Colorado § 25-57-105 - Declaration regarding disclosure of identifying information and medical history - applicability.

§ 25-57-105. Declaration regarding disclosure of identifying information and medical history - applicability.

(1) Except as provided in subsection (5) of this section, a gamete agency, gamete bank, or fertility clinic that matches or collects gametes from a donor who is unknown to the recipient parent or parents at the time of the donation shall:

(a) Provide the donor with information about disclosure of identifying information and medical history in its records;

(b) Obtain a declaration from the donor agreeing to the identity disclosure described in subsection (2) of this section; and

(c) Maintain identifying information and medical history about each donor. The gamete agency, gamete bank, or fertility clinic that matched or collected the gametes shall maintain records of donor and gamete screening and testing and comply with reporting requirements, in accordance with federal law and applicable laws of this state other than those set forth in this article 57 and consistent with the guidelines of the American Medical Association and the American Society for Reproductive Medicine.

(2) Except as provided in subsection (5) of this section, a gamete agency, gamete bank, or fertility clinic shall have each donor sign a declaration, attested by a notarial officer or witnesses, that the donor agrees to the disclosure of the donor's identity to a donor-conceived person conceived with the donor's gametes or embryo formed with the donor's gametes on request of the donor-conceived person after the donor-conceived person is eighteen years of age or older.

(3) A gamete agency, gamete bank, or fertility clinic located in Colorado shall not match or collect gametes from a donor who does not agree to the disclosure of the donor's identity as set forth in subsection (2) of this section.

(4) A gamete agency, gamete bank, or fertility clinic located outside of Colorado shall not match intended recipients located in Colorado with donors, or provide gametes to a recipient parent or parents located in Colorado or to the recipient parent's medical provider located in Colorado, from a donor who does not agree to the disclosure of the donor's identity as set forth in subsection (2) of this section.

(5) 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 (2) of this section.

(6) This section applies only to gametes collected and embryos formed with gametes collected by a gamete agency, gamete bank, or fertility clinic 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.

Source: L. 2022: Entire article added, (SB 22-224), ch. 279, p. 2007, § 1, effective August 10. L. 2024: (4) amended, (SB 24-223), ch. 223, p. 1390, § 3, effective May 22.