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The Law of Assisted Human Reproduction
In this first-ever comprehensive review of the Assisted Human Reproduction Act, the authors describe the scope and function of each section. They also discuss issues not covered by the Act and suggest how these may be addressed.
Publication Language: English
Published: January 01, 2005
Publisher: LexisNexis Canada
The Assisted Human Reproduction Act (AHR Act) received Royal Assent in March 2004. Since then, key provisions have come into effect, with many more to follow. The Act is the first legislation to set out a legal regime in which all professionals who use AHR technologies must operate.
How will the AHR Act affect you?
LexisNexis® Butterworths The Law of Assisted Human Reproduction has the answers. Authors Glenn Rivard and Judy Hunter both advised on the development of this groundbreaking legislation. In this first-ever comprehensive review of the Act, they describe the scope and function of each section. They also discuss issues not covered by the Act and suggest how these may be addressed.
Part 1 - Introduction to the AHR Act
Provides a foundation in the use of AHR technologies in Canada:
- What is infertility and how is it caused?
- How common is infertility in the general population?
- What are the most common AHR technologies?
- What AHR services does Canada offer?
- How did the Act develop?
Part 2 - Description and Commentary
Details how the Act protects the health and well-being of individuals who undergo AHR procedures and the resulting children. Coverage includes national and international case law, and sensitive, controversial issues such as:
- How does the Act balance privacy and access to information?
- Which activities does the Act prohibit regarding use of gametes?
- What constitutes a "controlled activity"?
- How might the courts resolve disputes involving stored IVF embryos?
- Can a surrogate mother be penalized under the Act?
- What types of embryo research does the Act permit?
Part 3 - Policy and Administration of the AHR Act
Clarifies how to comply with the Act's extensive licensing regulations:
- How will the new Assisted Human Reproduction Agency operate?
- Who must be licensed?
- What authority do inspectors have?
- What criminal offences does the Act contain?
- In what ways can federal and provincial/territorial authorities cooperate to assure patient health and safety?
Appendices
- Table of Cases from Canada, the U.S., the U.K., and Australia
- Table of Statutes including relevant federal, provincial/territorial, and U.K. legislation
- Full text of the Act in English and French
Foreword
Acknowledgements
Table of Cases
Table of Statutes
Preface
Part I – Introduction
Chapter 1: Reproductive Technologies and Procedures
Chapter 2: From Louise Brown to the Assisted Human Reproduction Act
Part II – The Law of Assisted Human Reproduction
Chapter 3: The Assisted Human Reproduction Act
Chapter 4: Declaration of Principles and Definitions
Chapter 5: Consent, Personal Information and Privacy
Chapter 6: Gametes
Chapter 7: Creation of the Embryo
Chapter 8: Use of the In Vitro Embryo in Reproduction
Chapter 9: Surrogacy
Chapter 10: Embryo Research
Chapter 11: Integrity of the Human Genome and Human/Animal Combinations
Chapter 12: Issues Not Dealt With by the Assisted Human Reproduction Act
Part III – Policy and Administration of the Assisted Human Reproduction Act
Chapter 13: Minister of Health Role and Responsibilities
Chapter 14: Regulations
Chapter 15: The Assisted Human Reproduction Agency of Canada
Chapter 16: Licensing
Chapter 17: Inspections and Enforcement
Chapter 18: Criminal Offences
Chapter 19: Cooperation With the Provinces and Territories
Part IV – Conclusion and Parliamentary Review
Index
Appendix A – The Assisted Human Reproduction Act
