(1)On or before January 1, 2025, the department shall develop written materials for
intended recipient parents and shall post the written materials on its website. The
department shall develop the materials in conjunction with licensed mental health
professionals who have prior documented experience counseling gamete donors,
recipients, and donor-conceived persons, as well as experience and competency in
counseling families with lesbian, gay, bisexual, and transgender parents and single
parents, along with organizations representing these communities. The materials
must include information on the following subjects:
(a)That, in light of studies showing that family secrecy about family
formation can negatively affect children and family relationships, telling a donor-conceived
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(1)
On or before January 1, 2025, the department shall develop written materials for
intended recipient parents and shall post the written materials on its website. The
department shall develop the materials in conjunction with licensed mental health
professionals who have prior documented experience counseling gamete donors,
recipients, and donor-conceived persons, as well as experience and competency in
counseling families with lesbian, gay, bisexual, and transgender parents and single
parents, along with organizations representing these communities. The materials
must include information on the following subjects:
(a) That, in light of studies showing that family secrecy about family
formation can negatively affect children and family relationships, telling a donor-conceived child at a young age, in an age-appropriate manner, that the child is
donor-conceived is associated with improved family functioning and the well-being
of the donor-conceived child;
(b) The ability, and available tools for discussing the ability, that a donor-conceived person will have to learn the identity of the donor of the gametes used in
the donor-conceived person's conception and the importance of understanding that
many, but not all, donor-conceived persons have a strong desire to know the
identity of the donor and of other donor-conceived persons conceived with the
same donor's gametes;
(c) The needs and interests of donor-conceived persons;
(d) The limitations of donor screening;
(e) Future implications for the donor-conceived person given that there may
be other persons in other families conceived with the same donor's gametes; and
(f) Future implications of receiving medical history updates about the donor
or other persons conceived with the same donor's gametes.
(2) On or before January 1, 2025, the department shall develop written
materials for gamete donors and the department shall post the written materials on
its website. The department shall develop the materials in conjunction with licensed
mental health professionals who have prior documented experience counseling
gamete donors, recipients, and donor-conceived persons, as well as experience and
competency in counseling families with lesbian, gay, bisexual, and transgender
parents and single parents, along with organizations representing these
communities. The materials must include information on the following subjects:
(a) Understanding the potential emotional and social impacts of donating
gametes;
(b) Understanding what information will be disclosed to the recipient parent
or parents and donor-conceived persons;
(c) Understanding the potential for the birth of children in multiple families
using the donor's gametes; and
(d) Understanding the future potential disclosure of the donor's identifying
information to a person conceived with the donor's gametes.
(3) Repealed.
(4) A gamete agency, gamete bank, or fertility clinic that either matches
donors to or provides gametes or embryos to recipients in Colorado shall:
(a) Prior to an intended recipient matching with or receiving donor gametes,
provide written materials to recipients that, at a minimum, cover the topics
described in subsection (1) of this section; and
(b) Prior to the donation of gametes by a donor, provide written materials to
the donor that, at a minimum, cover the topics described in subsection (2) of this
section and discuss these materials with the donor. Donor receipt of the written
materials is not in lieu of any mental health evaluations of an unknown ovum donor
that are required by the individual practices of a gamete agency, gamete bank, or
fertility clinic.
(5) Gamete agencies, gamete banks, and fertility clinics are not required to
use the written materials described in subsection (2) of this section but may use
them to meet the requirements of subsection (4) of this section.