. Do We Really Need an Egg Donation Agreement in Canada?
Yes, always. Even when trust between the Donor and Intended Parents is strong, a written egg donation agreement provides clarity and legal protection.
Confirming Intention to Parent
The agreement makes it clear that the Donor’s role ends once her eggs are retrieved. She does not intend to parent and has no legal responsibility for the child. This protects both the Donor and the Intended Parents from future disputes.
Recognizing Intended Parents’ Rights
The Intended Parents are recognized as the legal owners of the donated eggs and the legal parents of any resulting child. This certainty from the outset ensures their rights are fully respected under Canadian fertility law.
Confidentiality and Privacy Rules
Fertility journeys are deeply personal. An egg donation agreement allows both parties to decide what information is shared and what remains private. A confidentiality clause protects the Donor’s privacy, the child’s privacy, and the family’s future.
Because Canadian law acknowledges the importance of knowing one’s genetic origins, having these details in writing ensures everyone begins with the same understanding and avoids future uncertainty.
2. Who Can Be an Egg Donor in Canada?
Under Canadian fertility law, egg donors must be:
at least 18 years old;
capable of giving informed consent; and
medically cleared through fertility clinic screening to ensure they are healthy and suitable for donation.
Donors may be:
known (such as a friend or family member); or
anonymous through a clinic or donor agency.
The Canadian Fertility and Andrology Society (CFAS) also recommends that a donor should not donate more than six times in her lifetime, both for the donor’s medical well-being and to limit the number of genetically related offspring in the population.
3. Is Paying an Egg Donor Legal in Canada?
No. Paying or offering incentives to egg donors is illegal in Canada.
What the law does allow is reimbursement of actual, documented expenses related to the process, including:
travel costs to and from appointments
childcare expenses during procedures
legal fees associated with the donation
A properly reviewed agreement ensures reimbursements are handled correctly and prevents well-intentioned “informal” payments from creating legal risks for either the Intended Parents or the Donor.
4. Do Egg Donors Have Parental Rights in Canada?
With a properly drafted egg donation agreement, the Donor will not have parental rights. Once the eggs are retrieved and transferred, her role in the family-building process is complete.
Intended Parents are recognized as the owners of the eggs and, ultimately, the legal parents of the child.
In some provinces, this recognition happens automatically. In others, a parentage order may be required.
Canadian fertility law emphasizes that biology is only part of the story; intention carries equal weight. Clear agreements capture these intentions and protect everyone from future disputes.
5. Can a Child Learn About The Egg Donor Later in Life?
Canada does not yet have one unified law guaranteeing donor-conceived children the right to know their genetic donor. However, Health Canada regulations require clinics to preserve records for many years.
Because the provincial laws vary, many families use their egg donation agreement to set expectations around disclosure, confidentiality, and future contact. Together, Intended Parents and Donors can decide:
Whether updates will be provided
Whether there may be opportunities for future contact
Or whether confidentiality will be maintained
By making these decisions in advance, families protect relationships today while leaving space for the child’s evolving needs in the future.
Final Thoughts: Egg Donation Law in Canada Made Simple
Egg or ova donation is a life-changing process, but it must be supported by clear legal safeguards. A well-drafted egg donation agreement in Canada ensures rights are respected, fertility law is followed, and the future child’s best interests are always protected.
Following Canadian law and CFAS guidelines ensures the donation process is safe, ethical, and respectful for everyone involved.
At Plaid Fertility Law, we make egg donor agreements in Canada simple and accessible. You can generate your agreement instantly online with full lawyer guidance every step of the way.