(1) If, under the supervision of a licensed physician or advanced practice nurse and with the consent of her husband, a wife consents to assisted reproduction with sperm donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby conceived. If, under the supervision of a licensed physician or advanced practice nurse and with the consent of her husband, a wife consents to assisted reproduction with an egg donated by another woman, to conceive a child for herself, not as a surrogate, the wife is treated in law as if she were the natural mother of a child thereby conceived. Both the husband's and the wife's consent must be in writing and signed by each of them. The physician or advanced practice nurse shall certify their signatures and the date of the assisted reproduction and shall file the consents with the department of public health and environment, where they shall be kept confidential and in a sealed file; however, the physician's failure to do so does not affect the father and child relationship or the mother and child relationship. All papers and records pertaining to the assisted reproduction, whether part of the permanent record of a court or of a file held by the supervising physician or advanced practice nurse or elsewhere, are subject to inspection only upon an order of the court for good cause shown.
A donor is not a parent of a child conceived by means of assisted reproduction,except as provided in subsection (3) of this section.
If a husband provides sperm for, or consents to, assisted reproduction by his wife asprovided in subsection (1) of this section, he is the father of the resulting child.
The requirement for consent set forth in subsection (1) of this section does not applyto the donation of eggs by a married woman for assisted reproduction by another woman or to the donation of sperm by a married man for assisted reproduction by a woman who is not his wife.
Failure of the husband to sign a consent required by subsection (1) of this sectionbefore or after the birth of the child does not preclude a finding that the husband is the father of a child born to his wife pursuant to section 19-4-105 (2)(a).
If there is no signed consent form, the nonexistence of the father-child relationshipshall be determined pursuant to section 19-4-107 (1)(b).
(a) If a marriage is dissolved before placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a dissolution of marriage, the former spouse would be a parent of the child.
(b) The consent of a former spouse to assisted reproduction may be withdrawn by that individual in a record at any time before placement of eggs, sperm, or embryos.
If a spouse dies before placement of eggs, sperm, or embryos, the deceased spouse isnot a parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were to occur after death, the deceased spouse would be a parent of the child.
This section does not apply to the birth of a child conceived by means of sexualintercourse.
For purposes of this section, "donor" is defined in section 19-1-103 (44.5).
Source: L. 87: Entire title R&RE, p. 794, § 1, effective October 1. L. 94: (1) amended,
p. 2737, § 366, effective July 1. L. 2003: Entire section amended, p. 1269, § 60, effective July 1.
L. 2008: (1) amended, p. 128, § 9, effective January 1, 2009.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in § 19-6106 as said section existed in 1986, the year prior to the repeal and reenactment of this title.