First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0120.02 Owen Hatch x2698
HOUSE BILL 25-1259
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING ASSISTED REPRODUCTION , AND, IN CONNECTION101
THEREWITH, ADOPTING IN VITRO FERTILIZATION AND OTHER102
ASSISTED REPRODUCTION AND FERTILITY PROTECTIONS AND103
ELIMINATING OTHER ADMINISTRATIVE REQUIREMENTS .104
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
HOUSE SPONSORSHIP
Froelich and Brown,
SENATE SPONSORSHIP
Cutter and Daugherty,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the2
"Reducing Barriers to Building Families Act".3
SECTION 2. Legislative declaration. (1) The general assembly4
finds that:5
(a) On February 16, 2024, the Alabama supreme court ruled that6
embryos formed through in vitro fertilization, or IVF, are considered7
children under the state's "Wrongful Death of a Minor Act";8
(b) The court's 131-page opinion held that the act applies to all9
unborn children, regardless of their location. The chief justice of Alabama10
quoted the Bible and stated that embryos are children in cryogenic11
HB25-1259-2- nurseries. The result was that medical professionals performing IVF could1
be legally prosecuted for manslaughter if an embryo was destroyed.2
(c) The ruling raised great concerns about the impact on, in3
particular, provision of women's health-care services, fertility care for all4
individuals, and assisted reproductive technologies. Many legal and5
medical experts across the country, including in Colorado, believe the6
ruling, in ways similar to what has happened in Alabama, will interfere7
nationwide with women's access to medical care, including necessary8
medical care following miscarriages; will make it difficult for people to9
undergo fertility care, including IVF and embryo transfer; could end or10
severely limit IVF medical treatments; and could interfere with11
individuals even transferring their embryos to clinics outside of our state.12
(d) After the ruling, IVF clinics in Alabama ceased providing13
infertility medical services and also ceased transferring embryos owned14
by their patients to clinics outside of Alabama due to potential legal and15
felony risks if an embryo was inadvertently destroyed.16
(2) (a) The Alabama ruling, coupled with new, intrusive, and17
difficult-to-implement requirements for gamete donation, has had18
negative impacts on people seeking fertility treatments in Colorado.19
(b) Colorado has been recognized for decades as a medical20
destination for those seeking sophisticated and cutting-edge medical care21
for infertility. Colorado's fertility clinics are highly respected; the state's22
medical practitioners are known as pioneers in assisted reproductive23
technologies, or ART medical care; and Colorado continues to advance24
and provide top-notch ART fertility care.25
(c) Equally matching its sophisticated ART medical care,26
Colorado also ranks highly among all states due to its progressive laws27
HB25-1259
-3- and legal protections for children born through assisted reproductive1
technologies, laws that ensure donors of gametes (ova and sperm) and2
embryos are not considered legal parents of any resulting children, and3
the laws protect the parental rights of parents whose children are born4
through ART, including through donated gametes and surrogacy.5
Children born through ART in Colorado legally are able to know who6
their parents are from the moment of birth, and potential parents are7
likewise safeguarded due to Colorado's protections, including not8
requiring a genetic relationship between parent and child and not9
requiring parents to be married, and including opposite gender10
individuals' access to ART, making Colorado a top choice for domestic11
and international individuals seeking assisted reproduction medical care12
treatment options.13
(3) Therefore, the general assembly declares that:14
(a) Colorado should remain a world-class destination for all15
people who want to start a family, providing safe, cutting-edge medical16
care for individuals in need of those services;17
(b) It is also important to keep the transparency and rules around18
disclosure in order to address the concerns of donor-conceived19
individuals while preserving the whole ecosystem of Colorado's20
world-class assisted reproduction technologies, infertility medical care21
options, and gamete donation medical environment; and22
(c) Recent legislation in Colorado has been challenging to23
implement and has had a chilling effect on donations, as individuals are24
daunted by the invasive reporting requirements. This act seeks to25
streamline implementation of the provisions of the "Donor-Conceived26
Persons Protection Act" while preserving the important transparency and27
HB25-1259
-4- reporting requirements.1
SECTION 3. In Colorado Revised Statutes, add 25-57-113 as2
follows:3
25-57-113. Reproductive health care - fertility treatment -4
protections - definitions. (1) A
S USED IN THIS SECTION, UNLESS THE5
CONTEXT OTHERWISE REQUIRES :6
(a) "F
ERTILITY TREATMENT" MEANS ANY TEST, PROCEDURE,7
MEDICATION, SURGERY, OR SERVICE TO DIAGNOSE, ENHANCE, OR ASSIST8
AN INDIVIDUAL'S ABILITY TO REPRODUCE OR ACHIEVE PREGNANCY ,9
INCLUDING, BUT NOT LIMITED TO:10
(I) I
N VITRO FERTILIZATION;11
(II) I
NTRAUTERINE INSEMINATION ;12
(III) O
VULATION INDUCTION;13
(IV) T
ESTICULAR OR OVARIAN BIOPSY;14
(V) E
MBRYO BIOPSY;15
(VI) C
RYOPRESERVATION AND T HAWING OF GAMETES AND16
EMBRYOS;17
(VII) C
RYOPRESERVATION OF TESTICULAR AND OVARIAN TISSUE ;18
(VIII) S
TORAGE, DONATION, OR DISPOSAL OF GAMETES, EMBRYOS,19
OR REPRODUCTIVE TISSUE;20
(IX) P
RE-IMPLANTATION GENETIC TESTING , OR ANY OTHER21
MEDICAL SCREENING OR EVALUATION OF EMBRYOS OR GAMETES ;22
(X) D
ONATION OF SPERM OR EGGS; AND23
(XI) S
URROGACY.24
(b) "R
EPRODUCTIVE HEALTH CARE " MEANS, BUT IS NOT LIMITED25
TO:26
(I) F
AMILY PLANNING;27
HB25-1259
-5- (II) CONTRACEPTION;1
(III) S
TERILIZATION;2
(IV) P
RE-CONCEPTION CARE;3
(V) M
ATERNITY CARE;4
(VI) P
OSTPARTUM CARE;5
(VII) A
BORTION CARE;6
(VIII) E
MERGENCY CONTRACEPTION ;7
(IX) F
ERTILITY SERVICES;8
(X) C
OUNSELING REGARDING REPRODUCTIVE HEALTH CARE ; AND9
(XI) R
EFERRAL SERVICES REGARDING REPRODUCTIVE HEALTH10
CARE.11
(2) (a) E
VERY INDIVIDUAL HAS A FUNDAMENTAL RIGHT TO MAKE12
AUTONOMOUS DECISIONS ABOUT THE INDIVIDUAL 'S OWN REPRODUCTIVE13
HEALTH, INCLUDING THE FUNDAMENTAL RIGHT TO USE OR REFUSE14
REPRODUCTIVE HEALTH CARE AND THE ABILITY , WITHOUT GOVERNMENT15
RESTRICTION, TO:16
(I) U
SE GAMETES AND EMBRYOS ;17
(II) D
ESTROY GAMETES AND EMBRYOS ; OR18
(III) D
ONATE GAMETES AND EMBRYOS TO THIRD PARTIES FOR19
PROCREATION OR RESEARCH .20
(b) T
HE STATE SHALL NOT DENY, RESTRICT, INTERFERE WITH, OR21
DISCRIMINATE AGAINST AN INDIVIDUAL'S EXERCISE OF THE FUNDAMENTAL22
RIGHTS SET FORTH IN THIS SUBSECTION (2), INCLUDING INDIVIDUALS23
UNDER STATE CUSTODY, CONTROL, OR SUPERVISION.24
(3) T
HE STATE AND LOCAL GOVERNMENTS SHALL NOT INTERFERE25
WITH OR RESTRICT A PHYSICIAN OR LICENSED MEDICAL PROVIDER 'S26
ABILITY TO PROVIDE REPRODUCTIVE HEALTH CARE , AS DEFINED IN THIS27
HB25-1259
-6- SECTION.1
(4) I
T IS CONTRARY TO THE PUBLIC POLICY OF THIS STATE TO2
PERMIT AN INDIVIDUAL TO BRING A CIVIL OR CRIMINAL ACTION3
AUTHORIZED IN ANOTHER STATE AGAINST AN INDIVIDUAL IN THIS STATE4
FOR ENGAGING OR ATTEMPTING TO ENGAGE IN THE FOLLOWING CONDUCT :5
(a) T
ERMINATING OR SEEKING TO TERMINATE A PREGNANCY ;6
(b) P
ERFORMING OR INDUCING THE TERMINATION OF A7
PREGNANCY;8
(c) K
NOWINGLY ENGAGING IN CONDUCT THAT AIDS OR ABETS THE9
PERFORMANCE OR INDUCEMENT OF THE TERMINATION OF PREGNANCY ;10
(d) P
ROVIDING REPRODUCTIVE HEALTH CARE , AS DEFINED IN THIS11
SECTION; OR12
(e) P
ROVIDING FERTILITY TREATMENT , AS DEFINED IN THIS13
SECTION.14
SECTION 4. In Colorado Revised Statutes, 25-57-104, amend15
(1) as follows:16
25-57-104. Collection of identifying information and medical17
history - applicability. (1) Except as provided in subsection (3) of this18
section, a gamete agency, gamete bank, or fertility clinic that collects19
gametes from a donor or matches a donor with a recipient shall collect the20
donor's identifying information and medical history. and shall make a
21
good faith effort to maintain current contact information and updates on22
the medical history of the donor by requesting updates from the donor at23
least once every three years.24
SECTION 5. In Colorado Revised Statutes, 25-57-106, amend25
(1) as follows:26
25-57-106. Disclosure of identifying information and medical27
HB25-1259
-7- history - applicability. (1) Except as provided in subsection (4) of this1
section, upon the request of a donor-conceived person who is eighteen2
years of age or older, a gamete agency, gamete bank, or fertility clinic that3
matched or collected the gametes used in the assisted reproduction of4
such THE donor-conceived person shall provide the donor-conceived5
person with the identifying information of the donor who provided the6
gametes or embryo. A gamete agency, gamete bank, or fertility clinic7
shall not impede or prohibit compliance with this section or8
communication between9
(a) an adult donor-conceived person and the donor whose gametes10
were used to conceive the donor-conceived person. or11
(b) An adult donor-conceived person and the person's friends,12
family, or other third parties about the donor whose gametes were used13
to conceive the donor-conceived person.14
SECTION 6. In Colorado Revised Statutes, 25-57-107, amend15
(1) introductory portion; and repeal (3), (4), (5), (6), and (7) as follows:16
25-57-107. Record keeping. (1) Except as provided in subsection17
(6) of this section, A gamete agency, gamete bank, or fertility clinic shall18
permanently maintain:19
(3) Except as provided in subsection (6) of this section, in its20
application for a license pursuant to section 25-57-110, a gamete agency,21
gamete bank, or fertility clinic shall submit a proposed plan to22
permanently maintain the records described in subsections (1) and (2) of23
this section in the event of dissolution, insolvency, or bankruptcy. The24
plan may include identification of a named entity to receive or maintain25
the records, obtaining a surety bond in favor of a third party in an amount26
sufficient to cover the costs of permanent record keeping, an obligation27
HB25-1259
-8- to condition any sale on the acquiring entity's obligation to maintain1
records consistent with this section, or similar methods. The department2
shall not issue a license pursuant to section 25-57-110 until it approves a3
plan that it finds sufficient to ensure that the records will be permanently4
maintained by a viable entity.5
(4) Except as provided in subsection (6) of this section, upon6
dissolution, insolvency, or bankruptcy, a gamete agency, gamete bank, or7
fertility clinic shall:8
(a) Implement the plan approved by the department pursuant to9
subsection (3) of this section;10
(b) File with the department a statement providing the name and11
contact information of the successor entity, if any, that will receive and12
maintain the records described in subsections (1) and (2) of this section;13
and14
(c) Inform by mail and electronic mail sent to the last-known15
address on file all gamete donors whose gametes were collected, matched,16
or received by the gamete agency, gamete bank, or fertility clinic, as well17
as recipient parents who received gametes or embryos from the gamete18
agency, gamete bank, or fertility clinic and reported a pregnancy or live19
birth, the name and contact information of the successor entity that will20
receive and maintain the records described in subsections (1) and (2) of21
this section.22
(5) A gamete agency, gamete bank, or fertility clinic shall comply23
with reporting requirements about gamete screening and testing in24
accordance with federal law and applicable laws of this state other than25
those set forth in this article 57.26
(6) A gamete bank or fertility clinic that collects gametes from a27
HB25-1259
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separate entity is not subject to the requirements of subsection (1), (3), or2
(4) of this section.3
(7) (a) Subsection (2) of this section applies only to gametes or4
embryos matched or received on or after July 1, 2024.5
(b) Subsections (1), (3), and (4) of this section apply only to6
gametes matched or collected on or after January 1, 2025, for use by a7
recipient parent or parents who are unknown to the donor at the time of8
the donation.9
SECTION 7. In Colorado Revised Statutes, 25-57-108, amend10
(1) introductory portion, (2) introductory portion, and (4) introductory11
portion; and repeal (1)(f) as follows:12
25-57-108. Written materials for recipient parents and gamete13
donors. (1) On or before January 1, 2025, the department JANUARY 1,14
2026,
GAMETE AGENCIES, GAMETE BANKS, AND FERTILITY CLINICS shall15
develop written materials for intended recipient parents. The department
16
shall develop the materials in conjunction with licensed mental health17
professionals who have prior documented experience counseling gamete18
donors, recipients, and donor-conceived persons, as well as experience19
and competency in counseling families with lesbian, gay, bisexual, and20
transgender parents and single parents, along with organizations21
representing these communities. THE WRITTEN MATERIALS MUST MEET22
THE MINIMUM STANDARDS SET BY THE AMERICAN SOCIETY OF23
R
EPRODUCTIVE MEDICINE AND THE AMERICAN ACADEMY OF PEDIATRICS24
REGARDING ASSISTED REPRODUCTION . The materials must include25
information on the following: subjects:
26
(f) Future implications of receiving medical history updates about27
HB25-1259
-10- the donor or other persons conceived with the same donor's gametes.1
(2) On or before January 1, 2025, the department JANUARY 1,2
2026,
GAMETE AGENCIES, GAMETE BANKS, AND FERTILITY CLINICS shall3
develop written materials for gamete donors. The department shall
4
develop the materials in conjunction with licensed mental health5
professionals who have prior documented experience counseling gamete6
donors, recipients, and donor-conceived persons, as well as experience7
and competency in counseling families with lesbian, gay, bisexual, and8
transgender parents and single parents, along with organizations9
representing these communities. THE WRITTEN MATERIALS MUST MEET10
THE MINIMUM STANDARDS SET BY THE AMERICAN SOCIETY OF11
R
EPRODUCTIVE MEDICINE AND THE AMERICAN ACADEMY OF PEDIATRICS12
REGARDING ASSISTED REPRODUCTION . The materials must include13
information on the following: subjects:
14
(4) A gamete agency, gamete bank, or fertility clinic located15
outside of Colorado that either matches donors to or provides AN16
INDIVIDUAL WHO EITHER MATCHES DONORS OR PROVIDES gametes or17
embryos to recipients in Colorado shall:18
SECTION 8. In Colorado Revised Statutes, 25-57-109, amend19
(1)(a) as follows:20
25-57-109. Donor age limits - limits on number of families per21
donor - limits on egg-retrieval cycles per ovum donor - rules -22
applicability. (1) (a) Except as provided in subsection (4) of this section,23
a gamete agency, gamete bank, or fertility clinic shall make a good faith24
effort to determine how many families are established with gametes25
matched or provided by the gamete agency, gamete bank, or fertility26
clinic from each donor by conducting sufficient record-keeping, requiring27
HB25-1259
-11- RECOMMENDING recipients as a condition of receiving donor gametes, to1
provide information on live births, and requesting information from2
recipients on live births, and using industry best practices, including3
methods or processes to account for the number or percentage of live4
births that are likely not reported, such as the correlation between the5
number of units of donor gametes sold or released and the resulting live6
births. A gamete agency, gamete bank, or fertility clinic shall not match7
or provide gametes from a donor to additional families once the gamete8
agency, gamete bank, or fertility clinic has record of or should reasonably9
know that twenty-five families have been established using a single10
donor's gametes in or outside of Colorado, with no limit on the number11
of children conceived by each of the families, unless the donor requests,12
and the gamete agency, gamete bank, or fertility clinic agrees to, a lower13
limit on the number of families. This limit does not include any children14
conceived by the donor as a parent or children conceived with the donor's15
gametes when the donor is known to the recipient parent or parents at the16
time of the donation. This limit does not include donations of embryos17
from one family to another family.18
SECTION 9. In Colorado Revised Statutes, 25-57-110, amend19
(2)(a), (3)(a)(I), and (6)(b); and repeal (3)(a)(III) as follows:20
25-57-110. License required - application - inspection -21
issuance, denial, suspension, or revocation - fees - civil penalties -22
rules. (2) (a) A gamete agency, gamete bank, or fertility clinic shall23
submit an annual application and fee EVERY FIVE YEARS for a license to24
operate on the form and in the manner prescribed by the department.25
(3) (a) (I) The department shall investigate and review each26
original application and each renewal application for a license to operate27
HB25-1259
-12- as a gamete agency, gamete bank, or fertility clinic. The department shall1
require all applicants to submit information in the original and renewal2
application process to document compliance with licensing requirements.3
Subject to available appropriations, the department may, as it deems4
necessary, perform on-site inspections or complaint investigations of a5
gamete agency, gamete bank, or fertility clinic located outside of6
Colorado. The department shall determine an applicant's compliance with7
this article 57, and the rules adopted pursuant to this article 57, for the8
collection and provision of gametes from donors who are unknown to a9
recipient at the time of the donation before issuing a license.10
(III) When investigating or reviewing the records of a gamete11
agency, gamete bank, or fertility clinic located outside of Colorado, the12
department shall investigate and review only the records pertaining to13
donors whose gametes or embryos were matched or provided to recipients14
in Colorado.15
(6) (b) The department may assess a civil penalty of not more than16
twenty thousand dollars, adjusted annually for inflation, based on the17
annual percentage change in the United States department of labor's18
bureau of labor statistics consumer price index for19
Denver-Aurora-Lakewood for all items paid by all urban consumers, or20
its applicable predecessor or successor index, ASSESS A CIVIL PENALTY,21
AFTER THE STATE BOARD CONDUCTS A HEARING AND FINDS A VIOLATION ,22
for each day the person is in violation of this article 57. The assessed23
penalty accrues from the date the department finds that the person,24
corporation, or entity is in violation of this article 57. The department25
shall assess, enforce, and collect the penalty in accordance with article 426
of title 24 and credit the money to the general fund. Enforcement and27
HB25-1259
-13- collection of the penalty occurs following the decision reached in1
accordance with procedures set forth in section 24-4-105.2
SECTION 10. Safety clause. The general assembly finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety or for appropriations for5
the support and maintenance of the departments of the state and state6
institutions.7
HB25-1259
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