Discussions surrounding Quebec’s proposed reforms to its laws relating to assisted procreation have focused on its decision to eliminate its program of funding three cycles of in vitro fertilization (IVF). But this narrow focus ignores other significant changes in Bill 20: notably, its decision to prohibit women over the age of 42 from using IVF and the requirement that Quebeckers using donated sperm or eggs undergo a psychosocial assessment prior to accessing treatment.
These new laws draw distinctions between Quebeckers on the basis of their age and whether parents will have a genetic connection to their children. The government has also advanced these changes without explaining the differential treatment they propose.
Quebec law currently states that anyone of “childbearing age” ”“ i.e. pre-menopause ”“ can use IVF. Bill 20 would prohibit any woman over the age of 42 from accessing IVF and physicians who treat women above this age could be fined $5,000 to $50,000. Importantly, this restriction and the associated penalties would apply even though the government would no longer be paying for IVF treatment, but would instead be offering a tax credit.