Colo. Rev. Stat. § 25-57-103

Current through Chapter 492 of the 2024 Legislative Session

Section 25-57-103 - Definitions

As used in this article 57, unless the context otherwise requires:

(1) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes:

(a) Intrauterine or intracervical insemination;

(b) Donation of gametes or embryos;

(c) In-vitro fertilization and transfer of embryos; and

(d) Intracytoplasmic sperm injection.

(2) "Department" means the Colorado department of public health and environment.

(3) "Donor" means an individual who produces eggs or sperm collected by a gamete agency, gamete bank, or fertility clinic or whose eggs or sperm created an embryo received by a gamete agency, gamete bank, or fertility clinic for use in assisted reproduction by a recipient who is unknown to the donor of the gametes at the time of donation. A donor and a recipient parent or parents are "unknown" to each other if a gamete agency, gamete bank, or fertility clinic introduced or initiated the match or connection between the donor and recipient parents, and the donor and recipient parent or parents do not mutually exchange identifying information. The term "donor" only applies to the regulation of gamete agencies, gamete banks, or fertility clinics pursuant to this article 57 and does not apply for the purposes of determining parentage.

(4) "Donor-conceived person" means an individual of any age who was born as a result of assisted reproduction using gametes from a donor unknown to the recipient parent or parents at the time of donation.

(5) "Fertility clinic" means an entity or organization located in Colorado that performs assisted reproduction medical procedures and receives donor gametes for a recipient and the recipient and gamete donor are unknown to each other at time of donation.

(6) "Gamete" means unfertilized oocytes or sperm.

(7) "Gamete agency" means an oocyte or sperm donor matching agency that:

(a) Matches gamete donors with recipients; and

(b) Matches the potential recipients and gamete donors who are unknown to each other at the time of the donation; and

(c)

(I) Is located within Colorado; or

(II) Is located outside of Colorado and matches intended recipients located in Colorado during the matching process with gamete donors.

(8) "Gamete agency, gamete bank, or fertility clinic" means any one of such entities as defined in this section.

(9) "Gamete bank" means an entity or organization that:

(a) Collects gametes from a donor or receives embryos; and

(b) Provides gametes or embryos to a recipient parent or parents or the recipient parent's medical provider when the recipient and donor are unknown to each other at time of donation; and

(c)

(I) Is located within Colorado; or

(II) Is located outside of Colorado and provides gametes or embryos to a recipient parent or parents located in Colorado.

(10) "Identifying information" means:

(a) The donor's full name;

(b) The donor's date of birth; and

(c) The donor's permanent and, if different, current address or other contact information at the time of the donation, or, if different, the donor's current address or other contact information or both as retained by the gamete agency, gamete bank, or fertility clinic.

(11) "Matches" or "matches gametes" means the process of matching a donor with a recipient in Colorado. A "match" is made by a gamete agency, and a match is considered made when an intended recipient parent selects a specific potential donor, or agrees to receive a specific potential donor's gametes, prior to the collection of the gametes.

(12) "Medical history" means information regarding any:

(a) Present physical illness of the donor;

(b) Past illness of the donor; and

(c) Social, genetic, and family medical history pertaining to the donor's health.

(13) "Mental health professional" means a person who is certified or licensed pursuant to article 245 of title 12 or an out-of-state professional who is a licensed psychiatrist, clinical psychologist, or professional counselor.

(14) "Recipient" or "recipient parent" means a person who receives donor gametes or embryos as an intended parent from a gamete agency, gamete bank, or fertility clinic for use in assisted reproduction for the purpose of conceiving a child.

(15) "State board" means the Colorado state board of health.

C.R.S. § 25-57-103

Amended by 2024 Ch. 223,§ 2, eff. 5/22/2024.

Added by 2022 Ch. 279, § 1, eff. 8/10/2022.

2022 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).