(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.
Source: L. 2020: Entire section added, (HB 20-1014), ch. 238, p. 1153, � 1, effective September 14.
13-21-133. Out-of-state civil action against a person or entity prohibited - legally protected health-care activity - out-of-state civil judgment. (1) (a) It is against the public policy of this state for the law of another state to authorize a person to bring a civil action against another person or entity for engaging or attempting or intending to engage in a legally protected health-care activity, as defined in section 12-30-121, or for providing insurance coverage for gender-affirming health-care services, as defined in section 12-30-121, or reproductive health care, as defined in section 25-6-402.
(b) (I) If a person or entity brings an out-of-state civil or criminal action, or attempts to enforce any order or judgment issued in connection with any such action, against another person or entity for engaging in or attempting or intending to engage in a legally protected health-care activity, as defined in section 12-30-121, or for providing insurance coverage for gender-affirming health-care services, as defined in section 12-30-121, or reproductive health care, as defined in section 25-6-402, the person or entity subject to the out-of-state civil or criminal action has a private right of action against the person or entity and, within six years after the date the out-of-state action is commenced, or if the person or entity is attempting to enforce an out-of-state order or judgment, six years after the date enforcement is attempted, may institute a civil action in district court for injunctive relief; actual damages, including the amount of any judgment issued in connection with the out-of-state action, along with any expenses, costs, or reasonable attorney fees incurred in connection with the out-of-state action and civil action filed pursuant to this section; and any other appropriate remedy.
(II) The attorney general may intervene in any out-of-state action brought against the state pursuant to this subsection (1)(b).
(2) A court shall not apply another state's law as described in subsection (1) of this section to a case or controversy heard in a Colorado court.
(3) In any action filed to enforce a foreign judgment issued in connection with any litigation concerning a legally protected health-care activity, as defined in section 12-30-121 (1)(d), the court shall not give any force or effect to any judgment issued without personal jurisdiction or due process or to any judgment that is penal in nature.
Source: L. 2023: Entire section added, (SB 23-188), ch. 68, p. 245, � 7, effective April 14. L. 2025: (1) amended, (SB 25-129), ch. 96, p. 438, � 4, effective April 24.
Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.