Bill Text: IL SB2418 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Creates the Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act. Requires a gamete agency, gamete bank, or fertility clinic to: collect and maintain identifying information and medical history from a donor; obtain a declaration from a donor agreeing to an identity disclosure; provide a donor-conceived person, upon request, with the identifying information of the donor; provide a donor-conceived person, or the parents of a minor donor-conceived person, upon request, nonidentifying medical history of the donor; permanently maintain other specified information; submit a proposed plan to permanently maintain records in the event of dissolution, insolvency, or bankruptcy; and comply with federal reporting requirements. Requires the Department of Public Health to develop written materials for intended recipient parents and gamete donors, which shall be provided to the intended recipient parents and gamete donors by a gamete agency, gamete bank, or fertility clinic. Provides for limitations regarding: the number of families established with gamete matches; the number of donor retrieval cycles per ovum donor; and the age of donors. On or after January 1, 2025, requires a gamete agency, gamete bank, or fertility clinic to be licensed by the Department, and includes application and renewal procedures. Requires the Department to establish a schedule of fees to meet the direct and indirect costs of administration and enforcement of the Act, including a fee for licensure, to be deposited into the Gamete Agency, Gamete Bank, or Fertility Clinic Fund. Allows the Department to issue a provisional license. Provides that it is a violation of the Act for any person, corporation, or other entity to operate as a gamete agency, gamete bank, or fertility clinic without a valid license or in violation of the terms and conditions of a license. Allows the Department to revoke or refuse to renew a license or assess a civil penalty of not more than $20,000 for each day the person violates the Act. Makes conforming changes in the Freedom of Information Act, the State Finance Act, and the Illinois Parentage Act of 2015. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2418 Detail]

Download: Illinois-2023-SB2418-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2418

Introduced 2/10/2023, by Sen. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:
See Index

Creates the Donor-Conceived Persons and Families of Donor-Conceived Persons Protection Act. Requires a gamete agency, gamete bank, or fertility clinic to: collect and maintain identifying information and medical history from a donor; obtain a declaration from a donor agreeing to an identity disclosure; provide a donor-conceived person, upon request, with the identifying information of the donor; provide a donor-conceived person, or the parents of a minor donor-conceived person, upon request, nonidentifying medical history of the donor; permanently maintain other specified information; submit a proposed plan to permanently maintain records in the event of dissolution, insolvency, or bankruptcy; and comply with federal reporting requirements. Requires the Department of Public Health to develop written materials for intended recipient parents and gamete donors, which shall be provided to the intended recipient parents and gamete donors by a gamete agency, gamete bank, or fertility clinic. Provides for limitations regarding: the number of families established with gamete matches; the number of donor retrieval cycles per ovum donor; and the age of donors. On or after January 1, 2025, requires a gamete agency, gamete bank, or fertility clinic to be licensed by the Department, and includes application and renewal procedures. Requires the Department to establish a schedule of fees to meet the direct and indirect costs of administration and enforcement of the Act, including a fee for licensure, to be deposited into the Gamete Agency, Gamete Bank, or Fertility Clinic Fund. Allows the Department to issue a provisional license. Provides that it is a violation of the Act for any person, corporation, or other entity to operate as a gamete agency, gamete bank, or fertility clinic without a valid license or in violation of the terms and conditions of a license. Allows the Department to revoke or refuse to renew a license or assess a civil penalty of not more than $20,000 for each day the person violates the Act. Makes conforming changes in the Freedom of Information Act, the State Finance Act, and the Illinois Parentage Act of 2015. Effective immediately.
LRB103 27438 LNS 53810 b

A BILL FOR

SB2418LRB103 27438 LNS 53810 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Donor-Conceived Persons and Families of Donor-Conceived
6Persons Protection Act.
7 Section 5. Legislative intent.
8 (a) Many Illinoisans are conceived or establish their
9families through some form of assisted reproductive technology
10involving a third party sperm, egg, or embryo provider, also
11known as a gamete "donor", whose identity is unknown to the
12family at the time of donation. A person conceived through
13assisted reproduction with a donor are referred to in this Act
14as a "donor-conceived person".
15 (b) The interests of donor-conceived persons must be
16considered and protected. Information about the personal and
17family medical history of the gamete donors used in conception
18can impact medical care for donor-conceived persons and their
19children, and nonidentifying medical information about the
20gamete donor used in conception must be available to all
21donor-conceived persons and their parents.
22 (c) It is important to many, but not all, donor-conceived
23persons to know the identity of the gamete donor used in their

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1conception. A donor-conceived person must have the ability to
2access identifying information about the gamete donor used in
3the donor-conceived person's conception on or after the
4donor-conceived person reaches 18 years of age. Some
5donor-conceived persons are or may be interested in contact
6with the donor and among persons conceived and families
7established with the same donor who was unknown to the
8donor-conceived person's recipient parents at the time of
9donation. A limit on the number of families per donor per
10gamete agency, gamete bank, or fertility clinic furthers the
11ability of these donor-conceived persons to establish this
12contact.
13 (d) Studies have shown that family secrecy about family
14formation can negatively affect children and family
15relationships.
16 (e) Before using donated gametes, people who are
17considering using donated gametes to conceive children should
18have access to more information and resources about
19donor-conceived persons, including tools and resources for
20discussing donor conception with their children in ways that
21are age-appropriate and reflect the interests and lived
22experience of donor-conceived persons.
23 (f) Before donating gametes, gamete donors should have
24access to information and resources about the interests of
25donor-conceived persons and have clarity about the information
26that may be shared with recipient parents and donor-conceived

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1persons.
2 (g) The General Assembly finds that to protect the health
3and welfare of donor-conceived persons and their families in
4Illinois, the State has a compelling interest to enact the
5Donor-Conceived Persons and Families of Donor-Conceived
6Persons Protection Act to regulate the use of donated gametes
7and provided by gamete agencies, gamete banks, or fertility
8clinics located inside or outside of Illinois to recipients in
9or residents of Illinois.
10 Section 10. Definitions. As used in this Act:
11 "Assisted reproduction" means a method of achieving a
12pregnancy through an artificial insemination or embryo
13transfer, including gamete and embryo donation. "Assisted
14reproduction" does not include any pregnancy achieved through
15sexual intercourse.
16 "Department" means the Department of Public Health.
17 "Donor" means an individual who participates in an
18assisted reproductive technology arrangement by providing
19gametes and relinquishes all rights and responsibilities to
20the gametes so that another individual or individuals may
21become the legal parent or parents of any resulting child.
22"Donor" does not include a spouse in any assisted reproductive
23technology arrangement in which his or her spouse will parent
24any resulting child.
25 "Donor-conceived person" means an individual of any age

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1who was born as a result of assisted reproduction using
2gametes from a donor unknown to the recipient parent or
3parents at the time of donation.
4 "Fertility clinic" means an entity or organization that
5performs assisted reproduction medical procedures and receives
6donor gametes for a recipient in, or who is a resident of, this
7State, and the recipient and gamete donor are unknown to each
8other at the time of donation.
9 "Gamete" means an unfertilized oocyte or sperm.
10 "Gamete agency" means an oocyte or sperm donor matching
11agency located within or outside of this State and matches
12gamete donors with recipients in, or who are residents of,
13this State, and the potential recipients and gamete donors are
14unknown to each other at the time of donation.
15 "Gamete bank" means an entity or organization that
16collects gametes from a donor or receives embryos and provides
17gametes or embryos to a recipient parent or parents or the
18recipient parent's medical provider when the recipient and
19donor are unknown to each other at the time of donation, and
20that is located within or outside of this State and provides
21gametes or embryos to a recipient parent or parents in, or who
22are residents of, this State.
23 "Identifying information" means:
24 (1) the donor's full name;
25 (2) the donor's date of birth; and
26 (3) the donor's permanent and, if different, current

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1 address or other contact information at the time of the
2 donation, or, if different the donor's current address or
3 other contact information or both as retained by the
4 gamete agency, gamete bank, or fertility clinic.
5 "Matches" or "matches gametes" means the process of
6matching a donor with a recipient in, or who is a resident of,
7this State.
8 "Medical history" means information regarding any:
9 (1) present physical illness of the donor;
10 (2) past illness of the donor; and
11 (3) social, genetic, and family medical history
12 pertaining to the donor's health.
13 "Mental health professional" means a person who is a
14licensed psychiatrist, clinical psychologist, or professional
15counselor.
16 "Recipient" or "recipient parent" means a person who
17receives donor gametes or embryos as an intended parent from a
18gamete agency, gamete bank, or fertility clinic for use in
19assisted reproduction for the purpose of conceiving a child.
20 Section 15. Collection of identifying information and
21medical history; applicability.
22 (a) Except as provided in subsection (c), a gamete agency,
23gamete bank, or fertility clinic that collects gametes from a
24donor or matches a donor with a recipient shall collect the
25donor's identifying information and medical history and shall

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1make a good-faith effort to maintain current contact
2information and updates on medical history of the donor by
3requesting updates from the donor at least once every 3 years.
4 (b) A gamete agency, gamete bank, or fertility clinic that
5receives gametes or embryos collected by a different gamete
6agency, gamete bank, or fertility clinic shall collect the
7name, address, telephone number, and email address of the
8gamete agency, gamete bank, or fertility clinic from which it
9received the gametes or embryos at the time it receives
10gametes or embryos. A gamete bank or fertility clinic that
11collects gametes from a donor who was matched with a recipient
12by a gamete agency that is a separate entity shall collect and
13maintain the name, address, telephone number, and email
14address of that gamete agency.
15 (c) A fertility clinic that collects gametes from a donor
16who was matched with a recipient by a gamete agency that is a
17separate entity is not subject to the requirements of
18subsection (a), but shall provide copies of any and all
19medical and screening records of the donor, including the
20results of genetic testing, to the gamete agency that matched
21the donor.
22 (d) A gamete agency, gamete bank, or fertility clinic
23shall disclose the information collected under subsections (a)
24through (c) as required by Section 30.
25 (e) This Section only applies to gametes collected and
26embryos formed with gametes collected by a gamete agency,

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1gamete bank, or fertility clinic on or after January 1, 2025
2for use by a recipient parent or parents who are unknown to the
3donor at the time of the donation.
4 Section 20. Declaration regarding disclosure of
5identifying information and medical history; applicability.
6 (a) Except as provided in subsection (e), a gamete agency,
7gamete bank, or fertility clinic that matches or collects
8gametes from a donor who is unknown to the recipient parent or
9parents at the time of the donation shall:
10 (1) provide the donor with information about
11 disclosure of identifying information and medical history
12 in its records;
13 (2) obtain a declaration from the donor agreeing to
14 the identity disclosure described in subsection (b); and
15 (3) maintain identifying information and medical
16 history about each donor.
17 This information shall be maintained in a manner that
18protects donor privacy consistent with applicable State and
19federal laws.
20 (b) Except as provided in subsection (e), a gamete agency,
21gamete bank, or fertility clinic shall have each donor sign a
22declaration, attested by a notarial officer or witnesses, that
23the donor agrees to the disclosure of the donor's identity to a
24donor-conceived person conceived with the donor's gametes or
25embryo formed with the donor's gametes on request of the

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1donor-conceived person after the donor-conceived person is 18
2years of age or older.
3 (c) A gamete agency, gamete bank, or fertility clinic
4located in this State shall not match or collect gametes from a
5donor who does not agree to the disclosure of the donor's
6identity as set forth in subsection (b).
7 (d) A gamete agency, gamete bank, or fertility clinic
8located outside of this State shall not match or provide
9gametes from a donor who does not agree to the disclosure of
10the donor's identity as set forth in subsection (b) to a
11recipient parent or parents located in, or who are residents
12of, this State.
13 (e) A gamete bank or fertility clinic that collects
14gametes from a donor who was matched with a recipient by a
15gamete agency that is a separate entity is not subject to the
16requirements of subsection (a) or (b).
17 (f) This Section applies only to gametes collected and
18embryos formed with gametes collected by a gamete agency,
19gamete bank, or fertility clinic on or after January 1, 2025,
20for use by a recipient parent or parents who are unknown to the
21donor at the time of the donation.
22 Section 25. Disclosure of identifying information and
23medical history; applicability.
24 (a) Except as provided in subsection (d), upon the request
25of a donor-conceived person who is 18 years of age or older, a

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1gamete agency, gamete bank, or fertility clinic that matched
2or collected the gametes used in the assisted reproduction of
3such donor-conceived person shall provide the donor-conceived
4person with the identifying information of the donor who
5provided the gametes or embryo. A gamete agency, gamete bank,
6or fertility clinic shall not impede or prohibit compliance
7with this Section or communication between:
8 (1) an adult donor-conceived person and the donor
9 whose gametes were used to conceive the donor-conceived
10 person; or
11 (2) an adult donor-conceived person and the adult
12 donor-conceived person's friends, family, or other third
13 parties about the donor whose gametes were used to
14 conceive the donor-conceived person.
15 (b) Except as provided in subsection (d), upon the request
16of a donor-conceived person who is 18 years of age or older,
17or, if the donor-conceived person is a minor, by a parent or
18guardian of the minor donor-conceived person, a gamete agency,
19gamete bank, or fertility clinic that matched or collected the
20gametes used in the assisted reproduction, regardless of
21whether the gamete agency, gamete bank, or fertility clinic
22performed the assisted reproduction, shall provide the
23donor-conceived person, or, if the donor-conceived person is a
24minor, the parent or guardian of the minor donor-conceived
25person, access to any nonidentifying medical history of the
26donor that is maintained by the gamete agency, gamete bank, or

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1fertility clinic.
2 (c) Upon the request of a donor-conceived person who is 18
3years of age or older, or, if the donor-conceived person is a
4minor, a parent or guardian of the minor donor-conceived
5person:
6 (1) A gamete agency, gamete bank, or fertility clinic
7 that received the gametes or embryo used in the assisted
8 reproduction from another gamete agency, gamete bank, or
9 fertility clinic shall disclose the name, address,
10 telephone number, and email address of the gamete agency,
11 gamete bank, or fertility clinic from which it received
12 the gametes or embryo.
13 (2) A gamete bank or fertility clinic that collected
14 gametes from a donor who was matched with a recipient by a
15 gamete agency that is a separate entity shall disclose the
16 name, address, telephone number, and email address of the
17 gamete agency that matched the donor and the recipient.
18 (d) A gamete bank or fertility clinic that collects
19gametes from a donor who was matched with a recipient by a
20gamete agency that is a separate entity is not subject to the
21requirements of subsection (a) or (b).
22 (e) Subsections (a) and (b) apply only to gametes
23collected and embryos formed with gametes collected by a
24gamete agency, gamete bank, or fertility clinic on or after
25January 1, 2025, for use by a recipient parent or parents who
26are unknown to the donor at the time of the donation.

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1Subsection (c) applies only to gametes or embryos received by
2a gamete agency, gamete bank, or fertility clinic on or after
3July 1, 2024.
4 Section 30. Recordkeeping; successor recordkeeper;
5applicability.
6 (a) Except as provided in subsection (f), a gamete agency,
7gamete bank, or fertility clinic shall permanently maintain:
8 (1) identifying information and medical history for
9 each donor with which it matches or from which it collects
10 gametes for use by a recipient parent or parents who are
11 unknown to the donor at the time of the donation;
12 (2) information about the number of families
13 established with each donor's gametes and the efforts of
14 the gamete agency, gamete bank, or fertility clinic to
15 obtain that information under Section 40; and
16 (3) records of gamete screening and testing.
17 (b) A gamete agency, gamete bank, or fertility clinic that
18receives gametes or embryos from another gamete agency, gamete
19bank, or fertility clinic shall permanently maintain the name,
20address, telephone number, and email address of the gamete
21agency, gamete bank, or fertility clinic from which it
22received the gametes or embryos. A gamete bank or fertility
23clinic that collected gametes from a donor who was matched
24with a recipient by a gamete agency that is a separate entity
25shall permanently maintain the name, address, telephone

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1number, and email address of the gamete agency that matched
2the donor and the recipient.
3 (c) Except as provided in subsection (f), in its
4application for a license under Section 45, a gamete agency,
5gamete bank, or fertility clinic shall submit a proposed plan
6to permanently maintain the records described in subsections
7(a) and (b) in the event of dissolution, insolvency, or
8bankruptcy. The plan may include identification of a named
9entity to receive or maintain the records, obtaining a surety
10bond in favor of a third party in an amount sufficient to cover
11the costs of permanent recordkeeping, an obligation to
12condition any sale on the acquiring entity's obligation to
13maintain records consistent with this Section, or similar
14methods. The Department shall not issue a license under
15Section 45 until it approves a plan that it finds sufficient to
16ensure that the records will be permanently maintained by a
17viable entity.
18 (d) Except as provided in subsection (f), upon
19dissolution, insolvency, or bankruptcy, a gamete agency,
20gamete bank, or fertility clinic shall:
21 (1) implement the plan approved by the Department
22 pursuant to subsection (c);
23 (2) file with the Department a statement providing the
24 name and contact information of the successor entity, if
25 any, that will receive and maintain the records described
26 in subsections (a) and (b); and

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1 (3) inform by mail and email sent to the last known
2 address on file all gamete donors whose gametes were
3 collected, matched, or received by the gamete agency,
4 gamete bank, or fertility clinic, as well as recipient
5 parents who received gametes or embryos from the gamete
6 agency, gamete bank, or fertility clinic and reported a
7 pregnancy or live birth, the name and contact information
8 of the successor entity that will receive and maintain the
9 records described in subsections (a) and (b).
10 (e) A gamete agency, gamete bank, or fertility clinic
11shall comply with reporting requirements about gamete
12screening and testing in accordance with federal law and
13applicable laws of this State in addition to those set forth in
14this Act.
15 (f) A gamete bank or fertility clinic that collects
16gametes from a donor who was matched with a recipient by a
17gamete agency that is a separate entity is not subject to the
18requirements of subsection (a), (c), or (d).
19 (g) Subsection (b) applies only to gametes or embryos
20matched or received on or after July 1, 2024. Subsections (a),
21(c), and (d) apply only to gametes matched or collected on or
22after January 1, 2025, for use by a recipient parent or parents
23who are unknown to the donor at the time of the donation.
24 Section 35. Written materials for recipient parents and
25gamete donors.

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1 (a) On or before January 1, 2025, the Department shall
2develop written materials for intended recipient parents. The
3Department shall develop the materials in conjunction with
4licensed mental health professionals who have prior documented
5experience counseling gamete donors, recipients, and
6donor-conceived persons, as well as experience and competency
7in counseling families with lesbian, gay, bisexual, and
8gender-diverse parents and single parents, along with
9organizations representing these communities. The materials
10must include information on the following subjects:
11 (1) that, in light of studies showing that family
12 secrecy about family formation can negatively affect
13 children and family relationships, telling a
14 donor-conceived child at a young age, in an
15 age-appropriate manner, that the child is donor-conceived
16 is associated with improved family functioning and
17 well-being of the donor-conceived child;
18 (2) the ability, and available tools for discussing
19 the ability, that a donor-conceived person will have to
20 learn the identity of the donor of the gametes used in the
21 donor-conceived person's conception and the importance of
22 understanding that many, but not all, donor-conceived
23 persons have a strong desire to know the identity of the
24 donor and of other donor-conceived persons conceived with
25 the same donor's gametes;
26 (3) the needs and interests of donor-conceived

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1 persons;
2 (4) the limitations of donor screening;
3 (5) future implications for the donor-conceived person
4 given that there may be other persons in other families
5 conceived with the same donor's gametes; and
6 (6) future implications of receiving medical history
7 updates about the donor or other persons conceived with
8 the same donor's gametes.
9 (b) On or before January 1, 2025, the Department shall
10develop written materials for gamete donors. The Department
11shall develop the materials in conjunction with licensed
12mental health professionals who have prior documented
13experience counseling gamete donors, recipients, and
14donor-conceived persons, as well as experience and competency
15in counseling families with lesbian, gay, bisexual, and
16gender-diverse parents and single parents, along with
17organizations representing these communities. The materials
18must include information on the following subjects:
19 (1) understanding the potential emotional and social
20 impacts of donating gametes;
21 (2) understanding what information will be disclosed
22 to the recipient parent or parents and donor-conceived
23 persons;
24 (3) understanding the potential for the birth of
25 children in multiple families using the donor's gametes;
26 and

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1 (4) understanding the future potential disclosure of
2 the donor's identifying information to a person conceived
3 with the donor's gametes.
4 (c) A gamete agency, gamete bank, or fertility clinic
5located in this State shall:
6 (1) prior to an intended recipient matching with or
7 receiving donor gametes obtained through that gamete
8 agency, gamete bank, or fertility clinic, provide the
9 written materials described in subsection (a) to each
10 intended recipient of gametes from a donor who is unknown
11 to the recipient or recipients; and
12 (2) prior to the donation of gametes by a donor,
13 provide the written materials described in subsection (b)
14 to each potential donor of gametes collected by the gamete
15 agency, gamete bank, or fertility clinic from a donor who
16 is unknown to the recipient or recipients and discuss
17 these materials with the donor. Donor receipt of the
18 written materials is not in lieu of any mental health
19 evaluations of an unknown donor that are required by the
20 individual practices of a gamete agency, gamete bank, or
21 fertility clinic.
22 (d) A gamete agency, gamete bank, or fertility clinic
23located outside of this State that either matches donors to or
24provides gametes or embryos to recipients in, or who are
25residents of, this State shall:
26 (1) prior to an intended recipient matching with or

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1 receiving donor gametes, provide written materials to
2 recipients that, at a minimum, cover the topics described
3 in subsection (a); and
4 (2) prior to the donation of gametes by a donor,
5 provide written materials to the donor that, at a minimum,
6 cover the topics described in subsection (b) and discuss
7 these materials with the donor. Donor receipt of the
8 written materials is not in lieu of any mental health
9 evaluations of an unknown ovum donor that are required by
10 the individual practices of a gamete agency, gamete bank,
11 or fertility clinic.
12 Section 40. Donor limits.
13 (a) Except as provided in subsection (d), a gamete agency,
14gamete bank, or fertility clinic shall make a good-faith
15effort to determine how many families are established with
16gametes matched or provided by the gamete agency, gamete bank,
17or fertility clinic from each donor by conducting sufficient
18recordkeeping, requiring recipients, as a condition of
19receiving donor gametes, to provide information on live
20births, and requesting information from recipients on live
21births, and using industry best practices, including methods
22or processes to account for the number or percentage of live
23births that are likely not reported, such as the correlation
24between the number of units of donor gametes sold or released
25and the resulting live births. A gamete agency, gamete bank,

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1or fertility clinic shall not match or provide gametes from a
2donor to additional families once the gamete agency, gamete
3bank, or fertility clinic has record of or should reasonably
4know that 25 families have been established using a single
5donor's gametes in or outside of this State, with no limit on
6the number of children conceived by each of the families,
7unless the donor requests, and the gamete agency, gamete bank,
8or fertility clinic agrees to, a lower limit on the number of
9families. This limit does not include any children conceived
10by the donor as a parent or children conceived with the donor's
11gametes when the donor is known to the recipient parent or
12parents at the time of the donation. This limit does not
13include donations of embryos from one family to another
14family.
15 For the purposes of this subsection, a family is
16considered established when a recipient parent or parents
17conceive a child using gametes from a donor and a live birth
18results or likely resulted. A gamete agency, gamete bank, or
19fertility clinic shall make reasonable good-faith efforts, and
20document such efforts, to obtain information from a recipient
21parent about whether and when a live birth has occurred,
22including requesting such information from a recipient parent
23or the parent's medical provider using multiple commercially
24reasonable methods.
25 (b) On or before January 1, 2025, the Department shall
26adopt a rule establishing a limit on the total number of donor

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1retrieval cycles per ovum donor, which must not exceed a
2lifetime limit of 6 cycles per ovum donor. In adopting the
3rule, the Department shall establish rules that are consistent
4with the clinical standards for appropriate practice in this
5field. In adopting the rule, the Department may consider
6adopting an exception to this limit for prior donors who
7provide informed consent to undergo additional retrieval
8cycles for families intending to conceive a child using the
9same donor used to conceive their other child.
10 (c) A donor must be at least 21 years of age or older at
11the time of collection of gametes, and a gamete agency, gamete
12bank, or fertility clinic shall verify the age of the donor at
13the time of the collection of gametes.
14 (d) A gamete agency, gamete bank, or fertility clinic that
15collects gametes from a donor who was matched with a recipient
16by a gamete agency that is a separate entity is not subject to
17the requirements of subsection (a).
18 (e) This Section applies only to gametes matched or
19collected on or after January 1, 2025, for use by recipient
20parents who are unknown to the donor at the time of the
21donation.
22 Section 45. License required.
23 (a) On or after January 1, 2025, a gamete agency, gamete
24bank, or fertility clinic shall not operate as a gamete
25agency, gamete bank, or fertility clinic in this State, or

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1match or provide gametes or embryos to recipients in this
2State, without having first obtained a license from the
3Department. Such license is conditioned on compliance with the
4applicable standards, requirements, and other provisions of
5this Act and its implementing rules.
6 (b) A gamete agency, gamete bank, or fertility clinic
7shall submit an annual application and fee for a license to
8operate on the form and in the manner prescribed by the
9Department.
10 On or before January 1, 2025, the Department shall adopt
11rules establishing a schedule of fees of not more than $500 per
12year, subject to annual adjustment for inflation to help meet
13the direct and indirect costs of administration and
14enforcement of this Act. A gamete agency, gamete bank, or
15fertility clinic that is a nonprofit organization is exempt
16from such fees.
17 The Department shall assess and collect, from each gamete
18agency, gamete bank, or fertility clinic that is applying for
19licensure under this Section, a fee in accordance with the fee
20schedule established by the Department under this subsection.
21 The Department shall transmit fees collected under this
22Section to the Gamete Agency, Gamete Bank, or Fertility Clinic
23Fund.
24 Fees collected under this subsection may be used by the
25Department to provide technical assistance and education to
26the public and to gamete agencies, gamete banks, or fertility

SB2418- 21 -LRB103 27438 LNS 53810 b
1clinics related to the provision of and compliance with State
2law, in addition to regulatory and administrative functions.
3The Department may contract with private entities to assist
4the Department in providing technical assistance and education
5but not in providing regulatory or administrative functions.
6 (c) The Department shall investigate and review each
7original application and each renewal application for a
8license to operate as a gamete agency, gamete bank, or
9fertility clinic. The Department shall determine an
10applicant's compliance with this Act, and the rules adopted
11pursuant to this Act, for the collection and provision of
12gametes from donors who are unknown to a recipient at the time
13of the donation before issuing a license.
14 The gamete agency, gamete bank, or fertility clinic shall
15submit in writing, in a form prescribed by the Department, a
16corrective action plan detailing the measures it will take to
17correct any violations found by the Department as a result of
18inspections undertaken in accordance with this subsection. The
19Department shall conduct a follow-up inspection to ensure
20implementation of the corrective action plan.
21 The Department shall not retain any identifying
22information about donors, recipients, or donor-conceived
23persons, and shall keep confidential all health care
24information or documents obtained or viewed during an
25inspection or investigation of a gamete agency, gamete bank,
26or fertility clinic under this subsection. All records,

SB2418- 22 -LRB103 27438 LNS 53810 b
1information, or documents so obtained are exempt from
2disclosure under the Freedom of Information Act.
3 (d) Except as otherwise provided in subsection (e), the
4Department shall issue or renew a license to operate as a
5gamete agency, gamete bank, or fertility clinic when it is
6satisfied that the applicant or licensee is in compliance with
7the requirements set forth in this Act and the rules adopted
8under this Act. Except for a provisional license issued in
9accordance with subsection (e), a license issued or renewed
10under this Section expires one year after the date of issuance
11or renewal. This Act does not convey a property right to a
12license and the Department may suspend or revoke a license for
13cause.
14 (e) The Department may issue a provisional license to
15operate as a gamete agency, gamete bank, or fertility clinic
16to an applicant for the purpose of operating as a gamete
17agency, gamete bank, or fertility clinic for a period of 90
18days if the applicant is temporarily unable to conform to all
19of the standards required under this Act. As a condition of
20obtaining a provisional license, the applicant shall show
21proof to the Department that significant good-faith attempts
22are being made to conform and comply with the applicable
23standards required under this Act. The Department may issue a
24second provisional license, for a like term and fee, to effect
25compliance. A further provisional license shall not be issued
26for the current year after the second issuance.

SB2418- 23 -LRB103 27438 LNS 53810 b
1 (f) It is a violation of this Act for any person,
2corporation, or other entity to operate as a gamete agency,
3gamete bank, or fertility clinic in this State without a valid
4license or in violation of the terms and conditions of a
5license. The Department may revoke or refuse to renew the
6license of a licensed gamete agency, gamete bank, or fertility
7clinic that fails to adhere to the terms and conditions of its
8license and the standards and requirements established by rule
9under this Act.
10 The Department may assess a civil penalty of not more than
11$20,000, adjusted annually for inflation, for each day the
12person is in violation of this Act. The assessed penalty
13accrues from the date the Department finds that the person,
14corporation, or entity is in violation of this Act.
15 Section 50. Rules. The Department shall adopt rules as
16necessary to implement this Act.
17 Section 55. The Gamete Agency, Gamete Bank, or Fertility
18Clinic Fund; creation. The Gamete Agency, Gamete Bank, or
19Fertility Clinic Fund is created as a special fund in the State
20treasury. The Fund shall consist of any moneys deposited into
21the Fund as provided under subsection (b) of Section 45.
22Moneys shall be expended by the Department as provided under
23subsection (b) of Section 45 and for no other purpose. All
24interest earned on moneys in the Fund shall be deposited into

SB2418- 24 -LRB103 27438 LNS 53810 b
1the Fund.
2 Section 60. The Freedom of Information Act is amended by
3changing Section 7.5 as follows:
4 (5 ILCS 140/7.5)
5 Sec. 7.5. Statutory exemptions. To the extent provided for
6by the statutes referenced below, the following shall be
7exempt from inspection and copying:
8 (a) All information determined to be confidential
9 under Section 4002 of the Technology Advancement and
10 Development Act.
11 (b) Library circulation and order records identifying
12 library users with specific materials under the Library
13 Records Confidentiality Act.
14 (c) Applications, related documents, and medical
15 records received by the Experimental Organ Transplantation
16 Procedures Board and any and all documents or other
17 records prepared by the Experimental Organ Transplantation
18 Procedures Board or its staff relating to applications it
19 has received.
20 (d) Information and records held by the Department of
21 Public Health and its authorized representatives relating
22 to known or suspected cases of sexually transmissible
23 disease or any information the disclosure of which is
24 restricted under the Illinois Sexually Transmissible

SB2418- 25 -LRB103 27438 LNS 53810 b
1 Disease Control Act.
2 (e) Information the disclosure of which is exempted
3 under Section 30 of the Radon Industry Licensing Act.
4 (f) Firm performance evaluations under Section 55 of
5 the Architectural, Engineering, and Land Surveying
6 Qualifications Based Selection Act.
7 (g) Information the disclosure of which is restricted
8 and exempted under Section 50 of the Illinois Prepaid
9 Tuition Act.
10 (h) Information the disclosure of which is exempted
11 under the State Officials and Employees Ethics Act, and
12 records of any lawfully created State or local inspector
13 general's office that would be exempt if created or
14 obtained by an Executive Inspector General's office under
15 that Act.
16 (i) Information contained in a local emergency energy
17 plan submitted to a municipality in accordance with a
18 local emergency energy plan ordinance that is adopted
19 under Section 11-21.5-5 of the Illinois Municipal Code.
20 (j) Information and data concerning the distribution
21 of surcharge moneys collected and remitted by carriers
22 under the Emergency Telephone System Act.
23 (k) Law enforcement officer identification information
24 or driver identification information compiled by a law
25 enforcement agency or the Department of Transportation
26 under Section 11-212 of the Illinois Vehicle Code.

SB2418- 26 -LRB103 27438 LNS 53810 b
1 (l) Records and information provided to a residential
2 health care facility resident sexual assault and death
3 review team or the Executive Council under the Abuse
4 Prevention Review Team Act.
5 (m) Information provided to the predatory lending
6 database created pursuant to Article 3 of the Residential
7 Real Property Disclosure Act, except to the extent
8 authorized under that Article.
9 (n) Defense budgets and petitions for certification of
10 compensation and expenses for court appointed trial
11 counsel as provided under Sections 10 and 15 of the
12 Capital Crimes Litigation Act. This subsection (n) shall
13 apply until the conclusion of the trial of the case, even
14 if the prosecution chooses not to pursue the death penalty
15 prior to trial or sentencing.
16 (o) Information that is prohibited from being
17 disclosed under Section 4 of the Illinois Health and
18 Hazardous Substances Registry Act.
19 (p) Security portions of system safety program plans,
20 investigation reports, surveys, schedules, lists, data, or
21 information compiled, collected, or prepared by or for the
22 Department of Transportation under Sections 2705-300 and
23 2705-616 of the Department of Transportation Law of the
24 Civil Administrative Code of Illinois, the Regional
25 Transportation Authority under Section 2.11 of the
26 Regional Transportation Authority Act, or the St. Clair

SB2418- 27 -LRB103 27438 LNS 53810 b
1 County Transit District under the Bi-State Transit Safety
2 Act.
3 (q) Information prohibited from being disclosed by the
4 Personnel Record Review Act.
5 (r) Information prohibited from being disclosed by the
6 Illinois School Student Records Act.
7 (s) Information the disclosure of which is restricted
8 under Section 5-108 of the Public Utilities Act.
9 (t) All identified or deidentified health information
10 in the form of health data or medical records contained
11 in, stored in, submitted to, transferred by, or released
12 from the Illinois Health Information Exchange, and
13 identified or deidentified health information in the form
14 of health data and medical records of the Illinois Health
15 Information Exchange in the possession of the Illinois
16 Health Information Exchange Office due to its
17 administration of the Illinois Health Information
18 Exchange. The terms "identified" and "deidentified" shall
19 be given the same meaning as in the Health Insurance
20 Portability and Accountability Act of 1996, Public Law
21 104-191, or any subsequent amendments thereto, and any
22 regulations promulgated thereunder.
23 (u) Records and information provided to an independent
24 team of experts under the Developmental Disability and
25 Mental Health Safety Act (also known as Brian's Law).
26 (v) Names and information of people who have applied

SB2418- 28 -LRB103 27438 LNS 53810 b
1 for or received Firearm Owner's Identification Cards under
2 the Firearm Owners Identification Card Act or applied for
3 or received a concealed carry license under the Firearm
4 Concealed Carry Act, unless otherwise authorized by the
5 Firearm Concealed Carry Act; and databases under the
6 Firearm Concealed Carry Act, records of the Concealed
7 Carry Licensing Review Board under the Firearm Concealed
8 Carry Act, and law enforcement agency objections under the
9 Firearm Concealed Carry Act.
10 (v-5) Records of the Firearm Owner's Identification
11 Card Review Board that are exempted from disclosure under
12 Section 10 of the Firearm Owners Identification Card Act.
13 (w) Personally identifiable information which is
14 exempted from disclosure under subsection (g) of Section
15 19.1 of the Toll Highway Act.
16 (x) Information which is exempted from disclosure
17 under Section 5-1014.3 of the Counties Code or Section
18 8-11-21 of the Illinois Municipal Code.
19 (y) Confidential information under the Adult
20 Protective Services Act and its predecessor enabling
21 statute, the Elder Abuse and Neglect Act, including
22 information about the identity and administrative finding
23 against any caregiver of a verified and substantiated
24 decision of abuse, neglect, or financial exploitation of
25 an eligible adult maintained in the Registry established
26 under Section 7.5 of the Adult Protective Services Act.

SB2418- 29 -LRB103 27438 LNS 53810 b
1 (z) Records and information provided to a fatality
2 review team or the Illinois Fatality Review Team Advisory
3 Council under Section 15 of the Adult Protective Services
4 Act.
5 (aa) Information which is exempted from disclosure
6 under Section 2.37 of the Wildlife Code.
7 (bb) Information which is or was prohibited from
8 disclosure by the Juvenile Court Act of 1987.
9 (cc) Recordings made under the Law Enforcement
10 Officer-Worn Body Camera Act, except to the extent
11 authorized under that Act.
12 (dd) Information that is prohibited from being
13 disclosed under Section 45 of the Condominium and Common
14 Interest Community Ombudsperson Act.
15 (ee) Information that is exempted from disclosure
16 under Section 30.1 of the Pharmacy Practice Act.
17 (ff) Information that is exempted from disclosure
18 under the Revised Uniform Unclaimed Property Act.
19 (gg) Information that is prohibited from being
20 disclosed under Section 7-603.5 of the Illinois Vehicle
21 Code.
22 (hh) Records that are exempt from disclosure under
23 Section 1A-16.7 of the Election Code.
24 (ii) Information which is exempted from disclosure
25 under Section 2505-800 of the Department of Revenue Law of
26 the Civil Administrative Code of Illinois.

SB2418- 30 -LRB103 27438 LNS 53810 b
1 (jj) Information and reports that are required to be
2 submitted to the Department of Labor by registering day
3 and temporary labor service agencies but are exempt from
4 disclosure under subsection (a-1) of Section 45 of the Day
5 and Temporary Labor Services Act.
6 (kk) Information prohibited from disclosure under the
7 Seizure and Forfeiture Reporting Act.
8 (ll) Information the disclosure of which is restricted
9 and exempted under Section 5-30.8 of the Illinois Public
10 Aid Code.
11 (mm) Records that are exempt from disclosure under
12 Section 4.2 of the Crime Victims Compensation Act.
13 (nn) Information that is exempt from disclosure under
14 Section 70 of the Higher Education Student Assistance Act.
15 (oo) Communications, notes, records, and reports
16 arising out of a peer support counseling session
17 prohibited from disclosure under the First Responders
18 Suicide Prevention Act.
19 (pp) Names and all identifying information relating to
20 an employee of an emergency services provider or law
21 enforcement agency under the First Responders Suicide
22 Prevention Act.
23 (qq) Information and records held by the Department of
24 Public Health and its authorized representatives collected
25 under the Reproductive Health Act.
26 (rr) Information that is exempt from disclosure under

SB2418- 31 -LRB103 27438 LNS 53810 b
1 the Cannabis Regulation and Tax Act.
2 (ss) Data reported by an employer to the Department of
3 Human Rights pursuant to Section 2-108 of the Illinois
4 Human Rights Act.
5 (tt) Recordings made under the Children's Advocacy
6 Center Act, except to the extent authorized under that
7 Act.
8 (uu) Information that is exempt from disclosure under
9 Section 50 of the Sexual Assault Evidence Submission Act.
10 (vv) Information that is exempt from disclosure under
11 subsections (f) and (j) of Section 5-36 of the Illinois
12 Public Aid Code.
13 (ww) Information that is exempt from disclosure under
14 Section 16.8 of the State Treasurer Act.
15 (xx) Information that is exempt from disclosure or
16 information that shall not be made public under the
17 Illinois Insurance Code.
18 (yy) Information prohibited from being disclosed under
19 the Illinois Educational Labor Relations Act.
20 (zz) Information prohibited from being disclosed under
21 the Illinois Public Labor Relations Act.
22 (aaa) Information prohibited from being disclosed
23 under Section 1-167 of the Illinois Pension Code.
24 (bbb) Information that is prohibited from disclosure
25 by the Illinois Police Training Act and the Illinois State
26 Police Act.

SB2418- 32 -LRB103 27438 LNS 53810 b
1 (ccc) Records exempt from disclosure under Section
2 2605-304 of the Illinois State Police Law of the Civil
3 Administrative Code of Illinois.
4 (ddd) Information prohibited from being disclosed
5 under Section 35 of the Address Confidentiality for
6 Victims of Domestic Violence, Sexual Assault, Human
7 Trafficking, or Stalking Act.
8 (eee) Information prohibited from being disclosed
9 under subsection (b) of Section 75 of the Domestic
10 Violence Fatality Review Act.
11 (fff) Images from cameras under the Expressway Camera
12 Act. This subsection (fff) is inoperative on and after
13 July 1, 2023.
14 (ggg) Information prohibited from disclosure under
15 paragraph (3) of subsection (a) of Section 14 of the Nurse
16 Agency Licensing Act.
17 (hhh) Information submitted to the Department of State
18 Police in an affidavit or application for an assault
19 weapon endorsement, assault weapon attachment endorsement,
20 .50 caliber rifle endorsement, or .50 caliber cartridge
21 endorsement under the Firearm Owners Identification Card
22 Act.
23 (iii) Information prohibited from disclosure under
24 subsection (c) of Section 45 of the Donor-Conceived
25 Persons and Families of Donor-Conceived Persons Protection
26 Act.

SB2418- 33 -LRB103 27438 LNS 53810 b
1(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
2101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
31-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
4eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
5101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
61-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
7eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
8102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
97-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
10 Section 65. The State Finance Act is amended by adding
11Section 5.990 as follows:
12 (30 ILCS 105/5.990 new)
13 Sec. 5.990. The Gamete Agency, Gamete Bank, or Fertility
14Clinic Fund.
15 Section 70. The Illinois Parentage Act of 2015 is amended
16by changing Section 703 as follows:
17 (750 ILCS 46/703)
18 Sec. 703. Parentage of child of assisted reproduction.
19 (a) Any individual who is an intended parent as defined by
20this Act is the legal parent of any resulting child. If the
21donor and the intended parent have been represented by
22independent counsel and entered into a written legal agreement

SB2418- 34 -LRB103 27438 LNS 53810 b
1in which the donor relinquishes all rights and
2responsibilities to any resulting child, the intended parent
3is the parent of the child. An agreement under this subsection
4shall be entered into prior to any insemination or embryo
5transfer. An agreement must be made in accordance with the
6terms of the Donor-Conceived Persons and Families of
7Donor-Conceived Persons Protection Act, if applicable.
8 (b) If a person makes an anonymous gamete donation without
9a designated intended parent at the time of the gamete
10donation, the intended parent is the parent of any resulting
11child if the anonymous donor relinquished his or her parental
12rights in writing at the time of donation. The written
13relinquishment shall be directed to the entity to which the
14donor donated his or her gametes. After the effective date of
15this amendatory Act of the 103rd general assembly, gamete
16donations shall be made in accordance with the requirements of
17the Donor-Conceived Persons and Families of Donor-Conceived
18Persons Protection Act.
19 (c) An intended parent may seek a court order confirming
20the existence of a parent-child relationship prior to or after
21the birth of a child based on compliance with subsection (a) or
22(b) of this Section.
23 (d) If the requirements of subsection (a) of this Section
24are not met, or subsection (b) of this Section is found by a
25court to be inapplicable, a court of competent jurisdiction
26shall determine parentage based on evidence of the parties'

SB2418- 35 -LRB103 27438 LNS 53810 b
1intent at the time of donation.
2(Source: P.A. 99-763, eff. 1-1-17.)
3 Section 99. Effective date. This Act takes effect upon
4becoming law.

SB2418- 36 -LRB103 27438 LNS 53810 b
1 INDEX
2 Statutes amended in order of appearance