As used in this article 57, unless the context
otherwise requires:
(1) Assisted reproduction means a method of causing pregnancy other than
sexual intercourse. The term includes:
(a) Intrauterine or intracervical insemination;
(b) Donation of gametes or embryos;
(c) In-vitro fertilization and transfer of embryos; and
(d) Intracytoplasmic sperm injection.
(2) Department means the Colorado department of public health and
environment.
(3) Donor means an individual who produces eggs or sperm collected by a
gamete agency, gamete bank, or fertility clinic or whose eggs or sperm created an
embryo received by a gamete agency, gamete bank, or fertility clinic for use in
assisted reproduction by a recipient who is unknown to the donor of the gametes at
the time of donation. A donor and a recipient parent or parents are unknown to
each other if a gamete agency, gamete bank, or fertility clinic introduced or
initiated the match or connection between the donor and recipient parents, and the
donor and recipient parent or parents do not mutually exchange identifying
information. The term donor only applies to the regulation of gamete agencies,
gamete banks, or fertility clinics pursuant to this article 57 and does not apply for
the purposes of determining parentage.
(4) Donor-conceived person means an individual of any age who was born
as a result of assisted reproduction using gametes from a donor unknown to the
recipient parent or parents at the time of donation.
(5) Fertility clinic means an entity or organization located in Colorado that
performs assisted reproduction medical procedures and receives donor gametes
for a recipient and the recipient and gamete donor are unknown to each other at
time of donation.
(6) Gamete means unfertilized oocytes or sperm.
(7) Gamete agency means an oocyte or sperm donor matching agency that:
(a) Matches gamete donors with recipients; and
(b) Matches the potential recipients and gamete donors who are unknown to
each other at the time of the donation; and
(c) (I) Is located within Colorado; or
(II) Is located outside of Colorado and matches intended recipients located in
Colorado during the matching process with gamete donors.
(8) Gamete agency, gamete bank, or fertility clinic means any one of such
entities as defined in this section.
(9) Gamete bank means an entity or organization that:
(a) Collects gametes from a donor or receives embryos; and
(b) Provides gametes or embryos to a recipient parent or parents or the
recipient parent's medical provider when the recipient and donor are unknown to
each other at time of donation; and
(c) (I) Is located within Colorado; or
(II) Is located outside of Colorado and provides gametes or embryos to a
recipient parent or parents located in Colorado.
(10) Identifying information means:
(a) The donor's full name;
(b) The donor's date of birth; and
(c) The donor's permanent and, if different, current address or other contact
information at the time of the donation, or, if different, the donor's current address
or other contact information or both as retained by the gamete agency, gamete
bank, or fertility clinic.
(11) Matches or matches gametes means the process of matching a donor
with a recipient in Colorado. A match is made by a gamete agency, and a match is
considered made when an intended recipient parent selects a specific potential
donor, or agrees to receive a specific potential donor's gametes, prior to the
collection of the gametes.
(12) Medical history means information regarding any:
(a) Present physical illness of the donor;
(b) Past illness of the donor; and
(c) Social, genetic, and family medical history pertaining to the donor's
health.
(13) Mental health professional means a person who is certified or licensed
pursuant to article 245 of title 12 or an out-of-state professional who is a licensed
psychiatrist, clinical psychologist, or professional counselor.
(14) Recipient or recipient parent means a person who receives donor
gametes or embryos as an intended parent from a gamete agency, gamete bank, or
fertility clinic for use in assisted reproduction for the purpose of conceiving a child.
(15) State board means the Colorado state board of health.