An Alternative Conception: The Legality of Home Insemination Under Canada's Assisted Human Reproduction Act

Canadian Journal of Family Law, Vol. 26, No. 1, pp. 149-170, 2010

Posted: 11 Jun 2011

Date Written: 2010

Abstract

Despite access to fertility clinics, at-home self-insemination with the sperm of a known donor is a common practice amongst lesbian and single women. Home insemination is understood to provide several advantages over conception at a fertility clinic, particularly given the federal prohibition on sperm donation by donors who have had sex with other men. Despite the prevalence of the practice, there is some doubt in Canada as to whether home insemination is legal. While the Assisted Human Reproduction Act (AHRA) does not explicitly address home insemination, it could be interpreted as outlawing the practice. This article addresses the legality of at-home insemination under the AHRA and argues that, despite what it might suggest about its legality, the practice should be protected by law.

Keywords: Canada, human reproduction, fertility clinics, artificial insemination, homosexuality and lesbianism, Assisted Human Reproduction Act (Canada)

Suggested Citation

Kelly, Fiona, An Alternative Conception: The Legality of Home Insemination Under Canada's Assisted Human Reproduction Act (2010). Canadian Journal of Family Law, Vol. 26, No. 1, pp. 149-170, 2010, Available at SSRN: https://ssrn.com/abstract=1861339

Fiona Kelly (Contact Author)

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia

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