House Bill 25-1259 Reengrossed

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)  Every individual has a right to make autonomous

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

• Page 6, Line 8including the right to use or refuse reproductive healthcare,

• Page 6, Line 9including the right to use gametes and embryos, destroy

• Page 6, Line 10gametes and embryos, and including the right to donate gametes and embryos to third parties for procreation or research.

• Page 6, Line 11(3)  The state and local governments shall not interfere

• Page 6, Line 12with or restrict a physician or licensed medical provider's

• Page 6, Line 13ability to provide reproductive health care, as defined in this section.

• Page 6, Line 14(4)  It is contrary to the public policy of this state to

• Page 6, Line 15permit an individual to bring a civil or criminal action

• Page 6, Line 16authorized in another state against an individual in this state for engaging or attempting to engage in the following conduct:

• Page 6, Line 17(a)  Terminating or seeking to terminate a pregnancy;

• Page 6, Line 18(b)  Performing or inducing the termination of a pregnancy;

• Page 7, Line 1(c)  Knowingly engaging in conduct that aids or abets the performance or inducement of the termination of pregnancy;

• Page 7, Line 2(d)  Providing reproductive health care, as defined in this section; or

• Page 7, Line 3(e)  Providing fertility treatment, as defined in this section.

• Page 7, Line 4SECTION 4.  In Colorado Revised Statutes, 25-57-104, amend(1); and add (1.5) as follows:

• Page 7, Line 525-57-104.  Collection of identifying information and medical

• Page 7, Line 6history - applicability. (1)  Except as provided in subsection (3) of this

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

• Page 7, Line 8gametes from a donor or matches a donor with a recipient shall collect the

• Page 7, Line 9donor's identifying information and medical history. and shall make a

• Page 7, Line 10good faith effort to maintain current contact information and updates on

• Page 7, Line 11the medical history of the donor by requesting updates from the donor at least once every three years.

• Page 7, Line 12(1.5) (a)  A gamete agency, gamete bank, or fertility clinic

• Page 7, Line 13shall encourage a donor to inform the gamete agency, gamete bank, or fertility clinic of significant medical history updates.

• Page 7, Line 14(b)  A gamete agency, gamete bank, or fertility clinic

• Page 7, Line 15shall document a donor's or recipient parent's report of any

• Page 7, Line 16significant medical history updates, and the information shall

• Page 7, Line 17be retained as part of the records referenced in section 25-57-107.

• Page 7, Line 18(c)  A gamete agency, gamete bank, or fertility clinic shall

• Page 7, Line 19document a donor or recipient parent's report ofsignificant medical history updates.

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

• Page 8, Line 2shall disseminate notice of significant medical history updates

• Page 8, Line 3to other recipients of the donor's gametes, in accordance with

• Page 8, Line 4the guidelines from the American Society for Reproductive Medicine.

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

• Page 8, Line 625-57-106.  Disclosure of identifying information and medical

• Page 8, Line 7history - applicability. (1)  Except as provided in subsection (4) of this

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

• Page 8, Line 9years of age or older, a gamete agency, gamete bank, or fertility clinic that

• Page 8, Line 10matched or collected the gametes used in the assisted reproduction of

• Page 8, Line 11such the donor-conceived person shall provide the donor-conceived

• Page 8, Line 12person with the identifying information of the donor who provided the

• Page 8, Line 13gametes or embryo. A gamete agency, gamete bank, or fertility clinic

• Page 8, Line 14shall not impede or prohibit compliance with this section or communication between:

• Page 8, Line 15(a)  An adult donor-conceived person and the donor whose gametes were used to conceive the donor-conceived person; or

• Page 8, Line 16(b)  An adult donor-conceived person and the person's friends,

• Page 8, Line 17family, or other third parties about the donor whose gametes were used

• Page 8, Line 18to conceive the donor-conceived person. The donor-conceived person

• Page 8, Line 19has the right, in accordance with relevant laws, to contact the

• Page 8, Line 20donor. The donor has a right to respond, engage, or decline contact and communication.

• Page 8, Line 21(c)  A gamete agency, gamete bank, or fertility clinic is

• Page 9, Line 1encouraged to provide information to a donor-conceived person

• Page 9, Line 2regarding the physical and emotional risks associated with publicly releasing a donor's private and sensitive information.

• Page 9, Line 3SECTION 6.  In Colorado Revised Statutes, 25-57-107, amend

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

• Page 9, Line 525-57-107.  Record keeping. (1)  Except as provided in subsection

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

• Page 9, Line 7(2)  A gamete agency, gamete bank, or fertility clinic that receives

• Page 9, Line 8gametes or embryos from another gamete agency, gamete bank, or

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

• Page 9, Line 10number, and e-mail address of the gamete agency, gamete bank, or

• Page 9, Line 11fertility clinic from which it received the gametes or embryos. A gamete

• Page 9, Line 12bank or fertility clinic that collected gametes from a donor who was

• Page 9, Line 13matched with a recipient by a gamete agency that is a separate entity shall

• Page 9, Line 14permanently maintain the name, address, telephone number, and e-mail

• Page 9, Line 15address of the gamete agency that matched the donor and the recipient. A

• Page 9, Line 16gamete agency, gamete bank, or fertility clinic shall create a

• Page 9, Line 17plan to permanently maintain the information as required by

• Page 9, Line 18this section, including in the case of dissolution, insolvency, or

• Page 9, Line 19bankruptcy, and shall make the plan available for inspection upon request by the department.

• Page 9, Line 20(3)  Except as provided in subsection (6) of this section, in its

• Page 9, Line 21application for a license pursuant to section 25-57-110, a gamete agency,

• Page 9, Line 22gamete bank, or fertility clinic shall submit a proposed plan to

• Page 9, Line 23permanently maintain the records described in subsections (1) and (2) of

• Page 10, Line 1this section in the event of dissolution, insolvency, or bankruptcy. The

• Page 10, Line 2plan may include identification of a named entity to receive or maintain

• Page 10, Line 3the records, obtaining a surety bond in favor of a third party in an amount

• Page 10, Line 4sufficient to cover the costs of permanent record keeping, an obligation

• Page 10, Line 5to condition any sale on the acquiring entity's obligation to maintain

• Page 10, Line 6records consistent with this section, or similar methods. The department

• Page 10, Line 7shall not issue a license pursuant to section 25-57-110 until it approves a

• Page 10, Line 8plan that it finds sufficient to ensure that the records will be permanently maintained by a viable entity.

• Page 10, Line 9(4)  Except as provided in subsection (6) of this section, upon

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

• Page 10, Line 11(a)  Implement the plan approved by the department pursuant to subsection (3) of this section;

• Page 10, Line 12(b)  File with the department a statement providing the name and

• Page 10, Line 13contact information of the successor entity, if any, that will receive and

• Page 10, Line 14maintain the records described in subsections (1) and (2) of this section; and

• Page 10, Line 15(c)  Inform by mail and electronic mail sent to the last-known

• Page 10, Line 16address on file all gamete donors whose gametes were collected, matched,

• Page 10, Line 17or received by the gamete agency, gamete bank, or fertility clinic, as well

• Page 10, Line 18as recipient parents who received gametes or embryos from the gamete

• Page 10, Line 19agency, gamete bank, or fertility clinic and reported a pregnancy or live

• Page 10, Line 20birth, the name and contact information of the successor entity that will

• Page 10, Line 21receive and maintain the records described in subsections (1) and (2) of this section.

• Page 10, Line 22(5)  A gamete agency, gamete bank, or fertility clinic shall comply

• Page 11, Line 1with reporting requirements about gamete screening and testing in

• Page 11, Line 2accordance with federal law and applicable laws of this state other than those set forth in this article 57.

• Page 11, Line 3(6)  A gamete bank or fertility clinic that collects gametes from a

• Page 11, Line 4donor who was matched with a recipient by a gamete agency that is a

• Page 11, Line 5separate entity is not subject to the requirements of subsection (1), (3), or (4) of this section.

• Page 11, Line 6(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 7(b)  Subsections (1), (3), and (4) of this section apply only to

• Page 11, Line 8gametes matched or collected on or after January 1, 2025, for use by a

• Page 11, Line 9recipient parent or parents who are unknown to the donor at the time of the donation.

• Page 11, Line 10SECTION 7.  In Colorado Revised Statutes, 25-57-108, amend

• Page 11, Line 11(1) introductory portion, (2) introductory portion, and (4) introductory portion; and add (5) as follows:

• Page 11, Line 1225-57-108.  Written materials for recipient parents and gamete

• Page 11, Line 13donors. (1)  On or before January 1, 2025, the department shall may

• Page 11, Line 14develop written materials for intended recipient parents. The department

• Page 11, Line 15shall may develop the materials in conjunction with licensed mental

• Page 11, Line 16health professionals who have prior documented experience counseling

• Page 11, Line 17gamete donors, recipients, and donor-conceived persons, as well as

• Page 11, Line 18experience and competency in counseling families with lesbian, gay,

• Page 11, Line 19bisexual, and transgender parents and single parents, along with

• Page 11, Line 20organizations representing these communities. The department shall

• Page 11, Line 21post the written material on its website, which is deemed

• Page 11, Line 22sufficient to meet the requirements in subsections (3) and (4) of

• Page 12, Line 1this section. Gamete agencies, gamete banks, and fertility clinics

• Page 12, Line 2are not required to use the written materials developed by the

• Page 12, Line 3department. The materials must include information on the following subjects:

• Page 12, Line 4(2)  On or before January 1, 2025, the department shall may

• Page 12, Line 5develop written materials for gamete donors. The department shall

• Page 12, Line 6develop the materials in conjunction with licensed mental health

• Page 12, Line 7professionals who have prior documented experience counseling gamete

• Page 12, Line 8donors, recipients, and donor-conceived persons, as well as experience

• Page 12, Line 9and competency in counseling families with lesbian, gay, bisexual, and

• Page 12, Line 10transgender parents and single parents, along with organizations

• Page 12, Line 11representing these communities. The department shall post the

• Page 12, Line 12written material on its website, which is deemed sufficient to

• Page 12, Line 13meet the requirements in subsections (3) and (4) of this section.

• Page 12, Line 14Gamete agencies, gamete banks, and fertility clinics are not

• Page 12, Line 15required to use the written materials developed by the

• Page 12, Line 16department. The materials must include information on the following subjects:

• Page 12, Line 17(4)  A gamete agency, gamete bank, or fertility clinic located

• Page 12, Line 18outside of Colorado that either matches donors to or provides An

• Page 12, Line 19individual who either matches donors or provides gametes or embryos to recipients in Colorado shall:

• Page 12, Line 20(5)  A gamete agency, gamete bank, or fertility clinic

• Page 12, Line 21shall develop written materials to be shared with intended

• Page 12, Line 22recipient parents and gamete donors based on guidelines for

• Page 12, Line 23psychoeducational counseling published by the American

• Page 12, Line 24Society of Reproductive Medicine.

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

• Page 13, Line 225-57-109.  Donor age limits - limits on number of families per

• Page 13, Line 3donor - restriction on dissemination of gametes - limits on

• Page 13, Line 4egg-retrieval cycles per ovum donor - rules - applicability.

• Page 13, Line 5(1) (a)  Except as provided in subsection (4) of this section, a gamete

• Page 13, Line 6agency, gamete bank, or fertility clinic shall make a good faith effort to

• Page 13, Line 7determine how many families are established with gametes matched or

• Page 13, Line 8provided by the gamete agency, gamete bank, or fertility clinic from each

• Page 13, Line 9donor by conducting sufficient record-keeping, requiringrecipients as a

• Page 13, Line 10condition of receiving donor gametes, to provide information on live

• Page 13, Line 11births, and requesting information from recipients on live births, and

• Page 13, Line 12using industry best practices, including methods or processes to account

• Page 13, Line 13for the number or percentage of live births that are likely not reported,

• Page 13, Line 14such as the correlation between the number of units of donor gametes sold

• Page 13, Line 15or released and the resulting live births. A gamete agency, gamete bank,

• Page 13, Line 16or fertility clinic shall not match or provide gametes from a donor to

• Page 13, Line 17additional families once the gamete agency, gamete bank, or fertility

• Page 13, Line 18clinic has record of or should reasonably know that twenty-five families

• Page 13, Line 19have been established using a single donor's gametes in or outside of

• Page 13, Line 20Colorado, with no limit on the number of children conceived by each of

• Page 13, Line 21the families, unless the donor requests, and the gamete agency, gamete

• Page 13, Line 22bank, or fertility clinic agrees to, a lower limit on the number of families.

• Page 13, Line 23This limit does not include any children conceived by the donor as a

• Page 13, Line 24parent or children conceived with the donor's gametes when the donor is

• Page 13, Line 25known to the recipient parent or parents at the time of the donation. This

• Page 13, Line 26limit does not include donations of embryos from one family to another family.

• Page 14, Line 1(c)  A gamete agency, gamete bank, or fertility clinic shall

• Page 14, Line 2not disseminate a donor's gametes to any additional recipients

• Page 14, Line 3without the recipient's informed written consent if the donor

• Page 14, Line 4informs the gamete agency, gamete bank, or fertility clinic that the donor experienced significant medical history updates.

• Page 14, Line 5SECTION 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 625-57-110.  License required - application - inspection -

• Page 14, Line 7issuance, denial, suspension, or revocation - fees - civil penalties -

• Page 14, Line 8rules. (2) (a)  A gamete agency, gamete bank, or fertility clinic shall

• Page 14, Line 9submit an annual application and fee every two years for a license to

• Page 14, Line 10operate on the form and in the manner prescribed by the department. The

• Page 14, Line 11department may adopt a rule to extend the period of licensure

• Page 14, Line 12up to five years if the department determines the change to be appropriate and in the public interest.

• 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.