Gov. Jared Polis (D-CO) signed SB22-224, the “Donor-conceived Persons and Families of Donor-conceived Persons Protection Act,” into law this week, allowing people who were conceived by assisted reproduction information about their donor at any time in their lives.
LGBTQ advocacy groups including, COLAGE, Family Equality, GLBTQ Legal Advocates and Defenders (GLAD), and the National Center for Lesbian Rights (NCLR), supported two main provisions of the new law which: give an individual of any age, who was born through assisted reproduction using unknown donor gametes (“donor-conceived persons”), access to limited non-identifying medical information of their gamete donor. This provision protects similar rights as the Uniform Parentage Act of 2017 does; and give donor-convicted persons over the age of 18 access to identifying information of their gamete donor. This provision will begin in 2025.
“Children and adults who were conceived through gamete donation and their families are a multi-faceted community and we were pleased to see so many different stakeholders brought to the table in the development of SB22-224,” said Shelbi Day, chief policy officer of Family Equality in a news release. “Among the LGBTQ+ parents and intended parents in the Family Equality community, there is a commitment to openness and honesty with their children about the circumstances of their birth through assisted reproduction. We support the structure that SB22-224 will provide for open and honest communication about family origins and applaud Governor Polis for signing it this session alongside legislation that ensures Colorado’s parentage laws include LGBTQ+ people who form their family using assisted reproduction.”
The signing of “Donor-conceived Persons and Families of Donor-conceived Persons Protection Act,” follows the passage of “Marlo’s Law,” HB22-1153, which gives Colorado LGBTQ couples, who create their families using assisted reproduction, the same rights and legal protections as straight couples. It also creates a simple up-to-date adoption process, that includes all types of couples the right to their child, but also gives all children and families legal protections.
“We’re thankful that Governor Polis and Colorado lawmakers are thinking broadly about the importance of protecting families by enacting both H.B. 22-1153 and SB22-224 this session,” said Jordan Budd, executive director of COLAGE in a news release “Together these new laws will provide increased legal security and access to important donor medical information for families formed through assisted reproduction. As an organization dedicated to supporting people with LGBTQ parents, we know that children come into families in many different ways. We are pleased to see Colorado make such big strides in providing protections for LGBTQ families and for all children and families in the state.
The gender and marital status inclusivity of the “Donor-conceived and Families of Donor-convicted Persons Protection Act” and the “Marlo’s Act,” ensure that creating a family through assisted reproduction, remains accessible, safe, affordable, and available for everyone, say advocates
“We commend Governor Polis and the legislature for ensuring that all parent-child relationships and families are protected under Colorado law and for encouraging openness for donor-conceived people. H.B. 22-1153, signed into law last week, ensures that the children of LGBTQ parents are fully protected under state parentage law – protections that are crucial to children’s security and well-being. Legislation regarding family building raises many important issues and involves numerous stakeholders, including children and their parents,” said GLAD Staff Attorney Patience Crozier in a news release. “We applaud the thoughtful approach taken in Colorado to encourage openness for donor-conceived people while at the same time guarding against discrimination or increased barriers in family building and, importantly, ensuring legal security and recognition for families formed through assisted reproduction.”
