Colorado § 25-57-108 - Written materials for recipient parents and gamete donors.

§ 25-57-108. Written materials for recipient parents and gamete donors.

(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.

Source: L. 2022: Entire article added, (SB 22-224), ch. 279, p. 2011, § 1, effective August 10. L. 2024: IP(4) amended, (SB 24-223), ch. 223, p. 1391, § 4, effective May 22. L. 2025: IP(1), IP(2), and IP(4) amended, (3) repealed, and (5) added, (HB 25-1259), ch. 304, p. 1590, § 7, effective May 30.

Cross references: For the short title ("Reducing Barriers to Building Families Act") and the legislative declaration in HB 25-1259, see sections 1 and 2 of chapter 304, Session Laws of Colorado 2025.