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1 H.777
2 Introduced by Representatives Rachelson of Burlington and Holcombe of
3 Norwich
4 Referred to Committee on
5 Date:
6 Subject: Health; reproductive health; gamete agencies, gamete banks, and
7 fertility clinics; donor-conceived persons
8 Statement of purpose of bill as introduced: This bill proposes to regulate
9 gamete agencies, gamete banks, and fertility clinics, including creating
10 licensure requirements for these facilities. The bill would also establish
11 requirements for collecting and disclosing identifying information and medical
12 history about the donors of sperm, eggs, and embryos and would impose limits
13 on the number of live births per egg or sperm donor and on the number of egg-
14 retrieval cycles per egg donor.
15 An act relating to donor-conceived persons and gamete agencies, gamete
16 banks, and fertility clinics
17 It is hereby enacted by the General Assembly of the State of Vermont:
18 Sec. 1. 18 V.S.A. chapter 108 is added to read:
19 CHAPTER 108. DONOR-CONCEIVED PERSONS AND GAMETE
20 AGENCIES, GAMETE BANKS, AND FERTILITY CLINICS
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1 § 5241. FINDINGS
2 The General Assembly finds that:
3 (1) Many Vermonters are conceived or establish their families through
4 some form of assisted reproduction involving a third-party sperm, egg, or
5 embryo provider, also known as a gamete “donor,” whose identity is unknown
6 to the family at the time of donation. The individuals conceived through
7 assisted reproduction with a donor are referred to in this chapter as “donor-
8 conceived persons.”
9 (2) The interests of donor-conceived persons must be considered and
10 protected. Information about the personal and family medical history of the
11 gamete donors used in conception can impact medical care for donor-
12 conceived persons and their children, and nonidentifying medical information
13 about the gamete donor used in conception must be available to all donor-
14 conceived persons and their parents.
15 (3) It is important to many, but not all, donor-conceived persons to
16 know the identity of the gamete donor used in their conception. A donor-
17 conceived person must have the ability to access identifying information about
18 the gamete donor used in the donor-conceived person’s conception on or after
19 the date on which the donor-conceived person attains 18 years of age. Some
20 donor-conceived persons are or may be interested in having contact with the
21 donor and among persons conceived and families established with the same VT LEG #372424 v.1
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1 donor who was unknown to the donor-conceived person’s recipient parents at
2 the time of donation. A limit on the number of live births per donor per
3 gamete agency, gamete bank, or fertility clinic furthers the ability of these
4 donor-conceived persons to establish this contact.
5 (4) Studies have shown that family secrecy about family formation can
6 negatively affect children and family relationships.
7 (5) Before using donated gametes, individuals who are considering
8 using donated gametes to conceive children should have access to more
9 information and resources about donor-conceived persons, including tools and
10 resources for discussing donor conception with their children in ways that are
11 age-appropriate and reflect the interests and lived experience of donor-
12 conceived persons.
13 (6) Before donating gametes, gamete donors should have access to
14 information and resources about the interests of donor-conceived persons and
15 have clarity about the information that may be shared with recipient parents
16 and donor-conceived persons.
17 (7) Most gametes or embryos from donors that are provided to recipients
18 located in Vermont are provided from gamete agencies, gamete banks, or
19 fertility clinics located in other states.
20 (8) It is necessary and appropriate to protect the health and welfare of
21 donor-conceived persons and their families in Vermont by regulating the use of
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1 donated gametes provided from gamete agencies, gamete banks, or fertility
2 clinics located within or outside Vermont to recipients in, or who are residents
3 of, Vermont.
4 § 5242. DEFINITIONS
5 As used in this chapter:
6 (1) “Assisted reproduction” means a method of causing pregnancy other
7 than sexual intercourse. The term includes:
8 (A) intrauterine or intracervical insemination;
9 (B) donation of gametes or embryos;
10 (C) in-vitro fertilization and transfer of embryos; and
11 (D) intracytoplasmic sperm injection.
12 (2) “Department” means the Vermont Department of Health.
13 (3) “Donor” means an individual who produces eggs or sperm collected
14 by a gamete agency, gamete bank, or fertility clinic or whose eggs or sperm
15 created an embryo received by a gamete agency, gamete bank, or fertility
16 clinic for use in assisted reproduction by a recipient who is unknown to the
17 donor of the gametes at the time of donation. The term “donor” only applies to
18 the regulation of gamete agencies, gamete banks, or fertility clinics pursuant to
19 this chapter and does not apply for the purposes of determining parentage.
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1 (4) “Donor-conceived person” means an individual of any age who was
2 born as a result of assisted reproduction using gametes from a donor unknown
3 to the recipient parent or parents at the time of donation.
4 (5) “Fertility clinic” means an entity or organization that performs
5 assisted reproduction medical procedures and receives donor gametes for a
6 recipient in, or who is a resident of, Vermont, and the recipient and gamete
7 donor are unknown to each other at time of donation.
8 (6) “Gamete” means unfertilized oocytes or sperm.
9 (7) “Gamete agency” means an oocyte or sperm donor matching agency
10 that is located within or outside Vermont and matches gamete donors with
11 recipients in, or who are residents of, Vermont, and the potential recipients and
12 gamete donors are unknown to each other at time of donation.
13 (8) “Gamete bank” means an entity or organization that collects gametes
14 from a donor or receives embryos and provides gametes or embryos to a
15 recipient parent or parents or the recipient parent’s medical provider when the
16 recipient and donor are unknown to each other at time of donation, and that is
17 located within or outside Vermont and provides gametes or embryos to a
18 recipient parent or parents in, or who are residents of, Vermont.
19 (9) “Identifying information” means:
20 (A) the donor’s full name;
21 (B) the donor’s date of birth; and VT LEG #372424 v.1
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1 (C) the donor’s permanent and, if different, current address or other
2 contact information at the time of the donation, or, if different, the donor’s
3 current address or other contact information, or both, as retained by the gamete
4 agency, gamete bank, or fertility clinic.
5 (10) “Matches” or “matches gametes” means the process of matching a
6 donor with a recipient in, or who is a resident of, Vermont.
7 (11) “Medical history” means information regarding any:
8 (A) present physical illness of the donor;
9 (B) past illness of the donor; and
10 (C) social, genetic, and family medical history pertaining to the
11 donor’s health.
12 (12) “Mental health professional” means a person who is licensed,
13 registered, or certified to provide mental health services as a psychiatrist
14 pursuant to 26 V.S.A. chapter 23 or 33; as a psychologist pursuant to
15 26 V.S.A. chapter 55; as a social worker pursuant to 26 V.S.A. chapter 61; as a
16 clinical mental health counselor pursuant to 26 V.S.A. chapter 65; as a
17 marriage and family therapist pursuant to 26 V.S.A. chapter 76; as a
18 psychoanalyst pursuant to 26 V.S.A. chapter 77; or an out-of-state professional
19 who is a licensed psychiatrist, clinical psychologist, or professional counselor.
20 (13) “Recipient” or “recipient parent” means a person who receives
21 donor gametes or embryos as an intended parent from a gamete agency,
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1 gamete bank, or fertility clinic for use in assisted reproduction for the purpose
2 of conceiving a child.
3 § 5243. COLLECTION OF IDENTIFYING INFORMATION AND
4 MEDICAL HISTORY
5 (a) Except as provided in subsection (c) of this section, a gamete agency,
6 gamete bank, or fertility clinic that collects gametes from a donor or matches a
7 donor with a recipient shall collect the donor’s identifying information and
8 medical history and shall make a good-faith effort to maintain current contact
9 information and updates on medical history of the donor by requesting updates
10 from the donor at least once every three years.
11 (b) A gamete agency, gamete bank, or fertility clinic that receives gametes
12 or embryos collected by a different gamete agency, gamete bank, or fertility
13 clinic shall collect the name, address, telephone number, and e-mail address of
14 the gamete agency, gamete bank, or fertility clinic from which it received the
15 gametes or embryos at the time it receives the gametes or embryos. A gamete
16 bank or fertility clinic that collects gametes from a donor who was matched
17 with a recipient by a gamete agency that is a separate entity shall collect and
18 maintain the name, address, telephone number, and e-mail address of that
19 gamete agency.
20 (c) A fertility clinic that collects gametes from a donor who was matched
21 with a recipient by a gamete agency that is a separate entity is not subject to
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1 the requirements of subsection (a) of this section but shall provide copies of
2 any and all medical and screening records of the donor, including the results of
3 genetic testing, to the gamete agency that matched the donor.
4 (d) A gamete agency, gamete bank, or fertility clinic shall disclose the
5 information collected pursuant to subsections (a) through (c) of this section
6 pursuant to the requirements of section 5246 of this chapter.
7 § 5244. DECLARATION REGARDING DISCLOSURE OF IDENTIFYING
8 INFORMATION AND MEDICAL HISTORY
9 (a) Except as provided in subsection (e) of this section, a gamete agency,
10 gamete bank, or fertility clinic that matches or collects gametes from a donor
11 who is unknown to the recipient parent or parents at the time of the donation
12 shall do all of the following:
13 (1) Provide the donor with information about disclosure of identifying
14 information and medical history in its records.
15 (2) Obtain a declaration from the donor agreeing to the identity
16 disclosure described in subsection (b) of this section.
17 (3) Maintain identifying information and medical history about each
18 donor. The gamete agency, gamete bank, or fertility clinic that matched or
19 collected the gametes shall maintain records of donor and gamete screening
20 and testing and comply with reporting requirements, in accordance with federal
21 law and applicable laws of this State other than those set forth in this chapter VT LEG #372424 v.1
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1 and consistent with the guidelines of the American Medical Association and
2 the American Society for Reproductive Medicine.
3 (b) Except as provided in subsection (e) of this section, a gamete agency,
4 gamete bank, or fertility clinic shall have each donor sign a declaration,
5 attested by a notarial officer or witnesses, that the donor agrees to the
6 disclosure of the donor’s identity to a donor-conceived person conceived with
7 the donor’s gametes or embryo formed with the donor’s gametes on request of
8 the donor-conceived person after the donor-conceived person is 18 years of age
9 or older.
10 (c) A gamete agency, gamete bank, or fertility clinic located in Vermont
11 shall not match or collect gametes from a donor who does not agree to the
12 disclosure of the donor’s identity as set forth in subsection (b) of this section.
13 (d) A gamete agency, gamete bank, or fertility clinic located outside
14 Vermont shall not match or provide gametes from a donor who does not agree
15 to the disclosure of the donor’s identity as set forth in subsection (b) of this
16 section to a recipient parent or parents located in, or who are residents of,
17 Vermont.
18 (e) A gamete bank or fertility clinic that collects gametes from a donor who
19 was matched with a recipient by a gamete agency that is a separate entity is not
20 subject to the requirements of subsection (a) or (b) of this section.
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1 § 5245. DISCLOSURE OF IDENTIFYING INFORMATION AND
2 MEDICAL HISTORY
3 (a) Except as provided in subsection (d) of this section, upon the request of
4 a donor-conceived person who is 18 years of age or older, a gamete agency,
5 gamete bank, or fertility clinic that matched or collected the gametes used in
6 the assisted reproduction of such donor-conceived person shall provide the
7 donor-conceived person with the identifying information of the donor who
8 provided the gametes or embryo. A gamete agency, gamete bank, or fertility
9 clinic shall not impede or prohibit compliance with this section or
10 communication between:
11 (1) an adult donor-conceived person and the donor whose gametes
12 were used to conceive the donor-conceived person; or
13 (2) an adult donor-conceived person and the person’s friends, family,
14 or other third parties about the donor whose gametes were used to conceive the
15 donor-conceived person.
16 (b) Except as provided in subsection (d) of this section, upon the request of
17 a donor-conceived person who is 18 years of age or older, or, if the donor-
18 conceived person is a minor, by a parent or guardian of the minor donor-
19 conceived person, a gamete agency, gamete bank, or fertility clinic that
20 matched or collected the gametes used in the assisted reproduction, regardless
21 of whether the gamete agency, gamete bank, or fertility clinic performed the VT LEG #372424 v.1
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1 assisted reproduction, shall provide the donor-conceived person, or, if the
2 donor-conceived person is a minor, by a parent or guardian of the minor donor-
3 conceived person, access to any nonidentifying medical history of the donor
4 that is maintained by the gamete agency, gamete bank, or fertility clinic.
5 (c) Upon the request of a donor-conceived person who is 18 years of age or
6 older, or, if the donor-conceived person is a minor, a parent or guardian of the
7 minor donor-conceived person:
8 (1) a gamete agency, gamete bank, or fertility clinic that received the
9 gametes or embryo used in the assisted reproduction from another gamete
10 agency, gamete bank, or fertility clinic shall disclose the name, address,
11 telephone number, and e-mail address of the gamete agency, gamete bank, or
12 fertility clinic from which it received the gametes or embryo; and
13 (2) a gamete bank or fertility clinic that collected gametes from a donor
14 who was matched with a recipient by a gamete agency that is a separate entity
15 shall disclose the name, address, telephone number, and e-mail address of the
16 gamete agency that matched the donor and the recipient.
17 (d) A gamete bank or fertility clinic that collects gametes from a donor who
18 was matched with a recipient by a gamete agency that is a separate entity is not
19 subject to the requirements of subsection (a)