§ 25-57-107 — Record keeping - successor record keeper - applicability

Colorado § 25-57-107

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Donor-conceived Persons and Gamete Agencies,

Text

(1)
Except as provided in subsection (6) of this section, a gamete agency, gamete bank,
or fertility clinic shall permanently maintain:

(a) Identifying information and medical history for each donor with which it
matches or from which it collects gametes for use by a recipient parent or parents
who are unknown to the donor at the time of the donation;

(b) Information about the number of families established with each donor's
gametes and the efforts of the gamete agency, gamete bank, or fertility clinic to
obtain that information pursuant to section 25-57-109; and

(c) Records of gamete screening and testing.

(2) A gamete agency, gamete bank, or fertility clinic that receives gametes
or embryos from another gamete agency, gamete bank, or fertility clinic shall
permanently maintain the name, address, telephone number, and email address of
the gamete agency, gamete bank, or fertility clinic from which it received the
gametes or embryos. A gamete bank or fertility clinic that collected gametes from
a donor who was matched with a recipient by a gamete agency that is a separate
entity shall permanently maintain the name, address, telephone number, and email
address of the gamete agency that matched the donor and the recipient.

(3) A gamete agency, gamete bank, or fertility clinic shall create a plan to
permanently maintain the information required by this section, including in the case
of dissolution, insolvency, or bankruptcy, and shall make the plan available for
inspection upon request by the department.

(4) Except as provided in subsection (6) of this section, upon dissolution,
insolvency, or bankruptcy, a gamete agency, gamete bank, or fertility clinic shall:

(a) Implement the plan approved by the department pursuant to subsection
(3) of this section;

(b) File with the department a statement providing the name and contact
information of the successor entity, if any, that will receive and maintain the
records described in subsections (1) and (2) of this section; and

(c) Inform by mail and electronic mail sent to the last-known address on file
all gamete donors whose gametes were collected, matched, or received by the
gamete agency, gamete bank, or fertility clinic, as well as recipient parents who
received gametes or embryos from the gamete agency, gamete bank, or fertility
clinic and reported a pregnancy or live birth, the name and contact information of
the successor entity that will receive and maintain the records described in
subsections (1) and (2) of this section.

(5) A gamete agency, gamete bank, or fertility clinic shall comply with
reporting requirements about gamete screening and testing in accordance with
federal law and applicable laws of this state other than those set forth in this
article 57.

(6) A gamete bank or fertility clinic that collects gametes from a donor who
was matched with a recipient by a gamete agency that is a separate entity is not
subject to the requirements of subsection (1) or (3) of this section.

(7) (a) Subsection (2) of this section applies only to gametes or embryos
matched or received on or after July 1, 2024.

(b) Subsections (1) and (3) of this section apply only to gametes matched or
collected on or after January 1, 2025, for use by a recipient parent or parents who
are unknown to the donor at the time of the donation.

Legislative History

Source: L. 2022: Entire article added, (SB 22-224), ch. 279, p. 2009, � 1, effective August 10. L. 2025: (3), (6), and (7)(b) amended, (HB 25-1259), ch. 304, p. 1589, � 6, effective May 30.