Disclosure of identifying information and medical history - applicability

(1) Except as provided in subsection (4) of this section, upon the request of a donor-conceived person who is eighteen years of age or older, a gamete agency, gamete bank, or fertility clinic that matched or collected the gametes used in the assisted reproduction of the donor-conceived person shall provide the donor-conceived person with the identifying information of the donor who provided the gametes or embryo. A gamete agency, gamete bank, or fertility clinic shall not impede or prohibit compliance with this section or communication between: (a) An adult donor-conceived person and the donor whose gametes were used to conceive the donor-conceived person; or (b) An adult donor-conceived person and the person's friends, family, or other third parties about the donor whose gametes were used to conceive the donor-conceived person. The donor-conceived person has the right, in accordance with relevant laws, to contact the donor. The donor has a right to respond, engage, or decline contact and communication. (c) A gamete agency, gamete bank, or fertility clinic is encouraged to provide information to a donor-conceived person regarding the physical and emotional risks associated with publicly releasing a donor's private and sensitive information. (2) Except as provided in subsection (4) of this section, upon the request of a donor-conceived person who is eighteen years of age or older, or, if the donor-conceived person is a minor, by a parent or guardian of the minor donor-conceived person, a gamete agency, gamete bank, or fertility clinic that matched or collected the gametes used in the assisted reproduction, regardless of whether the gamete agency, gamete bank, or fertility clinic performed the assisted reproduction, shall provide the donor-conceived person, or, if the donor-conceived person is a minor, by a parent or guardian of the minor donor-conceived person, access to any non-identifying medical history of the donor that is maintained by the gamete agency, gamete bank, or fertility clinic. (3) Upon the request of a donor-conceived person who is eighteen years of age or older, or, if the donor-conceived person is a minor, a parent or guardian of the minor donor-conceived person: (a) A gamete agency, gamete bank, or fertility clinic that received the gametes or embryo used in the assisted reproduction from another gamete agency, gamete bank, or fertility clinic shall disclose the name, address, telephone number, and email address of the gamete agency, gamete bank, or fertility clinic from which it received the gametes or embryo. (b) A gamete bank or fertility clinic that collected gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity shall disclose the name, address, telephone number, and email address of the gamete agency that matched the donor and the recipient. (4) A gamete bank or fertility clinic that collects gametes from a donor who was matched with a recipient by a gamete agency that is a separate entity is not subject to the requirements of subsection (1) or (2) of this section. (5) (a) Subsections (1) and (2) of this section apply only to gametes collected and embryos formed with gametes collected by a gamete agency, gamete bank, or fertility clinic on or after January 1, 2025, for use by a recipient parent or parents who are unknown to the donor at the time of the donation. (b) Subsection (3) of this section applies only to gametes or embryos received by a gamete agency, gamete bank, or fertility clinic on or after July 1, 2023.