(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 al
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(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 Colorado.