Conceiving a child with the help of a sperm or egg donor

Sometimes, becoming a parent isn’t as straightforward as we might like it to be. Many factors can lead a person or couple to consider using sperm or egg donation, including not being able to conceive on their own or not wanting to pass on a genetic disease. As an example, some LGBTQ+ couples may choose to start a family this way. Before you get started, find out more about your different options.

You can be inseminated at an assisted reproduction centre or at home 

The law recognizes both types of insemination as valid.

Insemination at an assisted reproduction centre 

Insemination at an assisted reproduction centre is called medically assisted reproduction. 

If you choose this option, you can choose a donor from a sperm or egg bank. These sperm or egg banks must respect Canadian regulations. You won’t know the donor’s identity, but you can have access to some information about them, like their eye colour or blood type. Sometimes, you can see a photo of the donor. Some assisted reproduction centres will also allow you to use the sperm or eggs of a donor you know personally. 

The centre will do one of these procedures: 

• Donor sperm can be placed directly in the uterus. This procedure is called intrauterine insemination. 

• Eggs can be collected from a donor or the person who will carry the child and fertilized with sperm in a lab. The sperm can come from a donor or the partner of the person who will carry the child. The fertilized egg is then placed in the uterus of the person who will carry the child. This procedure is called in vitro fertilization. 

The Quebec government has a list of public and private assisted reproduction centres that offer these services. 

Insemination at home 

Insemination at home can happen in one of two ways.

You can use a syringe to inseminate yourself with the sperm of a donor you know personally. This is sometimes called artisanal insemination.

You can also have sexual intercourse with the sperm donor. This is sometimes called artificial insemination with the help of a friend.

Who will be the child’s legal parent? 

The rules are the same, whether you choose to be inseminated at an assisted reproduction centre or at home. Your child can have a maximum of two parents, and you must have a valid parental project to be the child’s legal parent.  

A maximum of two legal parents 

The law only allows a child to have up to two legal parents, even if three people are involved in conceiving the child. 

Having a parental project 

The law recognizes the person or the couple who have a valid parental project as the child’s legal parents. A parental project is the intention to conceive a child using the sperm or eggs of someone who consents to not being recognized as the child’s legal parent.  

This means that one person, a queer couple or a heterosexual couple can decide to have a child using a donor’s genetic material. Couples need to be married, in a civil union, or common-law union to have a valid parental project. So, two friends who want to have a child together can’t have a valid parental project. 

The legal relationship between a parent and child is called filiation. 

Make sure you all understand your role 

It can be hard to identify the limits of each person’s role if this isn’t clearly defined from the start. It’s important for each person to understand their role before the insemination. 

The parents’ role 

To have a valid parental project, the person or couple must clearly intend to conceive a child using the genetic material of a donor. 

The donor’s role 

For their part, the donor must understand and accept that their role will be limited to donating their sperm or eggs. In other words, they must consent to not being the child’s legal parent. If the donor didn’t fully understand and consent to this, they can try to claim status as the child’s legal parent.  

Having a written agreement 

To make sure that each person’s role is clear and well-defined, you can write down your agreement and have everyone sign it. You can also ask a legal professional for advice about your specific situation. 

Writing down your agreement is particularly important if you choose at-home insemination. The setting is less formal, and this can sometimes make each person’s role less clear. This can lead to conflict later. 

In an assisted reproduction centre, everyone involved must sign documents confirming that they understand and accept their role. Assisted reproduction centres are required to get the informed consent of everyone involved. They risk serious consequences if they don’t. 

The donor can be involved in the child’s life or not 

You can choose to involve the donor in your child’s life with the donor’s consent, even if the donor isn’t considered a legal parent. You’re also free to decide that the donor won’t have any involvement beyond donating their genetic material. 

If you decide to write down your agreement, you can include information about whether the donor will be involved in the child’s life, and, if so, how. For example, if you decide that they will see the child regularly, you can write this down. 

Choosing between insemination at an assisted reproduction centre or at home  

It’s up to you to choose the type of insemination that works best for you based on your priorities and preferences. Here are some factors that could be helpful to think about.