Legal Policy Needs to be Renewed
Infertility is one of the basic problem that is being faced by majority of couples, either
because the female had some medical treatment in the past due to which her ovaries got
damaged and she cannot produce her own egg as an after effect or because her egg is not
of the enough good quality that it can sustain within the body for longer period and thus
breaks down even before it reaches the next stage of production. However, medical
science has invented many solutions to this problem that allows a woman to carry her
own child even if she cannot produce her own egg. One of the most widely successful
solutions is that of In Vitro Fertilization (IVF).
What is IVF?
IVF is basically a method which allows the fertilization of a sperm outside the body of
the recipient. In this method a donor having a good quality sperm and a considerably fine
physical as well as mental condition donates its sperm which is fertilized in the clinic for
a few months and is thereafter transferred in the body of the recipient in her uterus. The
baby produced by this procedure is also popularly known as ‘test tube baby’ as the word
in-vitro means ‘glass’ in Latin.
Legal compliances of IVF process in Canada
Being one of the countries having a developed medical system, the legal system of
Canada has compiled various provisions for both the parties, that is, donor as well as the
recipient. Keeping the ‘privacy’ aspect of both the parties as the prior requirement, the
government has set up the policies which keep the identity of both the parties highly
confidential from each other as well as from the society unless the parties are themselves
willing to be disclosed to each other. Also, proper background check of both the parties is
done along with the signing of some legal documents so as to secure the future interests
of both the donor as well as recipient party.
Though the Canadian law has chalked down various obligations and interests for both the
parties, the policy firmly needs to be renewed as it has many loop holes in it. The major
drawback is that it is not enforced in all the parts of the country yet. Some of the fertility
institutes easily overlook the legal aspects and there is no such provision which can force
them to follow the policy. Thus, a review and firm implementation of the policy
regarding IVF is certainly the need of the hour.