Colorado is the only state to enact comprehensive regulation of the third-party gamete donation industry. Other states have laws that require gamete banks to register and/or obtain a license to operate within the state. The extent of currently pending legislation (as of April 2023) and enacted laws is described below.
Senate Bill S2122 (2023) and Assembly Bill A2735 (2023) would require banks to collect and verify medical information provided by donors, and to disseminate that information to potential recipients prior to purchase. The information would also be provided to a donor conceived person when that person reaches the age of 18 or earlier upon consent of their parents or guardian.
California requires banks to obtain a license to operate in the state and imposes requirements for, among other things, HIV testing and obtaining and documenting informed consent.
Cal. Health & Safety Code § 1635 et seq.
Cal. Code Regs. tit. 17, § 1235 et seq.
Colorado comprehensively regulates the third-party gamete donation industry by requiring gamete banks to obtain a license to do business in the state and, among other things, for donations made after January 1, 2025, requiring release of a donor’s identity to a requesting donor conceived person at age 18; collection of specific donor information; permanent record retention; provision of written psychoeducational materials to donors and recipients; a 25-family limit per donor; and a minimum donor age limit. USDCC was proud to lead the effort
Colo. Rev. Stat. Ann. § 25-57-101 et seq.
Delaware requires gamete banks to register with the state and imposes requirements for HIV testing.
Del. Code Ann. tit. 16, § 2801
Illinois requires banks to register and imposes HIV testing requirements.
20 Ill. Comp. Stat. Ann. 2310/2310-330
Ill. Admin. Code tit. 77, pt. 470
Maryland requires banks to obtain a permit to operate and imposes testing requirements for sexually transmitted diseases.
Md. Code Ann., Health-Gen. § 17-301 et seq.
Md. Code Regs. 10.50.01.01 et seq.
New York requires banks to obtain a license to operate and imposes requirements and/or standards for, among other things, donor qualifications, required testing, informed consent, and required records.
N.Y. Comp. Codes R. & Regs. tit. 10, pt. 52-8
Oregon requires banks to register to do business within the state.
Or. Admin. R. 333-080-0040 et seq.
The pending and enacted legislation listed on this page are provided for informational purposes only. Unless otherwise indicated, inclusion does not denote that the legislation is sponsored, supported, or led by USDCC.