Informal Sperm Donation in Colorado

Legal Framework and Considerations

In Colorado, informal sperm donation, including at-home artificial insemination (AI), is governed by the Colorado Revised Statutes (C.R.S.) Title 19, Article 4, specifically C.R.S. § 19-4-106, part of the Uniform Parentage Act adapted in Colorado. This statute outlines parentage rules for assisted reproduction, defined broadly in related laws like C.R.S. § 19-4-5-103(2) as "a method of causing pregnancy through means other than sexual intercourse." No physician oversight is required, making at-home AI a legally recognized option when intent and consent are clear.

Key Provisions:

• Definition of Assisted Reproduction:
  • While C.R.S. § 19-4-106 doesn’t explicitly define "assisted reproduction," related statutes like C.R.S. § 19-4-5-103(2) and C.R.S. § 18-13-131(1)(b) align with the 2002 Uniform Parentage Act, listing methods such as:
  • Intrauterine or intracervical insemination
  • Donation of eggs or sperm
  • Donation of embryos
  • In vitro fertilization (IVF) and embryo transfer
  • Intracytoplasmic sperm injection
  • Assisted reproductive technology
  • Crucially, Colorado law does not require these procedures to be supervised by a licensed physician or nurse, supporting informal, at-home AI as a valid method.
• Definition of Donor:
  • C.R.S. § 19-4-106(2) states: "A donor is not a parent of a child conceived by means of an assisted reproductive procedure." This applies to sperm donors in both formal and informal settings, ensuring they have no legal parental rights or duties unless they explicitly intend otherwise.
  • The term "donor" implicitly includes anyone providing sperm for assisted reproduction, not limited to medical facility contexts.
• Donor Paternity and Termination:
  • C.R.S. § 19-4-106(2) shields donors from parentage claims, reinforced by subsection (6.5): "Genetic tests may not be ordered and are not admissible to establish a donor as a parent" or to challenge an intended parent’s status, except to resolve disputes over the conception method. This protects donors in informal AI from being legally tied to the child via DNA.
  • If a donor later acts as a parent (e.g., through consistent involvement), courts could establish paternity based on conduct, making clear intent documentation essential.
  • For married or partnered recipients, C.R.S. § 19-4-106(1) recognizes a consenting spouse or partner as a legal parent if written consent is provided, further isolating the donor.
• Intent and Documentation:
  • C.R.S. § 19-4-106(1) requires written consent from intended parents to establish parentage: "If an intended parent consents in a record to another intended parent becoming pregnant by means of an assisted reproductive procedure, the intended parent who does not give birth is treated in law as the natural parent." For informal AI, a pre-conception agreement between donor and recipient(s)—stating the donor’s non-parental status and recipient’s sole custody—is strongly advised.
  • Notarization isn’t required but enhances enforceability. Without documentation, disputes may rely on evidence of intent, risking donor liability if unclear.
  • Judicial review under C.R.S. § 19-4-130 can interpret agreements based on intent.
• Practical Considerations:
  • At-home AI is popular in Colorado due to its affordability and the law’s flexibility. Donors and recipients often connect via online platforms or personal networks.
  • Physician involvement isn’t required but offers a neutral record. In informal settings, retaining signed agreements, communication logs, and insemination proof is critical for legal clarity.
  • Colorado district courts, per C.R.S. § 19-4-109, handle parentage disputes, prioritizing the child’s best interests but upholding donor protections with clear intent.
• Special Cases:
  • For unmarried recipients or same-sex couples, C.R.S. § 19-4-106(1) allows a non-biological intended parent to establish parentage via written consent, or through adoption post-birth.
  • Surrogacy is governed separately under C.R.S. Title 19, Article 4.5, but sperm donation rules remain consistent for direct recipients.

Colorado’s framework under C.R.S. § 19-4-106 supports informal sperm donation and at-home AI as valid assisted reproduction methods. By defining donors as non-parents, barring genetic tests from establishing donor paternity, and rooting parentage in intent and consent, the law offers a clear path for private arrangements. Thorough documentation ensures donors avoid responsibilities while recipients secure rights, aligning with Colorado’s practical approach to modern family-building.