Everything You Need to Know About Colorado Law & Assisted Reproduction

Since 1978, when in-vitro-fertilization (IVF) was first used to assist a human pregnancy, the process has become more and more available to people who wish to start a family using a donor egg or sperm. But as with all innovations in healthcare, the law takes a while to catch up.

What is IVF/Assisted Reproduction?

The process of IVF is often used by people who want children but have issues with fertility, although many people choose to use IVF for a variety of other reasons. During an IVF procedure, an egg is fertilized with a sperm, with one or both gametes coming from a donor. This fertilized egg is then implanted in the uterus of the parent wishing to have the child. IVF is different from surrogacy, where the fertilized egg is implanted into a surrogate who will carry the child until birth, at which point the child is given to the legal parents.

Intercourse, otherwise known as natural conception, is NOT a method of IVF or surrogacy and is not considered to be a form of assisted reproduction under Colorado law.

Do donors have parental rights over the child resulting from their donation?

Generally speaking, donors almost never have any claim to parental rights over the children that result from their donation.

According to Colorado law, if a married couple consents to assisted reproduction with a sperm or egg provided by a donor, both husband and wife will be treated as the natural parents of the child.

A donor is not a parent of a child conceived by means of assisted reproduction. The only exception to this is if one parent provides the sperm for the assisted reproduction, in which case that parent is the parent of the resulting child. The law holds true for both anonymous and known donors, meaning even if you know who your donor is, they do not have a claim to any parental rights over the resulting child.

It is important to note that the waiver of the donor’s parental rights does not apply to children who are conceived through intercourse, as it is not considered to be a means of assisted reproduction. If you have intercourse with a donor to conceive a child, they are likely going to be considered the legal parent under Colorado law, and an adoption by another parent will be necessary to terminate the donor’s rights.

Can I create a contract with my donor?

If you are using IVF or another form of assisted reproduction, then yes. You can create or enter a contract with the donor and the facility that addresses issues such as parental rights. Generally, most assisted reproduction programs have some form of contract in which the donor acknowledges that they are giving up their parental rights over the resulting child.

If you are planning on conceiving through intercourse, probably not. It is unlikely that a contract that waives a donor’s parental rights when the child is naturally conceived would be upheld. Colorado statutes surrounding assisted reproduction and surrogacy emphasize that the waiving of parental rights does not extend to natural conception through intercourse. Again, a post-birth adoption would be necessary to terminate the donor’s rights and establish the rights of the other parents if there is one.

Upcoming changes to Colorado law in 2025

In 2022, Colorado became the first state to pass a bill that effectively bans anonymous egg and sperm donation. The “Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act” takes effect on January 1st, 2025. The law will allow donor-conceived individuals the right to learn their donor’s identity when they turn 18 and access that person’s medical history before then.

There will also be a cap on the number of families that can use a specific donor. The purpose of the cap is to prevent the creation of massive “sibling pods,” a phenomenon where there have been as many as 200 siblings born from one donor. The law will also help to prevent donor fraud, which occurs when a doctor uses their own sperm or egg instead of the gamete from the agreed-upon donor to create a child.

Finally, donation banks will be required to maintain a donor’s records and regularly update their medical history. This is a significant step forward in protecting donor-conceived individuals and their families.

Questions About Parenting Rights? We Have Answers!

The law around IVF and assisted reproduction in the state of Colorado is confusing, especially if you don’t know where to start. If you have questions about your rights as a parent or donor, contact the lawyers at JBP .