FOR IMMEDIATE RELEASE
DENVER — U.S. Donor Conceived Council (USDCC) expressed strong opposition to Colorado House Bill 25-1259 when it was introduced due to concerns the bill would undermine critical protections established under the “Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act” (DCPPA). However, following a series of amendments, many of the provisions that could have harmed the DCPPA have been minimized.
HB 25-1259 was pushed by California Cryobank and Donor Egg Bank USA, both owned by CooperSurgical, who worked with several legislators behind closed doors and without the input of donor conceived people. While the bill sought to strengthen protections to assisted reproduction, it also proposed changes that would have been a dangerous rollback of hard-won protections for donor conceived people and their families.
Key Amendments Addressed Our Concerns
USDCC’s goal was to preserve the protections for IVF that this bill sought to implement, while maintaining protections for donor conceived people and their families. After extensive dialogue and negotiations with lawmakers and stakeholders, several components of the bill were changed:
- Removed untested language regarding a “fundamental right to donate gametes” for commercial use.
- Removed harmful language that would have allowed banks to refuse the release of donor identifying information unless the donor conceived person signed a non-disclosure agreement.
- Reinstated language that requires permanent record retention by regulated entities.
- Reinstated the recordkeeping exemption for donations in which the recipient(s) and donor have exchanged identifying information (i.e., “known donation” arrangements).
- Reinstated that licensed entities can use educational materials that were created by the Colorado Department of Public Health & Environment with input from donor conceived people, LGBTQ+ advocates, mental health professionals, and other stakeholders rather than require all entities to create their own materials; any alternative materials created must comply with guidelines that protect informed consent.
- Reinstated acceptable methods for monitoring and capping distribution of gametes to prevent erosion of family limits per donor.
USDCC brought in critical subject matter experts to improve HB 25-1259’s language. Many leading industry voices also raised deep concerns with the bill’s provisions and worked with us to arrive at the bill’s final version, which now awaits Governor Jared Polis’s signature.
USDCC also flagged problematic provisions in HB 25-1259 and worked with the drafters to remove language that would have likely resulted in an immediate reduction in the availability of donor gametes within Colorado.
While the amendments we achieved are positive, the bill sponsors were ultimately unwilling to change the repeal of the DCPPA language that required regulated entities to “make a good faith effort to maintain current contact information [for the donor] and updates on the medical history of the donor by requesting updates from the donor at least once every three years.” The bill now encourages donors to provide updates about significant medical events that occur after they donate, and regulated entities will have to document those updates.
USDCC remains dedicated to advocating for policies that protect the interests of donor conceived individuals and their families, as well as supporting policies that protect IVF. We extend our sincere thanks to all donor conceived people, families, industry allies, and supporters who shared their stories and time by providing testimony and feedback on the bill, and we commend the Colorado General Assembly for its willingness to engage in meaningful dialogue and make critical adjustments to this legislation.