Health Canada Plans to Consider Amending Assisted Human Reproduction Act

In June 2019 we blogged about Health Canada releasing new regulations to the Assisted Human Reproduction Act (“AHRA”), and guidance documents that were not yet finalized (but will eventually serve as tools to interpret the law). We provided Health Canada with our feedback on the guidance documents by the deadline of July 26, 2019.

Over the past year Health Canada has demonstrated that it is willing to genuinely listen to, and implement, stakeholder feedback regarding the AHRA regulations. We are therefore optimistic that the Health Canada guidance documents will be revised for the better.

On August 26, 2019, Health Canada informed us that there are plans to review the AHRA "more broadly to consider whether or not amendments to the AHR Act are needed".

At this time we do not know what specifically will be considered or whether they will begin with another consultation process. From commercialization of surrogacy in Canada to greater clarity around reimbursements to the regulation of surrogacy agencies, anything is possible. We will provide updates on this blog as more information becomes available.

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