The Business of Egg Transactions and Need for Improved Regulation of the Fertility Industry in Canada

In Canada, ethical and legal debates around egg donation have largely focused on the question of whether egg providers should be paid, since payment for egg donation is prohibited through the federal Assisted Human Reproduction Act, 2004. One of the generally overlooked issues, however, is the potential for fertility clinics and agencies to mistreat egg providers. There is little legal oversight of the practices of fertility clinics and agencies in Canada, and scholars have raised concerns about the potential for mistreatment of egg providers. This article examines the medical care of egg providers in Canada by presenting data from qualitative interviews with 14 egg providers. While some egg providers felt well cared for, others were left feeling like a means to an end — they felt that insufficient information was provided for consent, there was an inability to communicate with the clinic, and they were physically mistreated. I argue that not only do egg providers’ experiences run contrary to the CMA Code of Ethics, but they also run contrary to laws, regulations, and guidelines that are intended to ensure that people who undergo fertility treatments are not harmed.