Antidote to archaic reproductive laws essential for LGBTQ+ families | OPINION

Emily Altadonna
Across the country, right-wing attacks on reproductive rights have intensified, not only targeting abortion but also in vitro fertilization (IVF) and the LGBTQ+ families who rely on it to build their families. The recent Alabama Supreme Court decision defining embryos as children sent shockwaves through the fertility care community, jeopardizing access to essential medical treatments and fueling efforts to roll back reproductive freedoms nationwide.
As an LGBTQ+ individual who has utilized IVF and donor sperm to establish my family, I am acutely aware of the essential role accessible and equitable reproductive health care plays in facilitating family-building. Colorado has long been a leader in reproductive health care, but we are not immune to these threats, as evidenced by the passage of Senate Bill 224 in 2022. This bill hurried through in the last few weeks of session is almost identical to policies pushed in other states by the Heritage Foundation — key players in the creation of Project 2025.
Following the Heritage Foundation playbook, the bill puts unnecessary burdens on potential egg and sperm donors from tracking donors and requiring them to divulge a full medical history (including family deaths or the birth of their own children) every three years for the rest of their lives to allowing donor-conceived persons to “out” their donor to their family, friends and employers.
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It’s not hard to imagine what effect this will have on access to affordable, diverse, donor-based fertility treatment for LGBTQ+ families, families of color, families suffering with infertility and countless others. Though states from Vermont to New York quickly saw this wolf-in-sheep’s-clothing legislation for what it is — an attempt to rollback access to reproductive health care and fertility treatment — this legislation passed right through Colorado’s Democratic trifecta state government. It’s no surprise this bill had the support of many staunch pro-life Republicans — the shock comes from watching Democrats be blindsided by something so antithetical to their core beliefs.
This is a perfect example of why our laws must keep pace with this shifting landscape to protect every family’s right to access fertility care. That’s why the Colorado legislature must pass House Bill 1259, which reverses some of the most damaging provisions of Senate Bill 224, to ensure continued access to IVF for LGBTQ+ families like mine and others who depend on these treatments to create their families.
IVF and other forms of assisted reproduction are not just medical treatments; they are pathways to parenthood. HB-1259 makes critical adjustments to Colorado’s laws governing IVF and donor conception, in particular removing the burdensome and unnecessary requirement sperm and egg donors be tracked every three years for the rest of their lives. And though it keeps in place provisions that allow donor-conceived individuals to learn the identity of their donors at 18, it balances transparency concerns with privacy protections that prevent donors’ personal information from being shared publicly which has led to stalking and other forms of intimidation.
This bill does not weaken safety standards; it keeps in place the extensive medical and genetic screening donors must undergo before participating while removing unnecessary barriers that discourage donor participation, which, in turn, drive up costs for families seeking fertility treatment.
A recent survey found nearly 70% of potential sperm donors would be discouraged from donating under Colorado’s current legal framework. Six in 10 said they would stop donating altogether due to lifetime tracking requirements. These burdens make it harder for families, especially diverse families, to access the reproductive health care they need. By addressing these veiled consequences, HB 1259 will ensure every hopeful parent has a fair chance to start a family.
Anti-LGBTQ+ politicians and organizations like the Heritage Foundation have long sought to control who gets to build a family, and their attacks on IVF are part of a broader strategy to undermine reproductive freedom for everyone. Don’t be fooled by recent purposeful attempts to spread misinformation and fear about HB-1259. Rather than silencing the voices of LGBTQ+ prospective parents, this legislation safeguards our right to form diverse and meaningful families. In its absence, Coloradans risk witnessing a continued decline in the donor pool, leading to prohibitively high costs, as has been observed in other countries with comparable legal frameworks.
The right to parent should not be subject to the whims of political agendas, yet this is the very aim of many right-wing proponents; creating a framework where only certain privileged groups are allowed to start families. Such an approach undermines the fundamental principle of equality, perpetuating a narrative some families, and the methods by which they are formed, are inherently more valid than others. This dangerous view must be rejected.
Lawmakers who claim to support “family values” must prove it by protecting all families, not just those that fit a narrow, outdated mold. With HB-1259, Colorado can reaffirm its commitment to reproductive freedom and ensure every person, regardless of sexual orientation, gender identity, income, or relationship status, has the opportunity to build the family they dream of.
Emily Altadonna is an openly lesbian social media creator, wife and mother of two daughters, and advocate for LGBTQ+ rights, focused on amplifying visibility and normalizing LGBTQ+ families. Her personal journey with IVF and sperm donation fuels her advocacy for equitable access to fertility care and reproductive freedoms.Transitioning from affecting the LGBTQ+ community, particularly reproductive rights, family-building and women’s health care.

