House Bill 25-1259 Introduced

A Bill for an Act

• Page 1, Line 101Concerning assisted reproduction, and, in connection

• Page 1, Line 102therewith, adopting in vitro fertilization and other

• Page 1, Line 103assisted reproduction and fertility protections and

• Page 1, Line 104eliminating other administrative requirements.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

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.

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 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.

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. 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.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Short title. The short title of this act is the "Reducing Barriers to Building Families Act".

• Page 2, Line 3SECTION 2.  Legislative declaration. (1)  The general assembly finds that:

• Page 2, Line 4(a)  On February 16, 2024, the Alabama supreme court ruled that

• Page 2, Line 5embryos formed through in vitro fertilization, or IVF, are considered children under the state's "Wrongful Death of a Minor Act";

• Page 2, Line 6(b)  The court's 131-page opinion held that the act applies to all

• Page 2, Line 7unborn children, regardless of their location. The chief justice of Alabama

• Page 2, Line 8quoted the Bible and stated that embryos are children in cryogenic

• Page 3, Line 1nurseries. The result was that medical professionals performing IVF could be legally prosecuted for manslaughter if an embryo was destroyed.

• Page 3, Line 2(c)  The ruling raised great concerns about the impact on, in

• Page 3, Line 3particular, provision of women's health-care services, fertility care for all

• Page 3, Line 4individuals, and assisted reproductive technologies. Many legal and

• Page 3, Line 5medical experts across the country, including in Colorado, believe the

• Page 3, Line 6ruling, in ways similar to what has happened in Alabama, will interfere

• Page 3, Line 7nationwide with women's access to medical care, including necessary

• Page 3, Line 8medical care following miscarriages; will make it difficult for people to

• Page 3, Line 9undergo fertility care, including IVF and embryo transfer; could end or

• Page 3, Line 10severely limit IVF medical treatments; and could interfere with individuals even transferring their embryos to clinics outside of our state.

• Page 3, Line 11(d)  After the ruling, IVF clinics in Alabama ceased providing

• Page 3, Line 12infertility medical services and also ceased transferring embryos owned

• Page 3, Line 13by their patients to clinics outside of Alabama due to potential legal and felony risks if an embryo was inadvertently destroyed.

• Page 3, Line 14(2) (a)  The Alabama ruling, coupled with new, intrusive, and

• Page 3, Line 15difficult-to-implement requirements for gamete donation, has had negative impacts on people seeking fertility treatments in Colorado.

• Page 3, Line 16(b)  Colorado has been recognized for decades as a medical

• Page 3, Line 17destination for those seeking sophisticated and cutting-edge medical care

• Page 3, Line 18for infertility. Colorado's fertility clinics are highly respected; the state's

• Page 3, Line 19medical practitioners are known as pioneers in assisted reproductive

• Page 3, Line 20technologies, or ART medical care; and Colorado continues to advance and provide top-notch ART fertility care.

• Page 3, Line 21(c)  Equally matching its sophisticated ART medical care,

• Page 3, Line 22Colorado also ranks highly among all states due to its progressive laws

• Page 4, Line 1and legal protections for children born through assisted reproductive

• Page 4, Line 2technologies, laws that ensure donors of gametes (ova and sperm) and

• Page 4, Line 3embryos are not considered legal parents of any resulting children, and

• Page 4, Line 4the laws protect the parental rights of parents whose children are born

• Page 4, Line 5through ART, including through donated gametes and surrogacy.

• Page 4, Line 6Children born through ART in Colorado legally are able to know who

• Page 4, Line 7their parents are from the moment of birth, and potential parents are

• Page 4, Line 8likewise safeguarded due to Colorado's protections, including not

• Page 4, Line 9requiring a genetic relationship between parent and child and not

• Page 4, Line 10requiring parents to be married, and including opposite gender

• Page 4, Line 11individuals' access to ART, making Colorado a top choice for domestic

• Page 4, Line 12and international individuals seeking assisted reproduction medical care treatment options.

• Page 4, Line 13(3)  Therefore, the general assembly declares that:

• Page 4, Line 14(a)  Colorado should remain a world-class destination for all

• Page 4, Line 15people who want to start a family, providing safe, cutting-edge medical care for individuals in need of those services;

• Page 4, Line 16(b)  It is also important to keep the transparency and rules around

• Page 4, Line 17disclosure in order to address the concerns of donor-conceived

• Page 4, Line 18individuals while preserving the whole ecosystem of Colorado's

• Page 4, Line 19world-class assisted reproduction technologies, infertility medical care options, and gamete donation medical environment; and

• Page 4, Line 20(c)  Recent legislation in Colorado has been challenging to

• Page 4, Line 21implement and has had a chilling effect on donations, as individuals are

• Page 4, Line 22daunted by the invasive reporting requirements. This act seeks to

• Page 4, Line 23streamline implementation of the provisions of the "Donor-Conceived

• Page 4, Line 24Persons Protection Act" while preserving the important transparency and reporting requirements.

• Page 5, Line 1SECTION 3.  In Colorado Revised Statutes, add 25-57-113 as follows:

• Page 5, Line 225-57-113.  Reproductive health care - fertility treatment -

• Page 5, Line 3protections - definitions. (1)  As used in this section, unless the context otherwise requires:

• Page 5, Line 4(a)  "Fertility treatment" means any test, procedure,

• Page 5, Line 5medication, surgery, or service to diagnose, enhance, or assist

• Page 5, Line 6an individual's ability to reproduce or achieve pregnancy, including, but not limited to:

• Page 5, Line 7(I)  In vitro fertilization;

• (II)  Intrauterine insemination;

• Page 5, Line 8(III)  Ovulation induction;

• (IV)  Testicular or ovarian biopsy;

• Page 5, Line 9(V)  Embryo biopsy;

• Page 5, Line 10(VI)  Cryopreservation and thawing of gametes and embryos;

• Page 5, Line 11(VII)  Cryopreservation of testicular and ovarian tissue;

• Page 5, Line 12(VIII)  Storage, donation, or disposal of gametes, embryos, or reproductive tissue;

• Page 5, Line 13(IX)  Pre-implantation genetic testing, or any other medical screening or evaluation of embryos or gametes;

• Page 5, Line 14(X)  Donation of sperm or eggs; and

• (XI)  Surrogacy.

• Page 5, Line 15(b)  "Reproductive health care" means, but is not limited to:

• Page 5, Line 16(I)  Family planning;

• (II)  Contraception;

• Page 6, Line 1(III)  Sterilization;

• (IV)  Pre-conception care;

• Page 6, Line 2(V)  Maternity care;

• (VI)  Postpartum care;

• Page 6, Line 3(VII)  Abortion care;

• (VIII)  Emergency contraception;

• Page 6, Line 4(IX)  Fertility services;

• (X)  Counseling regarding reproductive health care; and

• Page 6, Line 5(XI)  Referral services regarding reproductive health care.

• Page 6, Line 6(2) (a)  Every individual has a fundamental right to make

• Page 6, Line 7autonomous decisions about the individual's own reproductive

• Page 6, Line 8health, including the fundamental right to use or refuse

• Page 6, Line 9reproductive health care and the ability, without government restriction, to:

• Page 6, Line 10(I)  Use gametes and embryos;

• (II)  Destroy gametes and embryos; or

• Page 6, Line 11(III)  Donate gametes and embryos to third parties for procreation or research.

• Page 6, Line 12(b)  The state shall not deny, restrict, interfere with, or

• Page 6, Line 13discriminate against an individual's exercise of the fundamental

• Page 6, Line 14rights set forth in this subsection (2), including individuals under state custody, control, or supervision.

• Page 6, Line 15(3)  The state and local governments shall not interfere

• Page 6, Line 16with or restrict a physician or licensed medical provider's

• Page 6, Line 17ability to provide reproductive health care, as defined in this section.

• Page 7, Line 1(4)  It is contrary to the public policy of this state to

• Page 7, Line 2permit an individual to bring a civil or criminal action

• Page 7, Line 3authorized in another state against an individual in this state for engaging or attempting to engage in the following conduct:

• Page 7, Line 4(a)  Terminating or seeking to terminate a pregnancy;

• Page 7, Line 5(b)  Performing or inducing the termination of a pregnancy;

• Page 7, Line 6(c)  Knowingly engaging in conduct that aids or abets the performance or inducement of the termination of pregnancy;

• Page 7, Line 7(d)  Providing reproductive health care, as defined in this section; or

• Page 7, Line 8(e)  Providing fertility treatment, as defined in this section.

• Page 7, Line 9SECTION 4.  In Colorado Revised Statutes, 25-57-104, amend (1) as follows:

• Page 7, Line 1025-57-104.  Collection of identifying information and medical

• Page 7, Line 11history - applicability. (1)  Except as provided in subsection (3) of this

• Page 7, Line 12section, a gamete agency, gamete bank, or fertility clinic that collects

• Page 7, Line 13gametes from a donor or matches a donor with a recipient shall collect the

• Page 7, Line 14donor's identifying information and medical history. and shall make a

• Page 7, Line 15good faith effort to maintain current contact information and updates on

• Page 7, Line 16the medical history of the donor by requesting updates from the donor at least once every three years.

• Page 7, Line 17SECTION 5.  In Colorado Revised Statutes, 25-57-106, amend (1) as follows:

• Page 7, Line 1825-57-106.  Disclosure of identifying information and medical

• Page 8, Line 1history - applicability. (1)  Except as provided in subsection (4) of this

• Page 8, Line 2section, upon the request of a donor-conceived person who is eighteen

• Page 8, Line 3years of age or older, a gamete agency, gamete bank, or fertility clinic that

• Page 8, Line 4matched or collected the gametes used in the assisted reproduction of

• Page 8, Line 5such the donor-conceived person shall provide the donor-conceived

• Page 8, Line 6person with the identifying information of the donor who provided the

• Page 8, Line 7gametes or embryo. A gamete agency, gamete bank, or fertility clinic

• Page 8, Line 8shall not impede or prohibit compliance with this section or communication between

• Page 8, Line 9(a)   an adult donor-conceived person and the donor whose gametes were used to conceive the donor-conceived person. or

• Page 8, Line 10(b)  An adult donor-conceived person and the person's friends,

• Page 8, Line 11family, or other third parties about the donor whose gametes were used to conceive the donor-conceived person.

• Page 8, Line 12SECTION 6.  In Colorado Revised Statutes, 25-57-107, amend (1) introductory portion; and repeal (3), (4), (5), (6), and (7) as follows:

• Page 8, Line 1325-57-107.  Record keeping. (1)  Except as provided in subsection

• Page 8, Line 14(6) of this section, A gamete agency, gamete bank, or fertility clinic shall permanently maintain:

• Page 8, Line 15(3)  Except as provided in subsection (6) of this section, in its

• Page 8, Line 16application for a license pursuant to section 25-57-110, a gamete agency,

• Page 8, Line 17gamete bank, or fertility clinic shall submit a proposed plan to

• Page 8, Line 18permanently maintain the records described in subsections (1) and (2) of

• Page 8, Line 19this section in the event of dissolution, insolvency, or bankruptcy. The

• Page 8, Line 20plan may include identification of a named entity to receive or maintain

• Page 8, Line 21the records, obtaining a surety bond in favor of a third party in an amount

• Page 8, Line 22sufficient to cover the costs of permanent record keeping, an obligation

• Page 9, Line 1to condition any sale on the acquiring entity's obligation to maintain

• Page 9, Line 2records consistent with this section, or similar methods. The department

• Page 9, Line 3shall not issue a license pursuant to section 25-57-110 until it approves a

• Page 9, Line 4plan that it finds sufficient to ensure that the records will be permanently maintained by a viable entity.

• Page 9, Line 5(4)  Except as provided in subsection (6) of this section, upon

• Page 9, Line 6dissolution, insolvency, or bankruptcy, a gamete agency, gamete bank, or fertility clinic shall:

• Page 9, Line 7(a)  Implement the plan approved by the department pursuant to subsection (3) of this section;

• Page 9, Line 8(b)  File with the department a statement providing the name and

• Page 9, Line 9contact information of the successor entity, if any, that will receive and

• Page 9, Line 10maintain the records described in subsections (1) and (2) of this section; and

• Page 9, Line 11(c)  Inform by mail and electronic mail sent to the last-known

• Page 9, Line 12address on file all gamete donors whose gametes were collected, matched,

• Page 9, Line 13or received by the gamete agency, gamete bank, or fertility clinic, as well

• Page 9, Line 14as recipient parents who received gametes or embryos from the gamete

• Page 9, Line 15agency, gamete bank, or fertility clinic and reported a pregnancy or live

• Page 9, Line 16birth, the name and contact information of the successor entity that will

• Page 9, Line 17receive and maintain the records described in subsections (1) and (2) of this section.

• Page 9, Line 18(5)  A gamete agency, gamete bank, or fertility clinic shall comply

• Page 9, Line 19with reporting requirements about gamete screening and testing in

• Page 9, Line 20accordance with federal law and applicable laws of this state other than those set forth in this article 57.

• Page 9, Line 21(6)  A gamete bank or fertility clinic that collects gametes from a

• Page 10, Line 1donor who was matched with a recipient by a gamete agency that is a

• Page 10, Line 2separate entity is not subject to the requirements of subsection (1), (3), or (4) of this section.

• Page 10, Line 3(7) (a)  Subsection (2) of this section applies only to gametes or embryos matched or received on or after July 1, 2024.

• Page 10, Line 4(b)  Subsections (1), (3), and (4) of this section apply only to

• Page 10, Line 5gametes matched or collected on or after January 1, 2025, for use by a

• Page 10, Line 6recipient parent or parents who are unknown to the donor at the time of the donation.

• Page 10, Line 7SECTION 7.  In Colorado Revised Statutes, 25-57-108, amend

• Page 10, Line 8(1) introductory portion, (2) introductory portion, and (4) introductory portion; and repeal (1)(f) as follows:

• Page 10, Line 925-57-108.  Written materials for recipient parents and gamete

• Page 10, Line 10donors. (1)  On or before January 1, 2025, the department January 1,

• Page 10, Line 112026, gamete agencies, gamete banks, and fertility clinics shall

• Page 10, Line 12develop written materials for intended recipient parents. The department

• Page 10, Line 13shall develop the materials in conjunction with licensed mental health

• Page 10, Line 14professionals who have prior documented experience counseling gamete

• Page 10, Line 15donors, recipients, and donor-conceived persons, as well as experience

• Page 10, Line 16and competency in counseling families with lesbian, gay, bisexual, and

• Page 10, Line 17transgender parents and single parents, along with organizations

• Page 10, Line 18representing these communities. The written materials must meet

• Page 10, Line 19the minimum standards set by the American Society of

• Page 10, Line 20Reproductive Medicine and the American Academy of Pediatrics

• Page 10, Line 21regarding assisted reproduction. The materials must include information on the following: subjects:

• Page 10, Line 22(f)  Future implications of receiving medical history updates about the donor or other persons conceived with the same donor's gametes.

• Page 11, Line 1(2)  On or before January 1, 2025, the department January 1,

• Page 11, Line 22026, gamete agencies, gamete banks, and fertility clinics shall

• Page 11, Line 3develop written materials for gamete donors. The department shall

• Page 11, Line 4develop the materials in conjunction with licensed mental health

• Page 11, Line 5professionals who have prior documented experience counseling gamete

• Page 11, Line 6donors, recipients, and donor-conceived persons, as well as experience

• Page 11, Line 7and competency in counseling families with lesbian, gay, bisexual, and

• Page 11, Line 8transgender parents and single parents, along with organizations

• Page 11, Line 9representing these communities. The written materials must meet

• Page 11, Line 10the minimum standards set by the American Society of

• Page 11, Line 11Reproductive Medicine and the American Academy of Pediatrics

• Page 11, Line 12regarding assisted reproduction. The materials must include information on the following: subjects:

• Page 11, Line 13(4)  A gamete agency, gamete bank, or fertility clinic located

• Page 11, Line 14outside of Colorado that either matches donors to or provides An

• Page 11, Line 15individual who either matches donors or provides gametes or embryos to recipients in Colorado shall:

• Page 11, Line 16SECTION 8.  In Colorado Revised Statutes, 25-57-109, amend (1)(a) as follows:

• Page 11, Line 1725-57-109.  Donor age limits - limits on number of families per

• Page 11, Line 18donor - limits on egg-retrieval cycles per ovum donor - rules -

• Page 11, Line 19applicability. (1) (a)  Except as provided in subsection (4) of this section,

• Page 11, Line 20a gamete agency, gamete bank, or fertility clinic shall make a good faith

• Page 11, Line 21effort to determine how many families are established with gametes

• Page 11, Line 22matched or provided by the gamete agency, gamete bank, or fertility

• Page 11, Line 23clinic from each donor by conducting sufficient record-keeping, requiring

• Page 12, Line 1recommending recipients as a condition of receiving donor gametes, to

• Page 12, Line 2provide information on live births, and requesting information from

• Page 12, Line 3recipients on live births, and using industry best practices, including

• Page 12, Line 4methods or processes to account for the number or percentage of live

• Page 12, Line 5births that are likely not reported, such as the correlation between the

• Page 12, Line 6number of units of donor gametes sold or released and the resulting live

• Page 12, Line 7births. A gamete agency, gamete bank, or fertility clinic shall not match

• Page 12, Line 8or provide gametes from a donor to additional families once the gamete

• Page 12, Line 9agency, gamete bank, or fertility clinic has record of or should reasonably

• Page 12, Line 10know that twenty-five families have been established using a single

• Page 12, Line 11donor's gametes in or outside of Colorado, with no limit on the number

• Page 12, Line 12of children conceived by each of the families, unless the donor requests,

• Page 12, Line 13and the gamete agency, gamete bank, or fertility clinic agrees to, a lower

• Page 12, Line 14limit on the number of families. This limit does not include any children

• Page 12, Line 15conceived by the donor as a parent or children conceived with the donor's

• Page 12, Line 16gametes when the donor is known to the recipient parent or parents at the

• Page 12, Line 17time of the donation. This limit does not include donations of embryos from one family to another family.

• Page 12, Line 18SECTION 9.  In Colorado Revised Statutes, 25-57-110, amend (2)(a), (3)(a)(I), and (6)(b); and repeal (3)(a)(III) as follows:

• Page 12, Line 1925-57-110.  License required - application - inspection -

• Page 12, Line 20issuance, denial, suspension, or revocation - fees - civil penalties -

• Page 12, Line 21rules. (2) (a)  A gamete agency, gamete bank, or fertility clinic shall

• Page 12, Line 22submit an annual application and fee every five years for a license to operate on the form and in the manner prescribed by the department.

• Page 12, Line 23(3) (a) (I)  The department shall investigate and review each

• Page 12, Line 24original application and each renewal application for a license to operate

• Page 13, Line 1as a gamete agency, gamete bank, or fertility clinic. The department shall

• Page 13, Line 2require all applicants to submit information in the original and renewal

• Page 13, Line 3application process to document compliance with licensing requirements.

• Page 13, Line 4Subject to available appropriations, the department may, as it deems

• Page 13, Line 5necessary, perform on-site inspections or complaint investigations of a

• Page 13, Line 6gamete agency, gamete bank, or fertility clinic located outside of

• Page 13, Line 7Colorado. The department shall determine an applicant's compliance with

• Page 13, Line 8this article 57, and the rules adopted pursuant to this article 57, for the

• Page 13, Line 9collection and provision of gametes from donors who are unknown to a recipient at the time of the donation before issuing a license.

• Page 13, Line 10(III)  When investigating or reviewing the records of a gamete

• Page 13, Line 11agency, gamete bank, or fertility clinic located outside of Colorado, the

• Page 13, Line 12department shall investigate and review only the records pertaining to

• Page 13, Line 13donors whose gametes or embryos were matched or provided to recipients in Colorado.

• Page 13, Line 14(6) (b)  The department may assess a civil penalty of not more than

• Page 13, Line 15twenty thousand dollars, adjusted annually for inflation, based on the

• Page 13, Line 16annual percentage change in the United States department of labor's

• Page 13, Line 17bureau of labor statistics consumer price index for

• Page 13, Line 18Denver-Aurora-Lakewood for all items paid by all urban consumers, or

• Page 13, Line 19its applicable predecessor or successor index, assess a civil penalty,

• Page 13, Line 20after the state board conducts a hearing and finds a violation,

• Page 13, Line 21for each day the person is in violation of this article 57. The assessed

• Page 13, Line 22penalty accrues from the date the department finds that the person,

• Page 13, Line 23corporation, or entity is in violation of this article 57. The department

• Page 13, Line 24shall assess, enforce, and collect the penalty in accordance with article 4

• Page 13, Line 25of title 24 and credit the money to the general fund. Enforcement and

• Page 14, Line 1collection of the penalty occurs following the decision reached in accordance with procedures set forth in section 24-4-105.

• Page 14, Line 2SECTION 10.  Safety clause. The general assembly finds,

• Page 14, Line 3determines, and declares that this act is necessary for the immediate

• Page 14, Line 4preservation of the public peace, health, or safety or for appropriations for

• Page 14, Line 5the support and maintenance of the departments of the state and state institutions.