(1) A health care provider commits misuse of gametes if the health care provider knowingly treats or assists in the treatment of a patient through assisted reproduction by using gametes from a donor that the patient did not expressly consent to the use of that donor’s gametes.
(2) Misuse of gametes is a class 6 felony.
(3) 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.
L. 2020: Entire section added, (HB 20-1014), ch. 238, p. 1155, § 3, effective September 14.
