Discussion Assignment:

Should the Government of Canada Ban the Sale of Human Ova and Sperm?
In March 2004, Bill C-6 An Act Respecting Assisted Human Reproduction became law in Canada.
https://www.parl.ca/DocumentViewer/en/37-3/bill/C-6/third-reading/page-19#2
This bill is of interest to us because it represents one of the first attempts by a government to pass legislation dealing with a broad range of aspects of reproductive technology. In general, governments have either neglected to regulate this area or have dealt with the issue in disconnected bits and pieces (e.g., a law regarding a cloning, a separate law regarding stem cell research, yet another law regarding in vitro fertilization). In addition, the law is interesting in that, while attempting to pass it, the government of Canada has drawn a tight connection between law and morality. Many of the provisions in the law are there because the government of Canada has claimed that there is a moral obligation to block or regulate certain practises. So, for example, Bill C-6 bans human cloning for the purpose of reproduction. In arguing in support of this aspect of the bill, the government has very clearly expressed the view that there is something morally wrong with reproductive cloning. (This issue is discussed more fully in the next unit.)
As a first step in considering the idea of new reproductive technologies, you should focus on one controversial aspect of the bill. Bill C-6 makes it illegal for anyone to sell or buy human sperm or ova. This flies in the face of standard practice in many places (including some present practices in Canada). We are probably all familiar with the idea of individuals being paid for donating sperm to a sperm bank. Likewise, many of us will have heard of women being paid for donating embryos to a fertility clinic (or, perhaps more commonly, having the fee they would have paid for in vitro fertilization reduced if they agree to provide additional ova to the clinic). None of these practices is allowed any longer. Why not? Several reasons have commonly been cited, but perhaps the most common is the idea that it is simply morally inappropriate to put a price upon these things. To do so, some would argue, is to inappropriately turn them into commodities.
Your discussion assignment is to consider whether the Canadian government did the right thing by banning payment for ova and sperm.
• What reasons support this position?
• What reason count against this position?
• What is the correct position taking all these things into account?
Additional Reading
For a brief discussion of the history of the bill and some developments since its passage see “Regulating ‘assisted human reproduction,” a CBC News article that appeared in 2007. EDIT: It appears this article has recently been removed from the CBC page but there are plenty of other resources online on this matter.
See the followin pages as a starter:
http://www.cbc.ca/news/health/assisted-human-reproduction-and-the-law-1.1144733
http://www.hc-sc.gc.ca/dhp-mps/brgtherap/legislation/reprod/index-eng.php
http://www.parl.gc.ca/HousePublications/Publication.aspx?doc=C-13&language=E&parl=37&pub=bill&ses=2&File=22#2