In Vitro Fertilization Protection & Gamete Donation Requirements

The bill adds statutory protections for in vitro fertilization and other assisted reproductive procedures.

Current law requires gamete banks and fertility clinics (donor banks) to maintain donor identifying information and update it every 3 years. The bill requires donor banks to collect identifying information and medical history from the gamete donor only at the initial donation. encourage donors to inform the donor banks if the donor experiences a significant medical history update. The donor bank is then required to inform recipients of the donor's significant medical history update.

Current law prohibits donor banks from prohibiting an adult donor-conceived person from communicating about the gamete donor with the donor-conceived person's friends, family, or other third parties. The bill eliminates that prohibition. The bill encourages donor banks to provide information to donor-conceived persons regarding the physical and emotional risk associated with releasing a donor's private information.

The bill repeals certain provisions relating to gamete donor record stewardship in the event of donor bank dissolution, bankruptcy, or insolvency and eliminates the requirement that donor banks inform a recipient parent about future implications about a gamete donor's medical history or other persons conceived using the same gamete donor.

Current law requires the department of public health and environment (department) to draft written materials that must be provided to individuals prior to donating or receiving gametes. The bill removes the responsibility from the department and requires donor banks to create the materials. The bill permits both the department and donor banks to develop their own written material to provide to individuals prior to donating or receiving gametes, and does not require a donor bank to use the department's written material. Current law requires donor recipients to update and inform donor banks regarding live births using donated gametes. The bill allows donor banks to only recommend this step to recipients of donor gametes.

Donor bank licensure renewal is extended from annually to once every 5 years 2 years, with the ability for a donor bank to extend the licensure renewal period to once every 5 years if the department determines the extension to be in the public interest . The requirement that the department investigate donor banks outside the state of Colorado is eliminated. and the fine for donor banks that are out of compliance is modified from an automatic $20,000 per-day fine to a fine to be determined by the state board of health.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)