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Indiana Law Journal

Document Type

Note

Publication Date

2024

Publication Citation

99 Indiana Law Journal 1015 (2024)

Abstract

On May 31, 2022, Colorado became the first state in the country to ban anonymous gamete (i.e., sperm and egg) donation through the enactment of the Donor- Conceived Persons and Families of Donor-Conceived Persons Protection Act. By 2043, donor-conceived Coloradans over the age of eighteen will gain access to the donor’s identifying information, such as the donor’s full name and permanent address, as well as their medical history. However, this newfound right to information also imposes heightened obligations on donor gamete agencies to obtain and track the data from their donors. Given the novelty of such legislation in the United States, crucial questions exist for the feasibility and efficacy of ensuring compliance within the gamete donation industry. This Note serves to explore four key provisions of the Act: access to donor information, donor limitations, age requirements for donors, and the educational materials provided to gamete donors and recipients. After analyzing these provisions, this Note compares the gamete donation legislation in Colorado with those found in the United Kingdom, Australia, and Denmark. This Note concludes by recommending the best path forward for upholding the rights of donor-conceived persons, gamete donors, and gamete recipients alike: a register that facilitates the tracking of identifying information for all parties involved.

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