Summary: This bill places a duty on fertility clinics and gamete banks to collect identifying information and medical history from sperm and egg donors. It then allows individuals conceived by one of the donor sperm/eggs to request identifying information about the donor once they reach age 18 and allows parents to request non-identifying medical history at any time through the child’s development.

Analysis: This legislation introduces a new duty for fertility clinics and gamete banks operating in Delaware regarding the collection, retention, and disclosure of information about sperm and egg donors.

Under the bill, clinics and gamete banks would be required to collect identifying information from donors—including their full name, date of birth, and contact information—along with medical history at the time of donation. Facilities must maintain those records and comply with applicable federal screening and reporting requirements related to donor testing.

Non-identifying medical history must be made available upon request to the parents or guardians of a child conceived by use of donor sperm/eggs; it must then be made available direct to the child once they have reached 18yrs old. Any actual dentifying information about the donor may be requested by the child once they turn 18. This information must be retained by clinics even upon transfering sperm/eggs to another clinic.

This bill focuses primarily on transparency and recordkeeping requirements within the industry of IVF related procedures. There is not only a current lack of regulations and transparency among said industry, but bill like HB 374 (2024) have also removed medical libility from medical professionals within this industry further failing to protect those who utilize such services. By requiring such information be maintained, the idea of better regulations that actually consider the child conceived through fertilization procedures can be discussed–moving away from the commodification of children and recognizing their needs and rights.