Abstract
This Note examines the constitutionality of Colorado’s groundbreaking Act limiting the number of families a single sperm donor can assist—the first law of its kind in the United States. While the statute potentially aims to reduce accidental consanguinity and prevent unregulated commodification of sperm, it raises complex constitutional questions under the Due Process Clause of the Fourteenth Amendment. Specifically, this Note explores whether sperm donation is protected as a fundamental right within the broader right to procreate. While it is unlikely that the current Supreme Court would extend the broader right to procreate to sperm donors, even if such a right were recognized, Colorado’s proposed limitations would likely withstand constitutional scrutiny. The state’s compelling interests and the Act’s narrow tailoring support its validity. The Note concludes by proposing alternative regulatory measures that could achieve similar goals with fewer burdens on reproductive autonomy.
How to Cite
67 Ariz. L. Rev. 827 (2025)
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