In Vitro Fertilization Protection & Gamete Donation Requirements

The act adds statutory protections for in vitro fertilization and other assisted reproductive health-care procedures.

Current law requires gamete banks and fertility clinics (donor banks) to maintain donor identifying information and update it every 3 years. The act requires donor banks to encourage donors to inform the donor banks of significant updates to the donor's medical history after the donor made a donation. The donor bank is then required to document that significant medical history update.

Current law prohibits donor banks from interfering with an adult donor-conceived person communicating about the gamete donor with the donor-conceived person's friends, family, or other third parties. The act encourages donor banks to provide information to donor-conceived persons regarding the physical and emotional risks associated with releasing a donor's private information to outside parties.

The act repeals certain provisions relating to gamete donor record stewardship in the event of donor bank dissolution, bankruptcy, or insolvency and eliminates the requirement that donor banks inform a recipient parent about future implications about a gamete donor's medical history or other persons conceived using the same gamete donor.

Current law requires the department of public health and environment (department) to draft written materials that must be provided to individuals prior to donating or receiving gametes. The act maintains that requirement, but does not require donor banks to use the department's written material. Donor banks are permitted to develop their own written materials to meet the statutory requirement of providing certain information to an individual prior to donating or receiving gametes.

The act eliminates the department's ability to perform on-site inspections or perform in-person investigations on donor banks located outside the state.

(Note: This summary applies to this bill as enacted.)