I) What is the Assisted Human Reproduction Act (AHR Act)?
II) Forces at Work to Further Commercialize the Fertility Industry
III) Health Canada Wants Your Comments!
IV) Take Action by September 14: 1 Click Letter Health Canada Consultative Paper
V) Send Your Support Today!
18 Year Old Katrina Clark on being the offspring of an anonymous sperm donor:
“I was angry at the idea that where donor conception is concerned, everyone focuses on the “parents” – the adults who can make choices about their own lives….The children born of these transactions are people too…..
“I'm here to tell you that emotionally, many of us are not keeping up. We didn't ask to be born into this situation, with its limitations and confusion….
“We offspring are recognizing the right that was stripped from us at birth -- the right to know who both our parents are.”
You have until September 14 to provide input to Health Canada through an online consultation paper on a specific portion of the Assisted Human Reproduction Act (AHR Act).
I)What is the AHR Act?
“The Assisted Human Reproduction Act (AHR Act), adopted by Parliament on March 29, 2004, governs the area of assisted human reproduction (AHR) and related research.”
For a family to have children there are three avenues: procreation, assisted reproduction, and adoption. The AHR Act deals exclusively with assisted reproduction.
The Act mandates that an agency regulate and licence persons authorized to undertake these activities. The act also sets severe penalties including jail time of up to 10 years for those involved in buying or selling sperm, ova or surrogacy services. “This is based on the principle that human reproductive capacity should not be commercialized.”
The first principle stated by the Parliament of Canada in setting up the AHR Act was that:
“the health and well-being of children born through the application of assisted human reproductive technologies must be given priority in all decisions respecting their use;” AHR Act Section 2(a)
In rejecting the commercialization of human reproduction, the act clearly affirms the best interests and the dignity of the child.
However, many other features of the act, by giving preference to adult desires, ignore or outright deny the right of the child to have a mother and a father, and to know and be raised by both his biological parents.
For example, the act fails to prevent single women and same-gendered partners from creating fatherless or motherless children.
By prohibiting the commercialization of human reproduction, the act nevertheless has merit in limiting the number of cases where children are born without a mother or a father.
II) Forces at Work to Further Commercialize the Fertility Industry
In 2009, five years after its enactment, the AHR Act will be up for review. We will be working to have it revised in several areas including respect for the rights of children.
However the fertility industry, supported by gay-rights advocates and some in the scientific community, have different goals. They would like to expand this industry by allowing commercialization - ignoring the further harm to the rights of children.
Health Canada is seeking feedback regarding the portion of the AHR Act dealing with reimbursement for expenditures relating to the donation of sperm, ova and surrogacy.
This would appear reasonable in cases where there is no violation of the rights of the child. Unfortunately, most cases involve a 3rd party (sperm or ova donor, or surrogate mother), and thus the child’s rights are violated in the process of satisfying adult desires.
For example, a case where the child’s genetic filiation with his mother and father is preserved might involve a woman able to conceive but who, for medical reasons, is incapable of carrying the pregnancy through to its conclusion. She could transfer her ova or fetus to a surrogate mother.
A number of assisted reproductive situations separate a child from one or both of his biological parents. These include sperm and ova donation, most cases of surrogacy, children intentionally created with only one parent, and children with three or more parents.
These situations can lead to pain and confusion for the child, tensions between the biological and non-biological parents, family instability, and increasing involvement by the courts in complicated and heartrending situations.
Unfortunately, the AHR Act and the consultation paper both fail to take into account these situations. Remember, "children born of these transactions are people too." (quoted above)
IV) Take Action: 1 Click Letter Consultative Paper by September 14
PreserveMarriage – Protect Children’s Rights ( ) and United Mothers Fathers invite you to send a clear common sense message to legislators and regulators:
-The best interests of the child should be strengthened in the Assisted Health Reproduction Act.
-A child’s right to his father and his mother must be recognized, affirmed and protected in both Canadian law and regulation.
-The child’s biological filiation needs to be preserved.
-Every child born from assisted reproduction must be guaranteed both a father and a mother in a committed relationship.
-Failure to act would be discriminatory, an abuse of the child's vulnerability and a violation of the spirit and intent of the Charter.
2) In addition, we would invite you to complete Health Canada’s online consultation paper: Parts A B “Proposals for Regulations and Licensing Relating to the Reimbursement of Expenditures.”
3) Spread the word! Please forward or print this newsletter to share with others.
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