The bill creates the "Donor-conceived Persons and Families of Donor-conceived Persons Protection Act" (act).
The act defines the following terms, among others:
- "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse;
- "Donor-conceived person" (DCP) means a person of any age who was purposefully conceived through assisted reproduction; and
- "Fertility clinic" means an entity or organization that performs assisted reproduction medical procedures and receives donor gametes for a recipient in, or who is a resident of, Colorado, and the recipient and gamete donor are unknown to each other;
- "Gamete" means unfertilized oocytes or sperm;
- "Gamete agency" means an oocyte or sperm donor matching agency that is located within or outside of Colorado and matches potential gamete donors with potential recipients in, or who are residents of, Colorado, and are unknown to each other;
- " Gamete bank" means an entity or organization that collects gametes from a donor or receives embryos and provides gametes or embryos to a recipient parent or the parent's medical provider and the recipient and donor are unknown to each other and the parent lives in, or is a resident of, Colorado.
- "Gamete agency, gamete bank, or fertility clinic" (gamete bank) means
an IVF or fertility clinic, reproductive tissue bank, or oocyte or sperm donor matching agency that collects, processes, stores, sells, matches, distributes, provides, or releases gametes or embryos from a donor to a recipient parent or parents or the recipient's medical provider when the recipient and donor are unknown to each other, and that is located in Colorado or that is located inside or outside of Colorado and provides gametes or embryos to a recipient parent or parents in Colorado; any one of such entities as so defined;
- "Recipient" or "recipient parent" means a person who receives donor gametes or embryos as an intended parent from a gamete bank for use in assisted reproduction for the purpose of conceiving a child.
The act requires:
The board to prioritize the best interests of donor-conceived persons and families of donor-conceived persons;
A donor to agree and consent in writing, prior to donation, to the release of identifying information and medical history (information) when any DCP conceived using the donor's gametes reaches 18 years of age;
- Upon request, release of information to a DCP who is 18 years of age or older, or less than 18 years of age but legally emancipated, or the DCP's legal parent or guardian;
- A gamete bank to collect and securely maintain any records
related to tissue donation and donor conceptiondonor identifying information and medical history of the gamete donor . The gamete bank shall also regularly request at least once every 3 years that a donor provide updates to the donor's contact information and medical history.
- A gamete bank that matches or collects gametes from a donor who is unknown to the recipient parent at the time of the donation to provide the donor with information about disclosure of information and obtain a declaration from the donor agreeing to identity disclosure when a DCP reaches 18 years of ages. The gamete bank shall further maintain the required records about the donor and gamete screening and testing.
- That a gamete bank not match or provide gametes from a donor who does not agree to the identity disclosure when a DCP reaches 18 years of age;
- Upon the request of a DCP who is 18 years of age or older, that a gamete bank that matched or collected the gametes used in the assisted reproduction of the DCP provide the DCP with the identifying information and medical history of the donor who provided the gametes;
- A gamete bank to permanently maintain identifying information and medical history for each donor with which it matches or collects gametes for use, as well as information about the number of families established with each donor's gametes;
- A gamete bank to submit a proposed plan to the department of public health and environment (department) to permanently maintain the records in the event of dissolution, insolvency, or bankruptcy. In the case of such event, the gamete bank shall inform by mail and email, sent to the last known address, all gamete donors whose gametes were collected, matched, or received, as well as recipient parents who received gametes or embryos from the gamete bank.
- On or before January 1, 2025, the department to develop written materials for intended parents and separate materials for gamete donors. A gamete bank is required to ensure that, prior to tissue donation or sale of tissue, each tissue donor and intended recipient receives these written materials.
prepared by the department discussing various subjects related to DCPs and gamete donation.The written materials are not meant to be in lieu of any mental health evaluations.
- A gamete bank to take good-faith measures and keep adequate records to
ensure thatdetermine how many families are established with a donor's gametes. are used to establish no more than a total of 10 families in or outside of Colorado;Once a gamete bank has record of or should reasonably know that 25 families have been established using a single donor's gametes in or outside of Colorado, with no limit on the number of children conceived by each of the families, the gamete bank shall not match or provide gametes from a donor to additional families.
- On or after January 1, 2025, a gamete bank operating in Colorado or providing donor gametes for use in assisted reproduction in Colorado to obtain a license that is conditioned on compliance with the act and implementing rules;
- The state board of health (board) to establish a schedule of fees for licensure, with the department
of public health and environment (department)collecting the appropriate fee at the time of application for licensure; and
- The department to revoke licensure and issue fines for violations of the license, act, and implementing rules.
The board is granted rulemaking authority for the implementation of the act, with rules to be promulgated on or before July 1, 2024.
The act creates the donor gamete agency, gamete bank, and fertility clinic fund.
(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.)