The main proponent and lobbyist behind HB1259 is Cooper Surgical, which is a medical device company that owns California Cryobank, Northwest Cryobank, and Egg Bank USA. California Cryobank used to be owned by private equity firm, but was purchased by Cooper, a publicly-traded company worth billions of dollars.

No, Colorado already has some of the strongest legal protections in the nation for IVF. The Colorado Reproductive Health Equity Act provides a fundamental right to fertility care, which includes IVF. Colorado also has a “shield law,” and multiple Colorado statutes which prohibit other state laws from impacting patients or providers in Colorado. Additionally, Colorado law clearly defines an embryo is not a person and therefore any claim of “wrongful death” for destroying an embryo wouldn’t be possible, like it was in Alabama.

There is no evidence that the Donor Conceived Person Protection Act (DCPPA), which only took effect January 1st, 2025, is reducing donor supply. In fact, since its passage, at least one new sperm bank has opened in Colorado due to the business opportunity of being a local bank that complies with the law. Additionally, major egg and sperm banks report no decline in donor applications. They have stated that the law “does not appear to be affecting potential donors’ willingness to donate to Colorado recipients.”

Additionally, it’s important to know that the DCPPA does not apply to sperm or eggs collected prior to January 1st, 2025. This means that all sperm and egg in inventory at commercials banks are eligible to continue to be sold in Colorado to families.

HB25-1259 would dismantle key protections in the Donor Conceived Persons Protection Act (DCPPA). It would repeal medical update requirements, informed consent provisions, and educational materials for donors and parents. The bill would also allow companies to restrict donor-conceived people from discussing their origins, eliminate critical record-keeping requirements, and strip the agency’s ability to enforce the law—making it effectively meaningless.

• Risks safety for families by repealing the requirement that banks “make a good faith effort” to maintain current contact information and medical history of donors. The requirement in DCPPA is reasonable and satisfied with very little administrative burden, such as a periodic postcard or email every three years. 

• Undermines identity-release by re-legalizing the use of conditioning identity-release with a  non-disclosure agreement (NDA) to prevent adult donor-conceived people from discussing with their family and close friends. 

• Removes permanent record-keeping by repealing the requirement that a bank have a plan for their records in the event the bank goes out of business, is acquired, or dissolves.

• Repeals the development of education materials by CDPHE in consultation with mental health professionals, LGBT organizations, and single parents and instead directs in-state commercial banks to create their own materials and no longer requires out-of-state banks to have any educational materials.

• Undermines the 25-family-per-donor limit by repealing the directive that banks have to require live birth reporting as a means of tracking and enforcing 

• Removes the ability of CDPHE to investigate complaints on entities they regulate. This part of the law was originally added as a cleanup effort in 2024 by request of CDPHE.

Those of us opposing HB1259 have repeatedly said that we’re open to constructive conversations about how to ensure the DCPPA works for everyone involved—industry, families, donor-conceived people, etc. However, any changes should go through stakeholding where all parties have a seat at the table to ensure buy-in and consensus. What should NOT happen is a bill written by the industry that actively shut out donor-conceived people, LGBTQ families, and relevant mental health professionals.