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 7(b) The ruling raised great concerns about the impact on, in
Page 2, Line 8particular, provision of women's health-care services, fertility care for all individuals, and assisted reproductive technologies.
Page 3, Line 1(c) After the ruling, IVF clinics in Alabama ceased providing
Page 3, Line 2infertility medical services and also ceased transferring embryos owned
Page 3, Line 3by their patients to clinics outside of Alabama due to potential legal and felony risks if an embryo was inadvertently destroyed.
Page 3, Line 4(2) (a) The Alabama ruling, coupled with new, intrusive, and
Page 3, Line 5difficult-to-implement requirements for gamete donation, has had negative impacts on people seeking fertility treatments in Colorado.
Page 3, Line 6(b) Colorado has been recognized for decades as a medical
Page 3, Line 7destination for those seeking sophisticated and cutting-edge medical care
Page 3, Line 8for infertility. Colorado's fertility clinics are highly respected; the state's
Page 3, Line 9medical practitioners are known as pioneers in assisted reproductive
Page 3, Line 10technologies, or ART medical care; and Colorado continues to advance and provide top-notch ART fertility care.
Page 3, Line 11(c) Equally matching its sophisticated ART medical care,
Page 3, Line 12Colorado also ranks highly among all states due to its progressive laws
Page 3, Line 13and legal protections for children born through assisted reproductive
Page 3, Line 14technologies, laws that ensure donors of gametes (ova and sperm) and
Page 3, Line 15embryos are not considered legal parents of any resulting children, and
Page 3, Line 16the laws protect the parental rights of parents whose children are born
Page 3, Line 17through ART, including through donated gametes and surrogacy.
Page 3, Line 18Children born through ART in Colorado legally are able to know who
Page 3, Line 19their parents are from the moment of birth, and potential parents are
Page 3, Line 20likewise safeguarded due to Colorado's protections, including not
Page 3, Line 21requiring a genetic relationship between parent and child and not
Page 3, Line 22requiring parents to be married, and including opposite gender
Page 3, Line 23individuals' access to ART, making Colorado a top choice for domestic
Page 4, Line 1and international individuals seeking assisted reproduction medical care treatment options.
Page 4, Line 2(3) Therefore, the general assembly declares that:
Page 4, Line 3(a) Colorado should remain a world-class destination for all
Page 4, Line 4people who want to start a family, providing safe, cutting-edge medical care for individuals in need of those services;
Page 4, Line 5(b) It is also important to keep the transparency and rules around
Page 4, Line 6disclosure in order to address the concerns of donor-conceived
Page 4, Line 7individuals while preserving the whole ecosystem of Colorado's
Page 4, Line 8world-class assisted reproduction technologies, infertility medical care options, and gamete donation medical environment; and
Page 4, Line 9(c) This act seeks to streamline implementation of the
Page 4, Line 10provisions of the "Donor-Conceived Persons Protection Act" while preserving the important transparency and reporting requirements.
Page 4, Line 11SECTION 3. In Colorado Revised Statutes, add 25-57-113 as follows:
Page 4, Line 1225-57-113. Reproductive health care - fertility treatment -
Page 4, Line 13protections - definitions. (1) As used in this section, unless the context otherwise requires:
Page 4, Line 14(a) "Fertility treatment" means any test, procedure,
Page 4, Line 15medication, surgery, or service to diagnose, enhance, or assist
Page 4, Line 16an individual's ability to reproduce or achieve pregnancy, including, but not limited to:
Page 4, Line 17(I) In vitro fertilization;
(II) Intrauterine insemination;
Page 4, Line 18(III) Ovulation induction;
Page 4, Line 19(IV) Testicular or ovarian biopsy;
(V) Embryo biopsy;
Page 5, Line 1(VI) Cryopreservation and thawing of gametes and embryos;
Page 5, Line 2(VII) Cryopreservation of testicular and ovarian tissue;
Page 5, Line 3(VIII) Storage, donation, or disposal of gametes, embryos, or reproductive tissue;
Page 5, Line 4(IX) Pre-implantation genetic testing, or any other medical screening or evaluation of embryos or gametes; and
(X) Surrogacy.
Page 5, Line 6(b) "Reproductive health care" has the same meaning set forth in section 25-6-402.
Page 5, Line 8(2) Every individual has a right to make autonomous
Page 5, Line 9decisions about the individual's own reproductive health,
Page 5, Line 10including the right to use or refuse reproductivehealth care,
Page 5, Line 11including the right to use gametes and embryos, destroy
Page 5, Line 12gametes and embryos, and including the right to donate gametes
Page 5, Line 13and embryos to third parties for procreation or research.This
Page 5, Line 14subsection (2) does not prevent or limit the implementation of other provisions of this article 57.
Page 5, Line 15(3) The state and local governments shall not interfere
Page 5, Line 16with or restrict a physician or licensed medical provider's
Page 5, Line 17ability to provide reproductive health care, as defined in this section.
Page 5, Line 18(4) It is contrary to the public policy of this state to
Page 5, Line 19permit an individual to bring a civil or criminal action
Page 6, Line 1authorized in another state against an individual in this state for engaging or attempting to engage in the following conduct:
Page 6, Line 2(a) Terminating or seeking to terminate a pregnancy;
Page 6, Line 3(b) Performing or inducing the termination of a pregnancy;
Page 6, Line 4(c) Knowingly engaging in conduct that aids or abets the performance or inducement of the termination of pregnancy;
Page 6, Line 5(d) Providing reproductive health care, as defined in this section; or
Page 6, Line 6(e) Providing fertility treatment, as defined in this section.
Page 6, Line 7SECTION 4. In Colorado Revised Statutes, 25-57-104, amend(1); and add (1.5) as follows:
Page 6, Line 825-57-104. Collection of identifying information and medical
Page 6, Line 9history - applicability. (1) Except as provided in subsection (3) of this
Page 6, Line 10section, a gamete agency, gamete bank, or fertility clinic that collects
Page 6, Line 11gametes from a donor or matches a donor with a recipient shall collect the
Page 6, Line 12donor's identifying information and medical history.
and shall make aPage 6, Line 13
good faith effort to maintain current contact information and updates onPage 6, Line 14
the medical history of the donor by requesting updates from the donor at least once every three years.Page 6, Line 15(1.5) (a) A gamete agency, gamete bank, or fertility clinic
Page 6, Line 16shall encourage a donor to inform the gamete agency, gamete
Page 6, Line 17bank, or fertility clinic of significant medical historyupdates after donation.
Page 6, Line 18(b) A gamete agency, gamete bank, or fertility clinic
Page 6, Line 19shall document a donor'sreport of any significant medical
Page 7, Line 1history updates, and the information shall be retained as part of the records referenced in section 25-57-107.
Page 7, Line 2(c) A gamete agency, gamete bank, or fertility clinic shall
Page 7, Line 3document adonor'sreport ofsignificant medical historyupdates after donation.
Page 7, Line 5SECTION 5. In Colorado Revised Statutes, 25-57-106, amend (1) as follows:
Page 7, Line 625-57-106. Disclosure of identifying information and medical
Page 7, Line 7history - applicability. (1) Except as provided in subsection (4) of this
Page 7, Line 8section, upon the request of a donor-conceived person who is eighteen
Page 7, Line 9years of age or older, a gamete agency, gamete bank, or fertility clinic that
Page 7, Line 10matched or collected the gametes used in the assisted reproduction of
Page 7, Line 11
suchPage 7, Line 12person with the identifying information of the donor who provided the
Page 7, Line 13gametes or embryo. A gamete agency, gamete bank, or fertility clinic
Page 7, Line 14shall not impede or prohibit compliance with this section or communication between:
Page 7, Line 15(a) An adult donor-conceived person and the donor whose gametes were used to conceive the donor-conceived person; or
Page 7, Line 16(b) An adult donor-conceived person and the person's friends,
Page 7, Line 17family, or other third parties about the donor whose gametes were used
Page 7, Line 18to conceive the donor-conceived person. The donor-conceived person
Page 7, Line 19has the right, in accordance with relevant laws, to contact the
Page 7, Line 20donor. The donor has a right to respond, engage, or decline contact and communication.
Page 7, Line 21(c) A gamete agency, gamete bank, or fertility clinic is
Page 8, Line 1encouraged to provide information to a donor-conceived person
Page 8, Line 2regarding the physical and emotional risks associated with publicly releasing a donor's private and sensitive information.
Page 8, Line 3SECTION 6. In Colorado Revised Statutes, 25-57-107, amend(3), (6), and (7)(b) as follows:
Page 8, Line 4 25-57-107. Record keeping - successor record keeper
Page 8, Line 5- applicability. (3)
Except as provided in subsection (6) of this section,Page 8, Line 6
in its application for a license pursuant to section 25-57-110, a gametePage 8, Line 7
agency, gamete bank, or fertility clinic shall submit a proposed plan toPage 8, Line 8
permanently maintain the records described in subsections (1) and (2) ofPage 8, Line 9
this section in the event of dissolution, insolvency, or bankruptcy. ThePage 8, Line 10
plan may include identification of a named entity to receive or maintainPage 8, Line 11
the records, obtaining a surety bond in favor of a third party in an amountPage 8, Line 12
sufficient to cover the costs of permanent record keeping, an obligationPage 8, Line 13
to condition any sale on the acquiring entity's obligation to maintainPage 8, Line 14
records consistent with this section, or similar methods. The departmentPage 8, Line 15
shall not issue a license pursuant to section 25-57-110 until it approves aPage 8, Line 16
plan that it finds sufficient to ensure that the records will be permanentlyPage 8, Line 17
maintained by a viable entity.Page 8, Line 18fertility clinic shall create a plan to permanently maintain the
Page 8, Line 19information required by this section, including in the case of
Page 8, Line 20dissolution, insolvency, or bankruptcy, and shall make the plan available for inspection upon request by the department.
Page 8, Line 21(6) A gamete bank or fertility clinic that collects gametes from a
Page 8, Line 22donor who was matched with a recipient by a gamete agency that is a
Page 8, Line 23separate entity is not subject to the requirements of
subsection (1), (3), orPage 8, Line 24
(4)Page 9, Line 1(7) (b)
Subsections (1), (3), and (4)Page 9, Line 2this section apply only to gametes matched or collected on or after
Page 9, Line 3January 1, 2025, for use by a recipient parent or parents who are unknown to the donor at the time of the donation.
Page 9, Line 4SECTION 7. In Colorado Revised Statutes, 25-57-108, amend
Page 9, Line 5(1) introductory portion, (2) introductory portion, and (4) introductory portion; and add (5) as follows:
Page 9, Line 625-57-108. Written materials for recipient parents and gamete
Page 9, Line 7donors. (1) On or before January 1, 2025, the department
shallPage 9, Line 8develop written materials for intended recipient parents. The department
Page 9, Line 9
shallPage 9, Line 10health professionals who have prior documented experience counseling
Page 9, Line 11gamete donors, recipients, and donor-conceived persons, as well as
Page 9, Line 12experience and competency in counseling families with lesbian, gay,
Page 9, Line 13bisexual, and transgender parents and single parents, along with
Page 9, Line 14organizations representing these communities. The department shall
Page 9, Line 15post the written material on its website, which is deemed
Page 9, Line 16sufficient to meet the requirements in subsections (3) and (4) of
Page 9, Line 17this section. Gamete agencies, gamete banks, and fertility clinics
Page 9, Line 18are not required to use the written materials developed by the
Page 9, Line 19department. The materials must include information on the following subjects:
Page 9, Line 20(2) On or before January 1, 2025, the department
shallPage 9, Line 21develop written materials for gamete donors. The department shall
Page 9, Line 22develop the materials in conjunction with licensed mental health
Page 9, Line 23professionals who have prior documented experience counseling gamete
Page 9, Line 24donors, recipients, and donor-conceived persons, as well as experience
Page 10, Line 1and competency in counseling families with lesbian, gay, bisexual, and
Page 10, Line 2transgender parents and single parents, along with organizations
Page 10, Line 3representing these communities. The department shall post the
Page 10, Line 4written material on its website, which is deemed sufficient to
Page 10, Line 5meet the requirements in subsections (3) and (4) of this section.
Page 10, Line 6Gamete agencies, gamete banks, and fertility clinics are not
Page 10, Line 7required to use the written materials developed by the
Page 10, Line 8department. The materials must include information on the following subjects:
Page 10, Line 9(4)
A gamete agency, gamete bank, or fertility clinic locatedPage 10, Line 10
outside of Colorado that either matches donors to or providesPage 10, Line 11individual who either matches donors or provides gametes or embryos to recipients in Colorado shall:
Page 10, Line 12(5) A gamete agency, gamete bank, or fertility clinic
Page 10, Line 13shall develop written materials to be shared with intended
Page 10, Line 14recipient parents and gamete donors based on guidelines for
Page 10, Line 15psychoeducational counseling published by the American Society of Reproductive Medicine.
Page 10, Line 16SECTION 8. In Colorado Revised Statutes, 25-57-109, amend(1)(a) as follows:
Page 10, Line 1725-57-109. Donor age limits - limits on number of families per
Page 10, Line 18donor - restriction on dissemination of gametes - limits on
Page 10, Line 19egg-retrieval cycles per ovum donor - rules - applicability.
Page 10, Line 20(1) (a) Except as provided in subsection (4) of this section, a gamete
Page 10, Line 21agency, gamete bank, or fertility clinic shall make a good faith effort to
Page 10, Line 22determine how many families are established with gametes matched or
Page 10, Line 23provided by the gamete agency, gamete bank, or fertility clinic from each
Page 11, Line 1donor.
byPage 11, Line 2limited to, conducting sufficient record-keeping, requiringrecipients,
Page 11, Line 3as a condition of receiving donor gametes, to provide information on live
Page 11, Line 4births, and requesting information from recipients on live births, and
Page 11, Line 5using industry best practices, including methods or processes to account
Page 11, Line 6for the number or percentage of live births that are likely not reported,
Page 11, Line 7such as the correlation between the number of units of donor gametes sold
Page 11, Line 8or released and the resulting live births. A gamete agency, gamete bank,
Page 11, Line 9or fertility clinic shall not match or provide gametes from a donor to
Page 11, Line 10additional families once the gamete agency, gamete bank, or fertility
Page 11, Line 11clinic has record of or should reasonably know that twenty-five families
Page 11, Line 12have been established using a single donor's gametes in or outside of
Page 11, Line 13Colorado, with no limit on the number of children conceived by each of
Page 11, Line 14the families, unless the donor requests, and the gamete agency, gamete
Page 11, Line 15bank, or fertility clinic agrees to, a lower limit on the number of families.
Page 11, Line 16This limit does not include any children conceived by the donor as a
Page 11, Line 17parent or children conceived with the donor's gametes when the donor is
Page 11, Line 18known to the recipient parent or parents at the time of the donation. This
Page 11, Line 19limit does not include donations of embryos from one family to another family.
Page 11, Line 21SECTION 9. In Colorado Revised Statutes, 25-57-110, amend(3)(a)(I); and repeal (3)(a)(III) as follows:
Page 11, Line 2225-57-110. License required - application - inspection -
Page 11, Line 23issuance, denial, suspension, or revocation - fees - civil penalties -
Page 11, Line 24rules. (3) (a) (I) The department shall investigate and review each
Page 11, Line 25original application and each renewal application for a license to operate
Page 12, Line 1as a gamete agency, gamete bank, or fertility clinic. The department shall
Page 12, Line 2require all applicants to submit information in the original and renewal
Page 12, Line 3application process to document compliance with licensing requirements.
Page 12, Line 4
Subject to available appropriations, the department may, as it deemsPage 12, Line 5
necessary, perform on-site inspections or complaint investigations of aPage 12, Line 6
gamete agency, gamete bank, or fertility clinic located outside ofPage 12, Line 7
Colorado.Page 12, Line 8this article 57, and the rules adopted pursuant to this article 57, for the
Page 12, 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 12, Line 10(III)
When investigating or reviewing the records of a gametePage 12, Line 11
agency, gamete bank, or fertility clinic located outside of Colorado, thePage 12, Line 12
department shall investigate and review only the records pertaining toPage 12, Line 13
donors whose gametes or embryos were matched or provided to recipients in Colorado.Page 12, Line 15SECTION 10. Safety clause. The general assembly finds,
Page 12, Line 16determines, and declares that this act is necessary for the immediate
Page 12, Line 17preservation of the public peace, health, or safety or for appropriations for
Page 12, Line 18the support and maintenance of the departments of the state and state institutions.