House Bill 25-1259 Preamended

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.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• 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); and add (1.5) 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 17(1.5) (a)  A gamete agency, gamete bank, or fertility clinic

• Page 7, Line 18shall encourage a donor to inform the gamete agency, gamete

• Page 7, Line 19bank, or fertility clinic if the donor experienced a clinically significant adverse medical health implication after donation.

• Page 8, Line 1(b)  A gamete agency, gamete bank, or fertility clinic

• Page 8, Line 2shall encourage a recipient parent to inform the gamete agency,

• Page 8, Line 3gamete bank, or fertility clinic if the recipient parent's

• Page 8, Line 4donor-conceived child experiences a clinically significant adverse medical health implication.

• Page 8, Line 5(c)  A gamete agency, gamete bank, or fertility clinic shall

• Page 8, Line 6document a donor or recipient parent's report of a clinically significant adverse medical health implication after donation.

• Page 8, Line 7(d)  A gamete agency, gamete bank, or fertility clinic

• Page 8, Line 8shall disseminate notice of a clinically significant adverse

• Page 8, Line 9medical health implication to other recipients of the donor's

• Page 8, Line 10gametes, in accordance with the guidelines from the American Society for Reproductive Medicine.

• Page 8, Line 11SECTION 5.  In Colorado Revised Statutes, 25-57-106, amend (1) as follows:

• Page 8, Line 1225-57-106.  Disclosure of identifying information and medical

• Page 8, Line 13history - applicability. (1)  Except as provided in subsection (4) of this

• Page 8, Line 14section, upon the request of a donor-conceived person who is eighteen

• Page 8, Line 15years of age or older, a gamete agency, gamete bank, or fertility clinic that

• Page 8, Line 16matched or collected the gametes used in the assisted reproduction of

• Page 8, Line 17such the donor-conceived person shall provide the donor-conceived

• Page 8, Line 18person with the identifying information of the donor who provided the

• Page 8, Line 19gametes or embryo. A gamete agency, gamete bank, or fertility clinic

• Page 8, Line 20shall not impede or prohibit compliance with this section or communication between:

• Page 8, Line 21(a)  An adult donor-conceived person and the donor whose gametes were used to conceive the donor-conceived person; or

• Page 9, Line 1(b)  An adult donor-conceived person and the person's friends,

• Page 9, Line 2family, or other third parties about the donor whose gametes were used

• Page 9, Line 3to conceive the donor-conceived person. The donor-conceived person

• Page 9, Line 4has the right, in accordance with relevant laws, to contact the

• Page 9, Line 5donor. The donor has a right to respond, engage, or decline contact and communication.

• Page 9, Line 6(c)  A gamete agency, gamete bank, or fertility clinic is

• Page 9, Line 7encouraged to provide information to a donor-conceived person

• Page 9, Line 8regarding the physical and emotional risks associated with publicly releasing a donor's private and sensitive information.

• Page 9, Line 9SECTION 6.  In Colorado Revised Statutes, 25-57-107, amend

• Page 9, Line 10(1) introductory portion and (2); and repeal (3), (4), (5), (6), and (7) as follows:

• Page 9, Line 1125-57-107.  Record keeping. (1)  Except as provided in subsection

• Page 9, Line 12(6) of this section, A gamete agency, gamete bank, or fertility clinic shall permanently maintain:

• Page 9, Line 13(2)  A gamete agency, gamete bank, or fertility clinic that receives

• Page 9, Line 14gametes or embryos from another gamete agency, gamete bank, or

• Page 9, Line 15fertility clinic shall permanently maintain the name, address, telephone

• Page 9, Line 16number, and e-mail address of the gamete agency, gamete bank, or

• Page 9, Line 17fertility clinic from which it received the gametes or embryos. A gamete

• Page 9, Line 18bank or fertility clinic that collected gametes from a donor who was

• Page 9, Line 19matched with a recipient by a gamete agency that is a separate entity shall

• Page 9, Line 20permanently maintain the name, address, telephone number, and e-mail

• Page 9, Line 21address of the gamete agency that matched the donor and the recipient. A

• Page 9, Line 22gamete agency, gamete bank, or fertility clinic shall create a

• Page 10, Line 1plan to permanently maintain the information as required by

• Page 10, Line 2this section and shall make the plan available for inspection upon request by the department.

• Page 10, Line 3(3)  Except as provided in subsection (6) of this section, in its

• Page 10, Line 4application for a license pursuant to section 25-57-110, a gamete agency,

• Page 10, Line 5gamete bank, or fertility clinic shall submit a proposed plan to

• Page 10, Line 6permanently maintain the records described in subsections (1) and (2) of

• Page 10, Line 7this section in the event of dissolution, insolvency, or bankruptcy. The

• Page 10, Line 8plan may include identification of a named entity to receive or maintain

• Page 10, Line 9the records, obtaining a surety bond in favor of a third party in an amount

• Page 10, Line 10sufficient to cover the costs of permanent record keeping, an obligation

• Page 10, Line 11to condition any sale on the acquiring entity's obligation to maintain

• Page 10, Line 12records consistent with this section, or similar methods. The department

• Page 10, Line 13shall not issue a license pursuant to section 25-57-110 until it approves a

• Page 10, Line 14plan that it finds sufficient to ensure that the records will be permanently maintained by a viable entity.

• Page 10, Line 15(4)  Except as provided in subsection (6) of this section, upon

• Page 10, Line 16dissolution, insolvency, or bankruptcy, a gamete agency, gamete bank, or fertility clinic shall:

• Page 10, Line 17(a)  Implement the plan approved by the department pursuant to subsection (3) of this section;

• Page 10, Line 18(b)  File with the department a statement providing the name and

• Page 10, Line 19contact information of the successor entity, if any, that will receive and

• Page 10, Line 20maintain the records described in subsections (1) and (2) of this section; and

• Page 10, Line 21(c)  Inform by mail and electronic mail sent to the last-known

• Page 10, Line 22address on file all gamete donors whose gametes were collected, matched,

• Page 11, Line 1or received by the gamete agency, gamete bank, or fertility clinic, as well

• Page 11, Line 2as recipient parents who received gametes or embryos from the gamete

• Page 11, Line 3agency, gamete bank, or fertility clinic and reported a pregnancy or live

• Page 11, Line 4birth, the name and contact information of the successor entity that will

• Page 11, Line 5receive and maintain the records described in subsections (1) and (2) of this section.

• Page 11, Line 6(5)  A gamete agency, gamete bank, or fertility clinic shall comply

• Page 11, Line 7with reporting requirements about gamete screening and testing in

• Page 11, Line 8accordance with federal law and applicable laws of this state other than those set forth in this article 57.

• Page 11, Line 9(6)  A gamete bank or fertility clinic that collects gametes from a

• Page 11, Line 10donor who was matched with a recipient by a gamete agency that is a

• Page 11, Line 11separate entity is not subject to the requirements of subsection (1), (3), or (4) of this section.

• Page 11, Line 12(7) (a)  Subsection (2) of this section applies only to gametes or embryos matched or received on or after July 1, 2024.

• Page 11, Line 13(b)  Subsections (1), (3), and (4) of this section apply only to

• Page 11, Line 14gametes matched or collected on or after January 1, 2025, for use by a

• Page 11, Line 15recipient parent or parents who are unknown to the donor at the time of the donation.

• Page 11, Line 16SECTION 7.  In Colorado Revised Statutes, 25-57-108, amend

• Page 11, Line 17(1) introductory portion, (2) introductory portion, and (4) introductory portion; and repeal (1)(f) as follows:

• Page 11, Line 1825-57-108.  Written materials for recipient parents and gamete

• Page 11, Line 19donors. (1)  On or before January 1, 2025, the department January 1,

• Page 11, Line 202026, gamete agencies, gamete banks, and fertility clinics shall

• Page 11, Line 21develop written materials for intended recipient parents. The department

• Page 12, Line 1shall develop the materials in conjunction with licensed mental health

• Page 12, Line 2professionals who have prior documented experience counseling gamete

• Page 12, Line 3donors, recipients, and donor-conceived persons, as well as experience

• Page 12, Line 4and competency in counseling families with lesbian, gay, bisexual, and

• Page 12, Line 5transgender parents and single parents, along with organizations

• Page 12, Line 6representing these communities. The written materials must meet

• Page 12, Line 7the minimum standards set by the American Society of

• Page 12, Line 8Reproductive Medicine and the American Academy of Pediatrics

• Page 12, Line 9regarding assisted reproduction. The materials must include information on the following: subjects:

• Page 12, Line 10(f)  Future implications of receiving medical history updates about the donor or other persons conceived with the same donor's gametes.

• Page 12, Line 11(2)  On or before January 1, 2025, the department January 1,

• Page 12, Line 122026, gamete agencies, gamete banks, and fertility clinics shall

• Page 12, Line 13develop written materials for gamete donors. The department shall

• Page 12, Line 14develop the materials in conjunction with licensed mental health

• Page 12, Line 15professionals who have prior documented experience counseling gamete

• Page 12, Line 16donors, recipients, and donor-conceived persons, as well as experience

• Page 12, Line 17and competency in counseling families with lesbian, gay, bisexual, and

• Page 12, Line 18transgender parents and single parents, along with organizations

• Page 12, Line 19representing these communities. The written materials must meet

• Page 12, Line 20the minimum standards set by the American Society of

• Page 12, Line 21Reproductive Medicine and the American Academy of Pediatrics

• Page 12, Line 22regarding assisted reproduction. The materials must include information on the following: subjects:

• Page 12, Line 23(4)  A gamete agency, gamete bank, or fertility clinic located

• Page 12, Line 24outside of Colorado that either matches donors to or provides An

• Page 13, Line 1individual who either matches donors or provides gametes or embryos to recipients in Colorado shall:

• Page 13, Line 2SECTION 8.  In Colorado Revised Statutes, 25-57-109, amend(1)(a); and add (1)(c) as follows:

• Page 13, Line 325-57-109.  Donor age limits - limits on number of families per

• Page 13, Line 4donor - restriction on dissemination of gametes - limits on

• Page 13, Line 5egg-retrieval cycles per ovum donor - rules - applicability.

• Page 13, Line 6(1) (a)  Except as provided in subsection (4) of this section, a gamete

• Page 13, Line 7agency, gamete bank, or fertility clinic shall make a good faith effort to

• Page 13, Line 8determine how many families are established with gametes matched or

• Page 13, Line 9provided by the gamete agency, gamete bank, or fertility clinic from each

• Page 13, Line 10donor by conducting sufficient record-keeping, requiring recommending

• Page 13, Line 11recipients as a condition of receiving donor gametes, to provide

• Page 13, Line 12information on live births, and requesting information from recipients on

• Page 13, Line 13live births, and using industry best practices, including methods or

• Page 13, Line 14processes to account for the number or percentage of live births that are

• Page 13, Line 15likely not reported, such as the correlation between the number of units

• Page 13, Line 16of donor gametes sold or released and the resulting live births. A gamete

• Page 13, Line 17agency, gamete bank, or fertility clinic shall not match or provide gametes

• Page 13, Line 18from a donor to additional families once the gamete agency, gamete bank,

• Page 13, Line 19or fertility clinic has record of or should reasonably know that twenty-five

• Page 13, Line 20families have been established using a single donor's gametes in or

• Page 13, Line 21outside of Colorado, with no limit on the number of children conceived

• Page 13, Line 22by each of the families, unless the donor requests, and the gamete agency,

• Page 13, Line 23gamete bank, or fertility clinic agrees to, a lower limit on the number of

• Page 13, Line 24families. This limit does not include any children conceived by the donor

• Page 13, Line 25as a parent or children conceived with the donor's gametes when the

• Page 14, Line 1donor is known to the recipient parent or parents at the time of the

• Page 14, Line 2donation. This limit does not include donations of embryos from one family to another family.

• Page 14, Line 3(c)  A gamete agency, gamete bank, or fertility clinic shall

• Page 14, Line 4not disseminate a donor's gametes to any additional recipients

• Page 14, Line 5without the recipient's informed written consent if the donor

• Page 14, Line 6informs the gamete agency, gamete bank, or fertility clinic that

• Page 14, Line 7the donor experienced a clinically significant adverse medical health implication after donation.

• Page 14, Line 8SECTION 9.  In Colorado Revised Statutes, 25-57-110, amend(2)(a) and (3)(a)(I); and repeal (3)(a)(III) as follows:

• Page 14, Line 925-57-110.  License required - application - inspection -

• Page 14, Line 10issuance, denial, suspension, or revocation - fees - civil penalties -

• Page 14, Line 11rules. (2) (a)  A gamete agency, gamete bank, or fertility clinic shall

• Page 14, Line 12submit 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 14, Line 13(3) (a) (I)  The department shall investigate and review each

• Page 14, Line 14original application and each renewal application for a license to operate

• Page 14, Line 15as a gamete agency, gamete bank, or fertility clinic. The department shall

• Page 14, Line 16require all applicants to submit information in the original and renewal

• Page 14, Line 17application process to document compliance with licensing requirements.

• Page 14, Line 18Subject to available appropriations, the department may, as it deems

• Page 14, Line 19necessary, perform on-site inspections or complaint investigations of a

• Page 14, Line 20gamete agency, gamete bank, or fertility clinic located outside of

• Page 14, Line 21Colorado. The department shall determine an applicant's compliance with

• Page 14, Line 22this article 57, and the rules adopted pursuant to this article 57, for the

• Page 14, Line 23collection and provision of gametes from donors who are unknown to a recipient at the time of the donation before issuing a license.

• Page 15, Line 1(III)  When investigating or reviewing the records of a gamete

• Page 15, Line 2agency, gamete bank, or fertility clinic located outside of Colorado, the

• Page 15, Line 3department shall investigate and review only the records pertaining to

• Page 15, Line 4donors whose gametes or embryos were matched or provided to recipients in Colorado.

• Page 15, Line 6SECTION 10.  Safety clause. The general assembly finds,

• Page 15, Line 7determines, and declares that this act is necessary for the immediate

• Page 15, Line 8preservation of the public peace, health, or safety or for appropriations for

• Page 15, Line 9the support and maintenance of the departments of the state and state institutions.