In 2022, Colorado passed the Donor-Conceived Persons and Families Protection Act (DCPPA).
This law went into effect on January 1, 2025, making Colorado the first state to ban anonymous egg and sperm donation. While much of the conversation surrounding the new law has centered on fertility clinics and sperm and egg banks, this law also has implications for some embryo donation programs*.
*It is important to note that this law applies exclusively to embryo adoption and donation programs that assume legal ownership of donated embryos, mainly donation programs within fertility clinics. Programs that merely facilitate and coordinate donations and adoptions, without holding legal rights to the embryos, are not impacted.
What does DCPPA require?
Here are the most important parts of the DCPPA:
- No Anonymous Donations: The donors’ identity can be shared with donor-conceived children when they reach the age of 18.
- Age: Egg and sperm donors must be at least 21 years old.
- Donation Limits: Each donor can contribute to no more than 25 families.
- Medical & Contact Information: Donors must provide medical and family history, with updates collected every three years.
- Record Keeping: Fertility clinics and embryo donor programs must keep the identity and medical records of the donors and make them available to the donor-conceived children if asked when they reach the age of 18.
How does this law affect embryo donation?
1. Embryos Created Before vs. After 2025
Embryos created prior to 2025 that involve anonymous egg and/or sperm donors can still be adopted, as they were created under previous laws and regulations. All embryos created in 2025 and onward from new egg or sperm donations must comply with DCPPA standards, meaning donor identity will be accessible.
For embryo donation programs, this creates a clear line: they must distinguish between embryos created before and after 2025 and educate prospective recipients and embryo donors.
2. More Transparency for Adoptive Families
Families adopting embryos will now receive more detailed donor medical information and updates from the fertility clinics or embryo adoption program. They will also have the peace of mind that their child will have the legal right to learn of donor identities in the future, if they choose to do so.
This level of openness can feel different from past practices, but it helps families prepare for questions their children may ask in the future.
3. Identity Rights for Donor-Conceived Children
Children born from adopted embryos will now have access to genetic information at the age of 18. They will have the legal right to request details on the donor’s identity, just like children conceived through donor sperm or eggs.
4. Program Policy Changes
To abide by the new regulations laid out by DCPPA, fertility clinics and some programs that store embryos must:
- Update legal agreements to reflect new disclosure rules set forth by the DCPAA.
- Revise educational materials for embryo donors and adoptive families.
- Track how many families a donor has donated to (25 families per donor).
- Ensure record-keeping systems are secure and can manage permanent identity and medical information.
5. Donor Availability and Supply
There is a worry that the end of anonymity could discourage egg and sperm donors, which may reduce the number of embryos available for adoption over time. Programs may need to reassure potential donors about what disclosure involves and highlight the long-term benefits for donor-conceived children and for the donors themselves.
Why DCPPA Matters
The DCPPA represents a shift in focus from donor privacy to the rights of children. For embryo donation and adoption programs, it means embracing greater transparency and preparing families for a future in which openness is not optional but legally protected.
Ultimately, this law strengthens the foundation of embryo adoption by ensuring children will have access to the knowledge and information they may need later in life.
For embryo donation and adoption programs, Colorado’s Donor-Conceived Persons and Families Protection Act requires operational adjustments, but it also creates an opportunity to build deeper trust with potential clients. In the end, this law ensures that children born through embryo adoption will grow up with more answers, fewer unknowns, and a stronger sense of identity.
To learn more about embryo adoption and donation, visit EmbryoAdoption.org.
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