Just a little while ago I wrote about the sperm donor shortage in the UK. At the time (at the very end of that post) mentioned that I’d also discuss a similar situation in Canada. Now, I cannot head this one “news” because the story I have to work off is not current. But here it is–a couple years old–about a sperm shortage in Canada. And then in response to my last post Nellie (a commenter) also referred to the law of Canada.
So here is the deal (and I welcome any Canadians to expand on or correct what’s here.) In Canada you cannot pay an egg donor or a sperm donor for their donation. Nellie notes (and I’m going to go with her facts here) that it is criminal, punishable by five years in prison, to buy sperm. Ten years for the purchase of eggs. Although I might wonder about how regularly these crimes are prosecuted, the message is quite clear. These are serious crimes.
I do not possess expertise here, but as I understand it, Canada has taken a stance against the commodification of reproductive materials. In other words, the law reflects an assertion that sperm and eggs are not just common commodities, like bread or toasters.
There’s nothing morally wrong or suspect about buying/selling bread. We accept that bread is a commodity and it’s all quite unproblematic. At the other extreme, we do not allow the purchase/sale of children. That’s one of those universally unacceptable things. Children cannot be considered to be a commodity–they are people. Just as we do not sell people (see, e.g. slavery) we do not sell young people–children.
Canada’s law can be understood as a statement that sperm and eggs are not simple commodities. And you can see the point of view from which they are not. Suppose genetic connection is what makes you the parent to a child. In that case, selling sperm or eggs is like selling your parental rights. Which is the same as selling the child. I’ll put that one other way to try to make it clear: Suppose we assume that If a child is created with my egg, I am the child’s mother. I am the mother because the DNA matches. Now if I sell you my egg, I am selling you my motherhood. You will now be the mother of any resulting child. Which is to say, I have sold you the child.
It think there are other lines of reasoning that can lead to a prohibition on the sale of sperm/eggs as well, by the way, and you’re welcome to toss them out. We don’t allow the purchase/sale of organs (like my kidneys) and that’s not because of concerns about parenthood. Perhaps that is what Canada means to assert–indeed, it fits more consistently with the idea that you can use a donor’s eggs or sperm if they are not paid. (Canada does not criminalize the use of donor sperm/eggs that have been properly obtained.)
Anyway, in some ways the bottom line is that, without the prospect of payment, you find fewer men donate sperm. And so, as in the UK, you can arrive at a sperm shortage. I’m sure for some people that’s the most significant conclusion to note, rather than speculation about the philosophical underpinnings of the law.
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For the same reasons, if donors knew that their estate would be paid for organs which were contributed upon their death, there would more available needed organs for transplant and research in the U.S.
Profit motives drive many transactions
Canadian law does not recognize sperm as being a child. It has no rights.
Women can sell their eggs for a profit in Canada. Men can not sell their sperm for a profit.
The legislation will eventually change to permit it again.
I’d donate my sperm, but unless I’m getting compensation or the “benefit” of company, it’s costing me money to do that and I’m getting nothing. There is no incentive and very little sympathy for people who can’t have children given the population of this country.
Uh, Dogmatic? Women cannot sell their eggs for profit in Canada.