Protections For Donor-Conceived Persons And Families
Being able to anonymously donate sperm or eggs in Colorado will soon be banned. The Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act, which takes effect January 1, 2025 will make Colorado the first state in the nation to give donor-conceived individuals the right to learn their donor’s identity when they turn 18, and access that person’s medical history before that. The act also caps the number of families that can use a specific donor and will require sperm and gamete banks to permanently maintain a donor’s records and regularly update their medical history. The minimum age to donate will be raised to 21.
“This is a big deal as it’s the first in the country for donor conceived persons through egg or sperm donation“, states Virginia Frank. More than one million people in the United States have been created via sperm and egg donation with little consideration to their future needs or interests, including learning the identity of the person who contributed half of their DNA, and having access to accurate medical information. With the passage of this bill, the industry can no longer ignore these issues.
Protections For Donor-conceived Persons And Families
Concerning the creation of the “Donor-conceived Persons and Families of Donor-conceived Persons Protection Act”, and, in connection therewith, making an appropriation.
2022 Regular Session
Children & Domestic MattersBILL SUMMARY
The act 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” means an individual who produces eggs or sperm collected by a gamete agency, gamete bank, or fertility clinic (ART agency) for use in assisted reproduction;
- “Donor-conceived person” (DCP) means an individual of any age who was born as a result of assisted reproduction;
- “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 at the time of donation;
- “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 gamete donors with recipients in, or who are residents of, Colorado, and are unknown to each other at the time of donation;
- “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 at the time of donation and the parent lives in, or is a resident of, Colorado at the time of donation;
- “Identifying information” means the donor’s full name; the donor’s date of birth; and the donor’s permanent and, if different, current address or other contact information at the time of the donation, or, if different, the donor’s current address or other contact information or both as retained by the ART agency;
- “Medical history” means information regarding any present physical illness of the donor; past illness of the donor; and social, genetic, and family medical history pertaining to the donor’s health; and
- “Recipient” or “recipient parent” means an individual who receives donor gametes or embryos as an intended parent from an ART agency for use in assisted reproduction for the purpose of conceiving a child.
The act requires:
- An ART agency that, on or after January 1, 2025, collects gametes from a donor or matches a donor with a recipient, or receives gametes from a different ART agency, to collect the donor’s identifying information and medical history and make a good-faith effort to maintain current contact information and updates on the donor’s medical history by requesting updates from the donor at least once every 3 years;
- Upon request of a DCP who is 18 years of age or older, or less than 18 years of age but legally emancipated, release of identifying and medical information to the DCP or the DCP’s legal parent or guardian. An ART agency shall not match or provide gametes from a donor who does not agree to the identity disclosure when a DCP reaches 18 years of age;
- An ART agency to collect and securely maintain any records of the donor’s identifying information and medical history. The ART agency shall also regularly request at least once every 3 years that a donor provide updates to the donor’s contact information and medical history.
- An ART agency that matches or collects gametes from a donor on or after January 1, 2025, 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 age;
- An ART agency to make and submit a proposed plan to the department of public health and environment (department) to permanently maintain records of donor identifying information and medical history, the number of families established with each donor’s gametes, and genetic screening and testing 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.
- That, once an ART agency 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 before January 1, 2025, the department to develop written materials for intended parents and separate materials for donors. An ART agency is required to ensure that, prior to tissue donation or sale of tissue, each tissue donor and intended recipient receives these written materials. The written materials are not meant to be in lieu of any mental health evaluations.
- That donors be at least 21 years of age at the time of the donation;
- On or after January 1, 2025, an ART agency 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 its implementing rules;
- The state board of health (board) to establish a schedule of fees for licensure, with the 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 department is allowed to assess a civil penalty for violations of the act.
The board is granted rule-making authority for the implementation of the act, with rules to be promulgated on or before July 1, 2024.
The donor gamete agency, gamete bank, and fertility clinic fund is created.
For the 2022-23 state fiscal year, $192,293 is appropriated to the department from the general fund.
(Note: This summary applies to this bill as enacted.)