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;
- “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;
- “Donor-conceived person” (DCP) means a person of any age who was purposefully conceived through assisted reproduction; and
- “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;
- A gamete bank to take good-faith measures and keep adequate records to ensure that a donor’s gametes are used to establish no more than a total of 10 families in or outside of Colorado;
- 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 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;
- The department to revoke licensure and issue fines for violations of the license, act, and implementing rules;
- Release of information to a DCP who is 18 years of age or older, or the DCP’s legal parent or guardian;
- A gamete bank to securely maintain any records related to tissue donation and donor conception. The gamete bank shall also regularly request that a donor provide updates to the donor’s contact information and medical history.
- A gamete bank to ensure that, prior to tissue donation or sale of tissue, each tissue donor and intended recipient receives written materials prepared by the department discussing various subjects related to DCPs and gamete donation.
The act creates the donor gamete bank and fertility clinic fund.