(1)The general assembly finds and declares that:
(a)Many Coloradans are conceived, or establish their families, through some form of assisted reproduction involving a third-party sperm, egg, or embryo provider, also known as a gamete “donor”, whose identity is unknown to the family at the time of donation. The people conceived through assisted reproduction with a donor are referred to in this article 57 as “donor-conceived persons”.
(b)The interests of donor-conceived persons must be considered and protected. Information about the personal and family medical history of the gamete donors used in conception can impact medical care for donor-conceived persons and their children, and non-identifying medical information about the gamete donor used in conception must be available to all donor-conceived persons and their parents.
(c)It is important to many, but not all, donor-conceived persons to know the identity of the gamete donor used in their conception. A donor-conceived person must have the ability to access identifying information about the gamete donor used in the donor-conceived person’s conception on or after the donor-conceived person reaches eighteen years of age. Some donor-conceived persons are or may be interested in contact with the donor and among persons conceived and families established with the same donor who was unknown to the donor-conceived person’s recipient parents at the time of donation. A limit on the number of families per donor per gamete agency, gamete bank, or fertility clinic furthers the ability of these donor-conceived persons to establish this contact.
(d)Studies have shown that family secrecy about family formation can negatively affect children and family relationships;
(e)Before using donated gametes, people who are considering using donated gametes to conceive children should have access to more information and resources about donor-conceived persons, including tools and resources for discussing donor conception with their children in ways that are age-appropriate and reflect the interests and lived experience of donor-conceived persons;
(f)Before donating gametes, gamete donors should have access to information and resources about the interests of donor-conceived persons and have clarity about the information that may be shared with recipient parents and donor-conceived persons; and
(g)Most gametes or embryos from donors that are provided to recipients located in Colorado are provided from gamete agencies, gamete banks, or fertility clinics located in other states.
(2)Therefore, the general assembly finds that to protect the health and welfare of donor-conceived persons and their families in Colorado, it is essential to enact the “Donor-conceived Persons and Families of Donor-conceived Persons Protection Act” to regulate the use of donated gametes provided from gamete agencies, gamete banks, or fertility clinics located inside or outside of Colorado to recipients in, or who are residents of, Colorado.
Section 25-57-102 — Legislative declaration,
https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-25.pdf (accessed Oct. 20, 2023).