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Using a US agency and donor


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#1 gigifong76

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Posted 20 May 2014 - 08:33 PM

Hi Sherry,

I am wondering whether it is illegal for a Canadian IP to pay a US agency for a US donor to donate eggs in Canada, and is it illegal if the Canadian IP travel to a US clinic to do the IVF procedure with the US donor?

Thanks!

#2 quandry

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Posted 21 May 2014 - 07:38 AM

If you travel to the US, it is not.  This is something that is done often here in Canada.  Either we pay to have frozen eggs brought in from a US agency, or we travel to the US to have either a fresh or a frozen cycle.  I would venture to say that many (not sure the exact number but it's a lot) of children are born every year in Canada this way.

 

HAve you looked at clinics other than in the US? Spain and the Czech republic have much cheaper donor cycles, but the downfall is that it is completely anonymous.


See about me page.

 

 


#3 SherryLevitan

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Posted 21 May 2014 - 09:07 AM

Hi,

Great question. I wish I had a simple answer for you! As you no doubt are aware, we are not permitted to
"purchase" eggs. The question becomes twofold: 1. was there a purchase, and if so, 2. where did it happen. I think most lawyers agree that if you travel to the US, pay in the US, have the procedure done in the US
with an American donor, you have not run afoul of the law. Any other scenarios should be discussed with your lawyer.
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#4 gigifong76

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Posted 21 May 2014 - 06:24 PM

Thank you for your help, quandry and Sherry!



#5 angelal99

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Posted 24 July 2014 - 08:41 AM

Do you all understand how old this with canada and it's laws when you go anywhere in Europe this allowed
How backwards is canada
Suppressing a woman to an opportunity
I think Canada will end up in a problem eventually
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#6 SherryLevitan

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Posted 28 July 2014 - 02:51 PM

Hi,

 

When the federal legislation was tabled, there were no egg donor agencies operating in Canada. As a result, there are no prohibitions about paying an egg donor agency to find you an egg donor.  The only prohibition is against "purchasing" eggs. If the Donor is being paid amounts that exceed her expenses, the arrangement could violate Canadian laws. 

 

I know that Health Canada doesn't like the American donors travelling to Canada to donate, but  it has become quite common.  

 

If an IP travels to the US, the IP must comply with local state law. The Canadian law won't apply.  

 

Hope that helps!