Gay and bisexual men regain access to donor programs in Canada

Health Canada has formally ended its long-criticised restrictions on sperm donation by gay and bisexual men, in a move celebrated by LGBTQ+ advocates as a major step toward equality in reproductive healthcare.

Until 2024, federal regulations barred men from donating if they had sex with another man within the previous three months, based on outdated assumptions about HIV and other sexually transmitted infections. As reported by LGBTQ+ Nation, Toronto resident Aziz M., a queer donor, launched a legal challenge in 2023 after realizing many of his friends were automatically excluded.

Aziz, who has an ongoing relationship with a child conceived using his donation, described the former rules as a form of collective punishment aimed at gay and bisexual men. The policy, he said, treated an entire community as inherently risky and “diseased.”

Health Canada later revised the wording to focus on anyone engaging in anal sex, a change Aziz and his legal team argued continued to disproportionately target queer men. Affidavits from three medical experts submitted to the court stated that current screening processes already ensure safety without imposing behavior-based bans.

In one affidavit, infectious disease specialist Dr. Mona Loutfy emphasized that modern HIV testing is “highly sensitive and accurate,” leaving “effectively no residual risk” under existing protocols.

Before the case proceeded to a full hearing, Health Canada announced that it would remove the sexual behavior questions that had singled out gay and bisexual men. The agency said it is committed to ensuring donation policies remain safe, non-discriminatory and grounded in scientific evidence.

LGBTQ+ advocates welcomed the shift. Egale Canada’s legal director, Bennett Jensen, described the case as a rare chance to revisit entrenched assumptions about sexual orientation and HIV risk. He praised Aziz for pursuing the challenge on such a personal issue and highlighted the broader public benefit of his efforts.

Lawyer Gregory Ko called the policy change a “precedent-setting step in ending decades-long discrimination against gay and bisexual men,” while fellow counsel Frank Nasca noted that it took sustained pressure from Aziz and others for the federal government to fully review the rules.

Canada prohibits payment for donation, contributing to a chronic shortfall in domestic supply. Emily McIntosh, executive director of the Canadian Fertility and Andrology Society, told CBC that removing unnecessary barriers is likely to improve access for intended parents across the country.

Aziz welcomed the decision and expressed hope that more queer men will now see donation as a meaningful option. For many LGBTQ+ people, he noted, forming families involves significant financial and emotional effort; donation offers a way to support others in that journey while affirming queer participation in family-building.

The policy shift also aligns with broader conversations about LGBTQ+ parenthood, including legal frameworks, access to fertility treatment, and inclusive schooling for children in queer families. These themes will be explored in depth at the upcoming myGwork panel discussion, Navigating Parenthood: LGBTQ+ Families Today, where LGBTQ+ parents and carers will share experiences of family building, adoption, trans parenthood and community support, as well as perspectives on current legal landscapes and inclusive education.

Click here to sign up for this panel, taking place on September 9th!

For LGBTQ+ professionals and allies who want to support inclusive policies like this and connect with organisations that value equality in practice, joining myGwork can be a practical way to engage with a global community committed to advancing LGBTQ+ rights in workplaces and beyond.

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