13-21-132. Civil liability for misuse of gametes - definitions.

Statute text

(1) As used in this section, unless the context otherwise requires:

(a) "Assisted reproduction" means a method of causing pregnancy through means other than by sexual intercourse. "Assisted reproduction" includes, but is not limited to:

(I) Intrauterine or intracervical insemination;

(II) Donation of eggs or sperm;

(III) Donation of embryos;

(IV) In vitro fertilization and embryo transfer; and

(V) Intracytoplasmic sperm injection.

(b) "Donor" means an individual who expressly provides consent to provide donated eggs, sperm, or embryos for a patient for assisted reproduction.

(c) "Gametes" means one or more cells containing a haploid complement of DNA that has the potential to form an embryo when combined with another gamete. Sperm and eggs are gametes. A gamete may consist of nuclear DNA from one human being combined with the cytoplasm, including cytoplasmic DNA, of another human being.

(d) "Health care provider" means any individual who is authorized to practice some component of the healing arts by license, certificate, or registration pursuant to title 12.

(2) Any of the following may bring an action against a health care provider who, in the course of performing or assisting an assisted reproduction procedure on a patient, knowingly uses gametes from a donor that the patient did not expressly consent to the use of that donor's gametes:

(a) A patient who gives birth to a child after being treated through assisted reproduction by the health care provider;

(b) A spouse or partner of a patient described in subsection (2)(a) of this section;

(c) A surviving spouse or partner of a patient described in subsection (2)(a) of this section; or

(d) A child born as a result of the actions of the health care provider.

(3) A plaintiff who prevails in an action pursuant to this section is entitled to reasonable attorney fees and either:

(a) All damages reasonably necessary to compensate the plaintiff for any injuries suffered as a result of the health care provider's actions, including but not limited to emotional or mental distress; or

(b) Liquidated damages of fifty thousand dollars.

(4) A person who brings an action pursuant to subsection (2) of this section has a separate cause of action for each child born as the result of the assisted reproduction procedure.

(5) Nothing in this section prohibits a person from pursuing any other remedy provided by law.

History

Source: L. 2020: Entire section added, (HB 20-1014), ch. 238, p. 1153, 1, effective September 14.