First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0120.02 Owen Hatch x2698
HOUSE BILL 25-1259
House Committees Senate Committees
Health & Human Services
Appropriations
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
3rd Reading Unamended
April 21, 2025
HOUSE
Amended 2nd Reading
April 17, 2025
HOUSE SPONSORSHIP
Froelich and Brown, Boesenecker, Clifford, Lindsay, Willford, Woodrow
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
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
1259
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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
1259
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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
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) EVERY INDIVIDUAL HAS A RIGHT TO MAKE AUTONOMOUS12
DECISIONS ABOUT THE INDIVIDUAL'S OWN REPRODUCTIVE HEALTH,13
INCLUDING THE RIGHT TO USE OR REFUSE REPRODUCTIVE HEALTHCARE,14
INCLUDING THE RIGHT TO USE GAMETES AND EMBRYOS , DESTROY15
GAMETES AND EMBRYOS, AND INCLUDING THE RIGHT TO DONATE GAMETES16
AND EMBRYOS TO THIRD PARTIES FOR PROCREATION OR RESEARCH .17
(3) T
HE STATE AND LOCAL GOVERNMENTS SHALL NOT INTERFERE18
WITH OR RESTRICT A PHYSICIAN OR LICENSED MEDICAL PROVIDER 'S19
ABILITY TO PROVIDE REPRODUCTIVE HEALTH CARE , AS DEFINED IN THIS20
SECTION.21
(4) I
T IS CONTRARY TO THE PUBLIC POLICY OF THIS STATE TO22
PERMIT AN INDIVIDUAL TO BRING A CIVIL OR CRIMINAL ACTION23
AUTHORIZED IN ANOTHER STATE AGAINST AN INDIVIDUAL IN THIS STATE24
FOR ENGAGING OR ATTEMPTING TO ENGAGE IN THE FOLLOWING CONDUCT :25
(a) T
ERMINATING OR SEEKING TO TERMINATE A PREGNANCY ;26
(b) P
ERFORMING OR INDUCING THE TERMINATION OF A27
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(c) K
NOWINGLY ENGAGING IN CONDUCT THAT AIDS OR ABETS THE2
PERFORMANCE OR INDUCEMENT OF THE TERMINATION OF PREGNANCY ;3
(d) P
ROVIDING REPRODUCTIVE HEALTH CARE , AS DEFINED IN THIS4
SECTION; OR5
(e) P
ROVIDING FERTILITY TREATMENT , AS DEFINED IN THIS6
SECTION.7
SECTION 4. In Colorado Revised Statutes, 25-57-104, amend8
(1); and add (1.5) as follows:9
25-57-104. Collection of identifying information and medical10
history - applicability. (1) Except as provided in subsection (3) of this11
section, a gamete agency, gamete bank, or fertility clinic that collects12
gametes from a donor or matches a donor with a recipient shall collect the13
donor's identifying information and medical history. and shall make a14
good faith effort to maintain current contact information and updates on15
the medical history of the donor by requesting updates from the donor at16
least once every three years.17
(1.5) (a) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC18
SHALL ENCOURAGE A DONOR TO INFORM THE GAMETE AGENCY, GAMETE19
BANK, OR FERTILITY CLINIC OF SIGNIFICANT MEDICAL HISTORY UPDATES.20
(b) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC21
SHALL DOCUMENT A DONOR'S OR RECIPIENT PARENT'S REPORT OF ANY22
SIGNIFICANT MEDICAL HISTORY UPDATES, AND THE INFORMATION SHALL23
BE RETAINED AS PART OF THE RECORDS REFERENCED IN SECTION24
25-57-107.25
(c) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC SHALL26
DOCUMENT A DONOR OR RECIPIENT PARENT'S REPORT OF SIGNIFICANT27
1259
-7- MEDICAL HISTORY UPDATES.1
(d) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC2
SHALL DISSEMINATE NOTICE OF SIGNIFICANT MEDICAL HISTORY UPDATES3
TO OTHER RECIPIENTS OF THE DONOR'S GAMETES, IN ACCORDANCE WITH4
THE GUIDELINES FROM THE AMERICAN SOCIETY FOR REPRODUCTIVE5
MEDICINE.6
SECTION 5. In Colorado Revised Statutes, 25-57-106, amend7
(1) as follows:8
25-57-106. Disclosure of identifying information and medical9
history - applicability. (1) Except as provided in subsection (4) of this10
section, upon the request of a donor-conceived person who is eighteen11
years of age or older, a gamete agency, gamete bank, or fertility clinic that12
matched or collected the gametes used in the assisted reproduction of13
such THE donor-conceived person shall provide the donor-conceived14
person with the identifying information of the donor who provided the15
gametes or embryo. A gamete agency, gamete bank, or fertility clinic16
shall not impede or prohibit compliance with this section or17
communication between:18
(a) An adult donor-conceived person and the donor whose19
gametes were used to conceive the donor-conceived person; or20
(b) An adult donor-conceived person and the person's friends,21
family, or other third parties about the donor whose gametes were used22
to conceive the donor-conceived person. THE DONOR-CONCEIVED PERSON23
HAS THE RIGHT, IN ACCORDANCE WITH RELEVANT LAWS, TO CONTACT THE24
DONOR. THE DONOR HAS A RIGHT TO RESPOND, ENGAGE, OR DECLINE25
CONTACT AND COMMUNICATION .26
(c) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC IS27
1259
-8- ENCOURAGED TO PROVIDE INFORMATION TO A DONOR-CONCEIVED PERSON1
REGARDING THE PHYSICAL AND EMOTIONAL RISKS ASSOCIATED WITH2
PUBLICLY RELEASING A DONOR'S PRIVATE AND SENSITIVE INFORMATION.3
SECTION 6. In Colorado Revised Statutes, 25-57-107, amend4
(1) introductory portion and (2); and repeal (3), (4), (5), (6), and (7) as5
follows:6
25-57-107. Record keeping. (1) Except as provided in subsection7
(6) of this section, A gamete agency, gamete bank, or fertility clinic shall8
permanently maintain:9
(2) A gamete agency, gamete bank, or fertility clinic that receives10
gametes or embryos from another gamete agency, gamete bank, or11
fertility clinic shall permanently maintain the name, address, telephone12
number, and e-mail address of the gamete agency, gamete bank, or13
fertility clinic from which it received the gametes or embryos. A gamete14
bank or fertility clinic that collected gametes from a donor who was15
matched with a recipient by a gamete agency that is a separate entity shall16
permanently maintain the name, address, telephone number, and e-mail17
address of the gamete agency that matched the donor and the recipient. A18
GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC SHALL CREATE A19
PLAN TO PERMANENTLY MAINTAIN THE INFORMATION AS REQUIRED BY20
THIS SECTION, INCLUDING IN THE CASE OF DISSOLUTION, INSOLVENCY, OR21
BANKRUPTCY, AND SHALL MAKE THE PLAN AVAILABLE FOR INSPECTION22
UPON REQUEST BY THE DEPARTMENT .23
(3) Except as provided in subsection (6) of this section, in its24
application for a license pursuant to section 25-57-110, a gamete agency,25
gamete bank, or fertility clinic shall submit a proposed plan to26
permanently maintain the records described in subsections (1) and (2) of27
1259
-9- this section in the event of dissolution, insolvency, or bankruptcy. The1
plan may include identification of a named entity to receive or maintain2
the records, obtaining a surety bond in favor of a third party in an amount3
sufficient to cover the costs of permanent record keeping, an obligation4
to condition any sale on the acquiring entity's obligation to maintain5
records consistent with this section, or similar methods. The department6
shall not issue a license pursuant to section 25-57-110 until it approves a7
plan that it finds sufficient to ensure that the records will be permanently8
maintained by a viable entity.9
(4) Except as provided in subsection (6) of this section, upon10
dissolution, insolvency, or bankruptcy, a gamete agency, gamete bank, or11
fertility clinic shall:12
(a) Implement the plan approved by the department pursuant to13
subsection (3) of this section;14
(b) File with the department a statement providing the name and15
contact information of the successor entity, if any, that will receive and16
maintain the records described in subsections (1) and (2) of this section;17
and18
(c) Inform by mail and electronic mail sent to the last-known19
address on file all gamete donors whose gametes were collected, matched,20
or received by the gamete agency, gamete bank, or fertility clinic, as well21
as recipient parents who received gametes or embryos from the gamete22
agency, gamete bank, or fertility clinic and reported a pregnancy or live23
birth, the name and contact information of the successor entity that will24
receive and maintain the records described in subsections (1) and (2) of25
this section.26
(5) A gamete agency, gamete bank, or fertility clinic shall comply27
1259
-10- with reporting requirements about gamete screening and testing in1
accordance with federal law and applicable laws of this state other than2
those set forth in this article 57.3
(6) A gamete bank or fertility clinic that collects gametes from a4
donor who was matched with a recipient by a gamete agency that is a5
separate entity is not subject to the requirements of subsection (1), (3), or6
(4) of this section.7
(7) (a) Subsection (2) of this section applies only to gametes or8
embryos matched or received on or after July 1, 2024.9
(b) Subsections (1), (3), and (4) of this section apply only to10
gametes matched or collected on or after January 1, 2025, for use by a11
recipient parent or parents who are unknown to the donor at the time of12
the donation.13
SECTION 7. In Colorado Revised Statutes, 25-57-108, amend14
(1) introductory portion, (2) introductory portion, and (4) introductory15
portion; and add (5) as follows:16
25-57-108. Written materials for recipient parents and gamete17
donors. (1) On or before January 1, 2025, the department shall MAY18
develop written materials for intended recipient parents. The department19
shall MAY develop the materials in conjunction with licensed mental20
health professionals who have prior documented experience counseling21
gamete donors, recipients, and donor-conceived persons, as well as22
experience and competency in counseling families with lesbian, gay,23
bisexual, and transgender parents and single parents, along with24
organizations representing these communities. THE DEPARTMENT SHALL25
POST THE WRITTEN MATERIAL ON ITS WEBSITE , WHICH IS DEEMED26
SUFFICIENT TO MEET THE REQUIREMENTS IN SUBSECTIONS (3) AND (4) OF27
1259
-11- THIS SECTION. GAMETE AGENCIES, GAMETE BANKS, AND FERTILITY CLINICS1
ARE NOT REQUIRED TO USE THE WRITTEN MATERIALS DEVELOPED BY THE2
DEPARTMENT. The materials must include information on the following3
subjects:4
(2) On or before January 1, 2025, the department shall MAY5
develop written materials for gamete donors. The department shall6
develop the materials in conjunction with licensed mental health7
professionals who have prior documented experience counseling gamete8
donors, recipients, and donor-conceived persons, as well as experience9
and competency in counseling families with lesbian, gay, bisexual, and10
transgender parents and single parents, along with organizations11
representing these communities. THE DEPARTMENT SHALL POST THE12
WRITTEN MATERIAL ON ITS WEBSITE, WHICH IS DEEMED SUFFICIENT TO13
MEET THE REQUIREMENTS IN SUBSECTIONS (3) AND (4) OF THIS SECTION.14
GAMETE AGENCIES, GAMETE BANKS, AND FERTILITY CLINICS ARE NOT15
REQUIRED TO USE THE WRITTEN MATERIALS DEVELOPED BY THE16
DEPARTMENT. The materials must include information on the following17
subjects:18
(4) A gamete agency, gamete bank, or fertility clinic located19
outside of Colorado that either matches donors to or provides AN20
INDIVIDUAL WHO EITHER MATCHES DONORS OR PROVIDES gametes or21
embryos to recipients in Colorado shall:22
(5) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC23
SHALL DEVELOP WRITTEN MATERIALS TO BE SHARED WITH INTENDED24
RECIPIENT PARENTS AND GAMETE DONORS BASED ON GUIDELINES FOR25
PSYCHOEDUCATIONAL COUNSELING PUBLISHED BY THE AMERICAN26
SOCIETY OF REPRODUCTIVE MEDICINE.27
1259
-12- SECTION 8. In Colorado Revised Statutes, 25-57-109, amend1
(1)(a); and add (1)(c) as follows:2
25-57-109. Donor age limits - limits on number of families per3
donor - restriction on dissemination of gametes - limits on4
egg-retrieval cycles per ovum donor - rules - applicability.5
(1) (a) Except as provided in subsection (4) of this section, a gamete6
agency, gamete bank, or fertility clinic shall make a good faith effort to7
determine how many families are established with gametes matched or8
provided by the gamete agency, gamete bank, or fertility clinic from each9
donor by conducting sufficient record-keeping, requiring recipients as a10
condition of receiving donor gametes, to provide information on live11
births, and requesting information from recipients on live births, and12
using industry best practices, including methods or processes to account13
for the number or percentage of live births that are likely not reported,14
such as the correlation between the number of units of donor gametes sold15
or released and the resulting live births. A gamete agency, gamete bank,16
or fertility clinic shall not match or provide gametes from a donor to17
additional families once the gamete agency, gamete bank, or fertility18
clinic has record of or should reasonably know that twenty-five families19
have been established using a single donor's gametes in or outside of20
Colorado, with no limit on the number of children conceived by each of21
the families, unless the donor requests, and the gamete agency, gamete22
bank, or fertility clinic agrees to, a lower limit on the number of families.23
This limit does not include any children conceived by the donor as a24
parent or children conceived with the donor's gametes when the donor is25
known to the recipient parent or parents at the time of the donation. This26
limit does not include donations of embryos from one family to another27
1259
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(c) A GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC SHALL2
NOT DISSEMINATE A DONOR'S GAMETES TO ANY ADDITIONAL RECIPIENTS3
WITHOUT THE RECIPIENT'S INFORMED WRITTEN CONSENT IF THE DONOR4
INFORMS THE GAMETE AGENCY, GAMETE BANK, OR FERTILITY CLINIC THAT5
THE DONOR EXPERIENCED SIGNIFICANT MEDICAL HISTORY UPDATES .6
SECTION 9. In Colorado Revised Statutes, 25-57-110, amend7
(2)(a) and (3)(a)(I); and repeal (3)(a)(III) as follows:8
25-57-110. License required - application - inspection -9
issuance, denial, suspension, or revocation - fees - civil penalties -10
rules. (2) (a) A gamete agency, gamete bank, or fertility clinic shall11
submit an annual application and fee EVERY TWO YEARS for a license to12
operate on the form and in the manner prescribed by the department. THE13
DEPARTMENT MAY ADOPT A RULE TO EXTEND THE PERIOD OF LICENSURE14
UP TO FIVE YEARS IF THE DEPARTMENT DETERMINES THE CHANGE TO BE15
APPROPRIATE AND IN THE PUBLIC INTEREST.16
(3) (a) (I) The department shall investigate and review each17
original application and each renewal application for a license to operate18
as a gamete agency, gamete bank, or fertility clinic. The department shall19
require all applicants to submit information in the original and renewal20
application process to document compliance with licensing requirements.21
Subject to available appropriations, the department may, as it deems22
necessary, perform on-site inspections or complaint investigations of a23
gamete agency, gamete bank, or fertility clinic located outside of24
Colorado. The department shall determine an applicant's compliance with25
this article 57, and the rules adopted pursuant to this article 57, for the26
collection and provision of gametes from donors who are unknown to a27
1259
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(III) When investigating or reviewing the records of a gamete2
agency, gamete bank, or fertility clinic located outside of Colorado, the3
department shall investigate and review only the records pertaining to4
donors whose gametes or embryos were matched or provided to recipients5
in Colorado.6
7
SECTION 10. Safety clause. The general assembly finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety or for appropriations for10
the support and maintenance of the departments of the state and state11
institutions.12
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