IVF in Colorado: emerging issues in access to reproductive care

It is anticipated that the recent overturning of Roe v. Wade may have trickle down effects that can impact patients seeking fertility treatment. As begin to observe the actual impact that this legislative change is having, we decided it would be an excellent time to meet with a couple of experts to review the current status in the state of Colorado—where we are in practice. Here is a link to our Clinical / Legal Conversation and a listening guide (below) to highlight key points in our dialogue.   

Panel Discussion with two prominent Assisted Reproductive Law attorneys (48:57):  https://youtu.be/WvtA0hxbTRk

 2:00 Introduction of today’s participants

                                Judith Hoechst—Colorado Reproductive Law Center

                                Ellen Trachman—Trachman Law Center

3:20 Clinical Summary of current status

6:00 Reassurance of safety of embryos currently stored in Colorado

7:00 Reproductive Health Equity Act (RHEA—passed April 2022)

  • Codifies rights of pregnant women to make their own decision regarding their reproductive care
  • No independent rights granted for embryos

9:00 Donor Conceived Persons Law (DCP—passed May 2022)

  • grants certain rights to individuals conceived through use of donor eggs / sperm access to the health history / information from their donors upon reaching legal age of adulthood

11:00 Explained potential role of preconception genetic screening of embryos to help reduce the need for pregnancy termination.

14:00 Brief discussion of medications used in pregnancy termination and treatment across state lines

15:30 Considered challenges with relocating embryos from other states to Colorado

17:30 Colorado Surrogacy Act (passed May 2021)

  • law to codify gestational carriers and to
  • create protections for intended parents

21:50 Colorado Building Family Act (passed May 2022)

  • mandate expanding fertility coverage through private health insurance

 25:00 Marlo’s Law (Parental Rights for LGBTQ parents—August 2021)

  • stream-line formalization of parentage
  • Birth certificates alone may not be recognized across state lines without a court order therefore this law was enacted to provide such an order

30:00 Unresolved concerns moving forward—recent example of a separating couple in which one partner sought to use embryos created during the marriage against the wishes of the other

33:00 Disposal of embryos

34:00 Embryo donation

37:00 Concerns in transferring embryos from one fertility center to another

39:00 Options for those willing to volunteer or provide donations to organizations seeking to protect reproductive rights

43:00 What to consider moving forward

47:00 Sign off and contact points for additional information

With informed optimism,


Robert Greene, MD, FACOG

Conceptions Reproductive Associates of Colorado

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