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9 McGill J.L. & Health 1 (2015-2016)

handle is hein.journals/mcghealp9 and id is 1 raw text is: 




   McGILL JOURNAL OF LAW AND HEALTH - REVUE DE DROIT ET SANTE DE MCGILL



   WHY THE GOVERNMENT OF CANADA WON'T

 REGULATE ASSISTED HUMAN REPRODUCTION:

                   A MODERN MYSTERY


   Dave Snow, Franqoise Baylis & Jocelyn Downie*


The Canadian Assisted Human Reproduc- La Loi sur la procreation assiste cana-
tion Act (AHR Act), passed in 2004, prohib-  dienne, adoptde en 2004, interdit a la fois
its both paying consideration to a surrogate  la rtribution d'une m&re porteuse et 1achat
mother and purchasing sperm and ova from  de spermatozofdes et ovules d'une don-
a donor (sections 6-7). Both prohibitions  neuse (articles 6-7). Les deux interdictions
are subject to section 12, which was in-  sont soumises a larticle 12 qui visait a per-
tended to permit reimbursement of expen-  mettre le remboursement des frais encourus
ditures incurred by surrogate mothers and  par les m&res porteuses et les donneurs de
gamete donors and reimbursement for loss  gam&tes ainsi que le remboursement des


    Dave Snow, Ph), Assistant Professor, Department of Political Science, Uni-
    versity of Guelph. Franqoise Baylis, Ph), Professor and Canada Research
    Chair in Bioethics and Philosophy, Novel Tech Ethics, Faculties of Medicine
    and Arts and Social Sciences, Dalhousie University; Elected Fellow of the
    Royal Society of Canada and of the Canadian Academy of Health Sciences.
    Jocelyn Downie, MLitt, SJD; Professor, Faculties of Law and Medicine, Dal-
    housie University; Elected Fellow of the Royal Society of Canada and of the
    CanadianAcademy of Health Sciences. Funding in support of this research was
    provided by the Canadian Institutes of Health Research grant EOG111389 A
    comparative study of assisted human reproduction patients' views about the
    donation of eggs and embryos for scientific and clinical research, the Canada
    Research Chair in Bioethics and Philosophy on Impact Ethics: Making a Dif-
    ference, and the Killam Trusts at Dalhousie University. Disclosure Statement:
    Franqoise Baylis was a member of the board of directors of Assisted Human
    Reproduction Canada from December 2006 to March 2010. After this paper
    had been written and peer reviewed, Jocelyn Downie was invited to join a Task
    Force under the Canadian Standards Association Technical Subcommittee on
    Reproductive Tissues to develop guidance/requirements around allowable re-
    imbursements for surrogates and sperm or egg donors.
           © Dave Snow, Franqoise Baylis & Jocelyn Downie 2015

Citation: Dave Snow, Franqoise Baylis & Jocelyn Downie, Why the Government
  of Canada Won't Regulate Assisted Human Reproduction: A Modem Mystery
                     (2015) 9:1 McGill JL & Health 1.
     Rdfrrence : Dave Snow, Franqoise Baylis et Jocelyn Downie, << Why the
Government of Canada Won't Regulate Assisted Human Reproduction: A Modem
                Mystery >> (2015) 9 : 1 RD & sante McGill 1.

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