Legal Framework and Considerations
- AI: Recognized by Statute
- NI: Not Recognized
- Sperm donor agreement: Unknown
New Brunswick’s legal framework for informal sperm donation, including at-home artificial insemination (AI), is governed by the Family Law Act, SNB 2020, c 23, enacted in 2020 and effective March 1, 2023. This progressive statute emphasizes intent and consent, exempting donors from parentage without requiring physician involvement. The Family Services Act, SNB 1980, c F-2.2, handles child protection but not parentage for assisted reproduction. Federal Assisted Human Reproduction Act applies to prohibitions but parentage is provincial. As of October 2025, no amendments to the Family Law Act's parentage provisions.
Core Provisions
| Provision | Statute | Key Implications |
|---|---|---|
| Definition of Assisted Reproduction | s. 25 | Defines as a method of conceiving other than by sexual intercourse. No physician mandate, enabling at-home AI. |
| Parentage if Assisted Reproduction | s. 26 | Birth mother is a parent; spouse/partner is presumed if consented. For donor material, donor not parent unless agreement. |
| Donor Not a Parent | s. 27 | Donor is not a parent by donation alone; protects informal donors absent intent or agreement to parent. |
| Parentage Agreements | s. 28 | Pre-conception agreements can designate parents; enforceable if in writing. |
| Surrogacy | s. 29 et seq. | Regulates surrogacy agreements; donor non-parentage applies, with court declarations for parentage. |
| Declaration of Parentage | s. 32 | Court may declare parentage on application; considers agreements, consent, best interests. |
| Genetic Tests | s. 33 | Court may order tests; cannot establish donor parentage without intent. |
Key Court Cases (2024-2025)
No New Brunswick Court of Appeal or King's Bench cases directly address informal sperm donation under the Family Law Act as of October 2025. General family law principles apply, with courts focusing on intent and child's best interests.
2025 outlook: Unchanged; courts likely to uphold donor exemptions based on agreements and intent.
Practical Steps & Risks
- Options for Arrangements: New Brunswick's system supports at-home AI without medical oversight. Use a written pre-conception agreement (s. 28) to clarify donor non-parental intent. Intended parents can apply for declaration of parentage (s. 32) for certainty.
- Health Screens: Not required, but obtain STI and genetic testing; comply with federal Assisted Human Reproduction Act.
- Non-Bio Parent Rights: Secure via presumption or agreement (s. 26); inclusive for same-sex couples.
- Risks: Without agreement, donors risk claims if intent disputed. Provincial support actions possible. Cross-province under federal laws. Agreements mitigate risks.
- Consult: Contact the Law Society of New Brunswick's Lawyer Referral Service for family law experts: Find a Lawyer (506-458-8540).