--- title: "Colorado — abortion law" description: "Abortion is legal in Colorado at any point in pregnancy. There is no ban, no gestational cutoff, and no requirement to prove a medical reason. In 2022, the state passed the Reproductive Health Equity Act, which made abortion a fundamental right under state law. In 2024, voters approved Amendment…" type: "legislation" jurisdiction: "Colorado" as_of_date: "2026-07-12" source_url: "https://www.abhortion.org/legislation/co.html" --- # Colorado — abortion law _Colorado · United States_ ## Overview **Protected; no gestational limit** Colorado has no gestational limit on abortion; the right is protected by both statute and the state constitution, and abortion is legal at all stages of pregnancy. Abortion is legal in Colorado at any point in pregnancy. There is no ban, no gestational cutoff, and no requirement to prove a medical reason. In 2022, the state passed the Reproductive Health Equity Act, which made abortion a fundamental right under state law. In 2024, voters approved Amendment 79, adding abortion rights to the Colorado Constitution and repealing a 40-year-old ban on using public funds for abortion. Colorado also has strong shield laws that protect providers and patients from out-of-state investigations or lawsuits related to abortion care. The only significant restriction is a requirement that a parent or guardian of a minor be notified 48 hours before the procedure, though minors can obtain a judicial bypass. > "The right to abortion is hereby recognized. Government shall not deny, impede, or discriminate against the exercise of that right, including prohibiting health insurance coverage for abortion." > — Colo. Const. art. II, § 32 **Legal analysis** Colorado is among the most protective abortion-access jurisdictions in the United States. The right to abortion receives dual protection: statutorily through the Reproductive Health Equity Act (RHEA), HB22-1279, codified at C.R.S. §§ 25-6-401 to -407 (effective April 4, 2022), and constitutionally through Amendment 79, codified at Colo. Const. art. II, § 32 (approved November 5, 2024, effective upon proclamation). Amendment 79 simultaneously repealed the 1984 constitutional ban on public funding of abortion (former Colo. Const. art. V, § 50). Colorado imposes no gestational limit, no waiting period, no mandatory ultrasound, and no physician-only restriction. The pre-Roe criminal abortion ban was repealed in 2013. The state has enacted comprehensive shield laws (SB23-188, codified at C.R.S. §§ 24-116-101 to -102; C.R.S. § 18-13-133) and mandates private insurance coverage of abortion without cost-sharing (SB23-189). The sole surviving restriction is parental notification for unemancipated minors with a judicial bypass mechanism (C.R.S. § 13-22-701 et seq.). *Sources — Verified at source · High confidence · Colo. Const. art. II, § 32, art. II, § 32, [FindLaw](https://codes.findlaw.com/co/colorado-constitution-of-1876/co-const-art-ii-sect-32) · C.R.S. § 25-6-403, subsection (2), [Justia](https://law.justia.com/codes/colorado/title-25/family-planning/article-6/part-4/section-25-6-403)* ## At a glance Every machine-readable determination in the research document. Each value is derived from a sourced finding below. | Field | Value | | --- | --- | | Legal classification | Protected by constitution | | Gestational limit weeks | — | | Limit measured from | — | | Abortion currently available | Yes | | Ban or limit enjoined | No | | Mother expressly exempt | Yes | | Mother prosecutable in practice | No | | Self managed abortion criminalized | No | | Abortion charged as homicide | No | | Fetal homicide law | Yes | | Fetal wrongful death action | Yes | | Personhood language in law | No | | Personhood contradiction | No | | Medication abortion distinct status | No | | Mailing pills banned | No | | Method bans | None | | Telehealth prescribing allowed | Yes | | Physician only law | No | | Provider max penalty | — | | Helpers criminally exposed | No | | Travel assistance criminalized | No | | Civil bounty law | No | | Shield state | Yes | | Waiting period hours | — | | State scripted counseling | No | | Ultrasound required | None | | In person visits required | 0 | | Parental involvement | Notification only | | Judicial bypass available | Yes | | Spousal consent or notice on books | No | | Medicaid coverage | Broader than hyde | | Private insurance restricted | No | | State funding posture | Funds providers | | Rape incest exception | Not applicable | | Exceptions present | Ectopic miscarriage carveout | | Major pending change | Yes | ## Definitions **Abortion: any means to terminate pregnancy** Colorado defines 'abortion' broadly to include any medical procedure, instrument, agent, or drug used to terminate a pregnancy, with pregnancy beginning at implantation. Colorado law defines 'abortion' as any medical procedure, instrument, agent, or drug used to end a pregnancy, when the purpose is something other than producing a live birth. This covers both surgical abortions and medication abortions (pills). 'Pregnancy' is defined as beginning at the implantation of an embryo — not at fertilization — which means that emergency contraception and IUDs that prevent implantation are not considered abortion under state law. The definition also means that IVF embryos outside the womb are not covered because there is no 'pregnancy' until implantation. The definition does not explicitly mention miscarriage management or ectopic pregnancy treatment, but because the law imposes no restrictions on abortion, the definition's primary function is to establish the scope of the protected right, not to criminalize conduct. > "'Abortion' means any medical procedure, instrument, agent, or drug used to terminate the pregnancy of an individual known or reasonably believed to be pregnant with an intention other than to increase the probability of a live birth." > — C.R.S. § 25-6-402 **Legal analysis** C.R.S. § 25-6-402 defines 'Abortion' as 'any medical procedure, instrument, agent, or drug used to terminate the pregnancy of an individual known or reasonably believed to be pregnant with an intention other than to increase the probability of a live birth.' 'Pregnancy' is defined as 'the human reproductive process, beginning with the implantation of an embryo.' This definitional framework — found in the Reproductive Health Equity Act — is permissive rather than restrictive; it establishes the protected conduct rather than defining a crime. The implantation-based definition of pregnancy excludes pre-implantation interventions (emergency contraception, some IUDs) from the statutory concept of abortion. The phrase 'with an intention other than to increase the probability of a live birth' carves out obstetric care, induction of labor, and cesarean sections. Because Colorado imposes no gestational limits or restrictions on abortion, the definition does not function as a gateway to criminal liability; there is no separate criminal abortion statute. *Sources — Verified at source · High confidence · C.R.S. § 25-6-402, subsection (1), [Colorado.Public.Law](https://colorado.public.law/statutes/crs_25-6-402) · C.R.S. § 25-6-402(4), subsection (4), [Colorado.Public.Law](https://colorado.public.law/statutes/crs_25-6-402)* ## Current status **Abortion legal at all stages** Abortion is legal at all stages of pregnancy with no gestational limit, protected by both the Colorado Constitution and the Reproductive Health Equity Act. Abortion is legal in Colorado throughout the entire pregnancy. There is no cutoff based on how many weeks pregnant a person is. This right is protected in two ways: by a state law called the Reproductive Health Equity Act, passed in 2022, and by Amendment 79 to the Colorado Constitution, which voters approved in November 2024. The constitutional amendment also removed a previous ban on using government funds to pay for abortion. Because abortion is protected as a fundamental right, the government cannot deny, interfere with, or discriminate against someone exercising that right. A person can obtain an abortion at any stage of pregnancy for any reason, without having to justify it medically. > "The right to abortion is hereby recognized. Government shall not deny, impede, or discriminate against the exercise of that right, including prohibiting health insurance coverage for abortion." > — Colo. Const. art. II, § 32 **Legal analysis** Colorado imposes no gestational-age limit on abortion. The Reproductive Health Equity Act (C.R.S. §§ 25-6-401 to -407), effective April 4, 2022, declares that 'a pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion' (C.R.S. § 25-6-403(2)) and prohibits state and local public entities from 'denying, restricting, interfering with, or discriminating against' that right (C.R.S. § 25-6-404). Amendment 79, approved by 61.97% of voters on November 5, 2024, and codified at Colo. Const. art. II, § 32, provides: 'The right to abortion is hereby recognized. Government shall not deny, impede, or discriminate against the exercise of that right, including prohibiting health insurance coverage for abortion.' The amendment also repealed the 1984 constitutional ban on public funding of abortion (former art. V, § 50). The pre-Roe criminal abortion ban was repealed by the General Assembly in 2013 (2013 Colo. Sess. Laws ch. 372, § 3). A 2020 ballot initiative (Proposition 115) that would have banned abortion after 22 weeks was rejected by voters. Colorado is one of a small number of states with no gestational limit whatsoever. *Sources — Verified at source · High confidence · Colo. Const. art. II, § 32, art. II, § 32, [FindLaw](https://codes.findlaw.com/co/colorado-constitution-of-1876/co-const-art-ii-sect-32) · C.R.S. § 25-6-403(2), subsection (2), [Justia](https://law.justia.com/codes/colorado/title-25/family-planning/article-6/part-4/section-25-6-403)* ## Law-in-effect vs. law-on-the-books **Fully operative; no injunctions** All Colorado abortion-protective laws are fully operative and in effect; there are no pending injunctions against any Colorado abortion law. Every Colorado law that protects or expands access to abortion is currently in effect and being enforced. There are no court orders blocking any of these laws. The Reproductive Health Equity Act has been in effect since April 2022, and the constitutional Amendment 79 took effect after voter approval in November 2024. No Colorado abortion law is currently enjoined or stayed. **Legal analysis** Colorado's abortion regime faces no active injunctions. The Reproductive Health Equity Act (HB22-1279) became effective on April 4, 2022, upon Governor Polis's signature. Amendment 79 became effective upon proclamation of the vote on November 5, 2024. There is no litigation seeking to enjoin either RHEA or Amendment 79. The parental notification law (C.R.S. § 13-22-701 et seq.) remains in effect; although a Tenth Circuit panel in Planned Parenthood of Rocky Mountains Services Corp. v. Owens, 287 F.3d 910 (10th Cir. 2002), noted constitutional concerns (lack of a health exception), the law has not been enjoined. A current facial challenge to the parental notification requirement under the new state constitutional right to abortion, Cohen v. Colorado, is pending but no injunction has issued. The shield laws (SB23-188, SB25-129) and insurance mandate (SB23-189) are fully operative. *Sources — Verified at source · High confidence · 2022 Colo. Sess. Laws ch. 67 (HB22-1279), Status section, [Colorado General Assembly](https://leg.colorado.gov/bills/hb22-1279) · Ballotpedia, Colorado Amendment 79 (2024), [Ballotpedia](https://ballotpedia.org/Colorado_Amendment_79,_Right_to_Abortion_and_Health_Insurance_Coverage_Initiative_(2024))* ## Exceptions ### Life of the mother **Not applicable; no restrictions** Colorado imposes no abortion restrictions that would require a life exception; abortion is legal at all stages for any reason. Because Colorado does not restrict abortion at any stage of pregnancy, there is no need for a 'life exception.' A pregnant person can obtain an abortion at any time, including when their life or health is at risk. No special certification or documentation is required. **Legal analysis** Colorado imposes no gestational-age limit on abortion, making formal exception categories unnecessary. The state has no statute requiring a physician to certify that a patient's life is in danger before performing a post-viability or third-trimester abortion. The absence of restrictions means no legal gatekeeping mechanism exists that would require invocation of a life exception. *Sources — No law on this point · High confidence · Colo. Const. art. II, § 32, art. II, § 32, [FindLaw](https://codes.findlaw.com/co/colorado-constitution-of-1876/co-const-art-ii-sect-32)* ### Physical health **Not applicable; no restrictions** Colorado has no gestational restrictions on abortion, so no separate physical-health exception is necessary; abortion is permitted at any stage for health reasons. Colorado law does not limit abortion based on gestational age, so a person does not need to claim a physical-health exception to obtain care at any point in pregnancy. All abortion care — whether to protect physical health or for any other reason — is equally legal. **Legal analysis** No physical-health exception is required because no gestational limit exists against which an exception would operate. The fundamental right to abortion under both the RHEA statute and the Colorado Constitution renders health-based gatekeeping unnecessary. *Sources — No law on this point · High confidence · C.R.S. § 25-6-403(2), subsection (2), [Justia](https://law.justia.com/codes/colorado/title-25/family-planning/article-6/part-4/section-25-6-403)* ### Mental health **Not applicable; no restrictions** Colorado imposes no abortion restrictions, so a separate mental-health exception is unnecessary; abortion is legal at all stages for any reason including mental health. Since there are no gestational limits on abortion in Colorado, a person does not need to justify an abortion on mental-health grounds. Abortion is equally available whether the reason is physical, mental, emotional, economic, or any other. **Legal analysis** No statutory mental-health exception exists because none is needed; the unrestricted nature of the right to abortion under Colorado law means that mental-health concerns require no separate legal pathway. *Sources — No law on this point · High confidence · Colo. Const. art. II, § 32, art. II, § 32, [FindLaw](https://codes.findlaw.com/co/colorado-constitution-of-1876/co-const-art-ii-sect-32)* ### Rape **Not applicable; no restrictions** No rape exception is needed because Colorado imposes no abortion restrictions at any stage of pregnancy; abortion is legal regardless of the circumstances of conception. Colorado does not restrict abortion, so there is no need for a special rape exception. A person who becomes pregnant as a result of rape has the same unrestricted right to abortion as anyone else, with no special reporting or documentation requirements. **Legal analysis** No rape exception exists as a discrete legal category because abortion is unrestricted at all gestational ages. No law-enforcement-report requirement attaches to abortion access. *Sources — No law on this point · High confidence · C.R.S. § 25-6-403(2), subsection (2), [Justia](https://law.justia.com/codes/colorado/title-25/family-planning/article-6/part-4/section-25-6-403)* ### Incest **Not applicable; no restrictions** No incest exception is needed; Colorado imposes no abortion restrictions so abortion is equally legal regardless of familial relationship. Since there is no abortion restriction in Colorado, a person does not need to claim an incest exception. Abortion is available on the same terms to everyone, without any requirement to disclose or prove the circumstances of the pregnancy. **Legal analysis** No incest exception is required because no gestational or categorical ban on abortion exists against which an exception would operate. *Sources — No law on this point · High confidence · Colo. Const. art. II, § 32, art. II, § 32, [FindLaw](https://codes.findlaw.com/co/colorado-constitution-of-1876/co-const-art-ii-sect-32)* ### Fatal fetal anomaly **Not applicable; no restrictions** No fetal-anomaly exception is needed; Colorado law permits abortion at all stages without requiring any medical justification. A person does not need to demonstrate a fetal anomaly to obtain an abortion at any stage in Colorado. Because there are no gestational limits, abortion after a diagnosis of a severe or fatal fetal condition is treated identically to abortion for any other reason. **Legal analysis** No fatal-fetal-anomaly exception exists as a separate legal category. The unrestricted nature of the right to abortion makes such an exception superfluous. *Sources — No law on this point · High confidence · C.R.S. § 25-6-403(2), subsection (2), [Justia](https://law.justia.com/codes/colorado/title-25/family-planning/article-6/part-4/section-25-6-403)* ### Ectopic pregnancy & miscarriage care **Implicitly carved out; no restrictions** Colorado's abortion definition begins pregnancy at implantation, and the absence of any abortion restriction means ectopic pregnancy and miscarriage management are fully permitted without any special statutory carveout. Treatment for ectopic pregnancy and miscarriage management are fully legal in Colorado. Because the state's definition of pregnancy begins at implantation and the law imposes no restrictions on abortion, there is no legal risk to providers treating these conditions. No special statutory language is needed to exempt these situations because no law restricts them in the first place. > "'Pregnancy' means the human reproductive process, beginning with the implantation of an embryo." > — C.R.S. § 25-6-402(4) **Legal analysis** Colorado's statutory definition of 'pregnancy' as 'beginning with the implantation of an embryo' (C.R.S. § 25-6-402(4)) means ectopic pregnancy management occurs within the scope of lawful medical care. The definition of 'abortion' as requiring 'an intention other than to increase the probability of a live birth' (C.R.S. § 25-6-402(1)) does not penalize miscarriage management — which aims to address a non-viable pregnancy. Furthermore, C.R.S. § 18-3.5-102(1) broadly excludes from prosecution 'any act of providing medical, osteopathic, surgical...care.' Because no abortion restriction exists, no express statutory carveout for ectopic pregnancy or miscarriage is needed. *Sources — Verified at source · High confidence · C.R.S. § 25-6-402(4), subsection (4), [Colorado.Public.Law](https://colorado.public.law/statutes/crs_25-6-402) · C.R.S. § 18-3.5-102(1), subsection (1), [Justia](https://law.justia.com/codes/colorado/title-18/article-3-5/section-18-3-5-102)* ## Methods ### Procedural surgical **Legal; no method-specific bans** All procedural abortion methods, including D&E and D&X, are legal in Colorado at all stages of pregnancy with no method-specific prohibitions. Surgical abortion procedures are legal in Colorado at any stage of pregnancy. The state has not banned any specific abortion method. In 1998, Colorado voters rejected a ballot initiative that would have banned so-called 'partial-birth abortion.' There is no state-level D&E ('dismemberment') ban. The federal Partial-Birth Abortion Ban Act of 2003 applies in Colorado, but it has been interpreted to cover only intact D&X procedures, not standard D&E, and is subject to a life exception. **Legal analysis** Colorado imposes no method-specific abortion bans. A 1998 ballot initiative to ban 'partial-birth abortion' (Amendment 11) was rejected by voters (51% to 49%). No D&E ban exists in Colorado statute. The federal Partial-Birth Abortion Ban Act of 2003 (18 U.S.C. § 1531) applies in Colorado as federal law, but it is limited to intact D&X procedures as construed by Gonzales v. Carhart, 550 U.S. 124 (2007), and does not reach standard D&E. The absence of any state gestational limit means that all procedural methods — suction aspiration, D&C, D&E, and induction — are lawful when performed consistent with medical standards of care. *Sources — Verified at source · High confidence · Ballotpedia, Colorado Amendment 11 (1998), [Ballotpedia](https://ballotpedia.org/Colorado_Amendment_11,_Prohibition_on_Partial-Birth_Abortions_Initiative_(1998)) · 18 U.S.C. § 1531, subsection (a), [U.S. Congress (federal)](https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap74-sec1531.htm)* **Editor's note.** The federal Partial-Birth Abortion Ban Act applies but is narrow in scope and does not function as a meaningful restriction in Colorado, where no state gestational limit exists and alternative methods are available. ### Medication **Legal; telehealth, no mailing ban** Medication abortion using mifepristone/misoprostol is fully legal in Colorado, can be prescribed via telehealth, and may be mailed or dispensed without an in-person requirement. Medication abortion — using pills to end a pregnancy — is legal in Colorado at all stages of pregnancy. A person can get a prescription through a telehealth visit without having to go to a clinic in person. There is no state law requiring the pills to be dispensed in person or banning them from being mailed. Pharmacists can dispense the medication. Advanced practice clinicians like nurse practitioners and physician assistants can prescribe abortion pills, not just doctors. Colorado law also protects providers who prescribe medication abortion to patients who then take the pills in another state — the provider cannot be prosecuted or investigated in Colorado for doing so. > "A licensed health-care provider shall not be prosecuted, investigated, or subjected to any penalty if the health-care provider prescribes an abortifacient to a patient and the patient ingests the abortifacient in another state so long as the abortifacient was prescribed or administered consistent with accepted standards of practice under Colorado law and did not otherwise violate Colorado law." > — C.R.S. § 18-13-133 **Legal analysis** Medication abortion is included within the definition of 'abortion' in C.R.S. § 25-6-402(1) ('any medical procedure, instrument, agent, or drug'). Colorado imposes no in-person dispensing requirement, no mailing prohibition, and no physician-only prescribing rule. Telehealth prescribing is permitted. C.R.S. § 18-13-133 expressly shields licensed health-care providers from prosecution, investigation, or penalty if they prescribe an abortifacient to a patient who ingests it in another state, so long as the prescription is consistent with Colorado standards of practice. SB25-129 (2025) further strengthened shield protections by allowing medication-abortion prescription labels to identify the prescribing practice rather than the individual clinician (C.R.S. § 12-280-124(2)(b)). The federal FDA Risk Evaluation and Mitigation Strategy (REMS) for mifepristone, which formerly required in-person dispensing, was permanently removed by FDA in 2023; Colorado law does not independently impose in-person requirements. *Sources — Verified at source · High confidence · C.R.S. § 18-13-133, [Justia](https://law.justia.com/codes/colorado/title-18/article-13/section-18-13-133)* **Editor's note.** FDA regulation of mifepristone is an evolving federal issue; the FDA REMS no longer requires in-person dispensing, but future federal administration changes could alter the regulatory landscape independently of Colorado law. ### Self managed **Legal; pregnant person exempt** A pregnant person who self-manages an abortion in Colorado faces no criminal liability; Colorado law expressly exempts women from prosecution for acts regarding their own pregnancies. A person who manages their own abortion — for instance, by obtaining pills online and taking them at home — is not committing a crime under Colorado law. Colorado's criminal code explicitly says that nothing in the article on offenses against pregnant women permits the prosecution of a woman 'for any act or any failure to act with regard to her own pregnancy.' There is no separate criminal abortion statute that could reach a pregnant person. This means a person who orders abortion medication online, uses herbal methods, or otherwise ends a pregnancy on their own is not criminally liable in Colorado. > "Nothing in this article shall permit the prosecution of a woman for any act or any failure to act with regard to her own pregnancy." > — C.R.S. § 18-3.5-102(2) **Legal analysis** C.R.S. § 18-3.5-102(2) provides: 'Nothing in this article shall permit the prosecution of a woman for any act or any failure to act with regard to her own pregnancy.' This is a blanket exemption from prosecution under the 'Offenses Against Pregnant Women' article. Colorado's pre-Roe criminal abortion statute was repealed in 2013. No other criminal statute reaches self-managed abortion by the pregnant person. The definition of 'unlawful termination of pregnancy' in C.R.S. § 18-3.5-101 excludes 'a medical procedure, instrument, agent, or drug' — meaning conduct within the abortion definition cannot be 'unlawful termination.' The combination of the mother-exemption, the repeal of the criminal abortion ban, and the affirmative statutory and constitutional protection of abortion as a fundamental right makes self-managed abortion effectively beyond the reach of Colorado criminal law. Civil liability for self-managed abortion is not addressed in any Colorado statute, and the wrongful-death action for a viable fetus (judicially recognized in Espadero v. Feld) has not been applied to a pregnant person's own conduct. *Sources — Verified at source · High confidence · C.R.S. § 18-3.5-102(2), subsection (2), [Justia](https://law.justia.com/codes/colorado/title-18/article-3-5/section-18-3-5-102)* ## Actors ### Who may perform **No physician-only restriction** Colorado does not restrict abortion provision to physicians; advanced practice clinicians including nurse practitioners, certified nurse midwives, and physician assistants may provide abortion care within their scope of practice. In Colorado, abortion care does not have to be provided by a doctor. Nurse practitioners, certified nurse midwives, and physician assistants can also provide both medication abortion and aspiration (procedural) abortion, as long as it falls within their professional scope of practice. There is no law requiring that abortions be performed only in hospitals or specialized surgical centers. Colorado also has no admitting-privileges requirement. **Legal analysis** Colorado imposes no physician-only restriction on abortion provision. No statute limits the class of health-care professionals who may perform or prescribe abortion. The Reproductive Health Equity Act's protective language is provider-neutral. The Colorado Medical Board, Board of Nursing, and Board of Pharmacy govern scope-of-practice issues, and advanced practice clinicians (APCs) — nurse practitioners, certified nurse midwives, and physician assistants — may provide medication abortion and aspiration abortion consistent with their professional scope. No hospital-only or ambulatory-surgical-center requirement exists in Colorado statute. No admitting-privileges requirement is imposed on abortion providers. *Sources — Verified at source · High confidence · Guttmacher Institute, Advanced Practice Clinicians Providing Abortion Care, Colorado row, [Guttmacher Institute](https://www.guttmacher.org/state-policy/explore/advanced-practice-clinicians-providing-abortion-care) · Colorado Newsline, 'Abortion capacity in Colorado could expand with advanced practice clinicians' (May 16, 2022), [Colorado Newsline](https://coloradonewsline.com/2022/05/16/abortion-capacity-in-colorado-could-expand-with-advanced-practice-clinicians-more-telehealth)* ### Criminal civil exposure #### Pregnant woman **Expressly exempt from prosecution** Colorado law expressly exempts the pregnant woman from prosecution for any act regarding her own pregnancy, and no separate criminal abortion statute exists that could reach her. A pregnant person cannot be prosecuted under Colorado law for having an abortion — whether performed by a clinician or self-managed. The criminal code contains an explicit statement that nothing in the offenses-against-pregnant-women article permits prosecuting a woman for any act or failure to act regarding her own pregnancy. The old criminal abortion law was repealed in 2013. The Reproductive Health Equity Act and the state constitution now affirmatively protect the right to abortion. In practice, a pregnant person in Colorado faces zero criminal exposure for obtaining or self-managing an abortion. > "Nothing in this article shall permit the prosecution of a woman for any act or any failure to act with regard to her own pregnancy." > — C.R.S. § 18-3.5-102(2) **Legal analysis** C.R.S. § 18-3.5-102(2) states: 'Nothing in this article shall permit the prosecution of a woman for any act or any failure to act with regard to her own pregnancy.' The pre-Roe criminal abortion statute was repealed by 2013 Colo. Sess. Laws ch. 372, § 3. No replacement abortion-specific criminal statute was enacted. The affirmative protections of C.R.S. § 25-6-403 (RHEA) and Colo. Const. art. II, § 32 reinforce the absence of criminal exposure. There is no Colorado statute that criminalizes obtaining an abortion by the pregnant person. Civil liability theories — such as wrongful death of a viable fetus under C.R.S. § 13-21-202 as interpreted in Espadero v. Feld — have not been applied against a pregnant woman for her own abortion decision, and such an application would almost certainly be precluded by the express statutory and constitutional protections. *Sources — Verified at source · High confidence · C.R.S. § 18-3.5-102(2), subsection (2), [Justia](https://law.justia.com/codes/colorado/title-18/article-3-5/section-18-3-5-102)* #### Physician **No criminal exposure** Physicians who provide abortion care in Colorado face no criminal liability; the pre-Roe ban was repealed, and the unlawful-termination-of-pregnancy statute expressly excludes medical care. Doctors and other licensed clinicians who provide abortion care in Colorado do not face criminal charges, fines, or license consequences as long as they follow accepted standards of care. The state's old criminal abortion law was repealed in 2013, and the current criminal code dealing with pregnancy-related offenses explicitly says it cannot be used to prosecute anyone for providing medical care. Providers may face civil penalties only for violating the parental notification law (up to a Class 1 misdemeanor equivalent in fines). The state's shield laws further protect providers from out-of-state investigations, subpoenas, extradition, and professional discipline. > "Nothing in this article shall permit the prosecution of a person for any act of providing medical, osteopathic, surgical, mental health, dental, nursing, optometric, healing, wellness, or pharmaceutical care." > — C.R.S. § 18-3.5-102(1) **Legal analysis** Colorado's pre-Roe criminal abortion ban (formerly C.R.S. § 18-6-101 et seq.) was repealed by HB13-1154 (2013 Colo. Sess. Laws ch. 372, § 3). The current Article 3.5 of Title 18 ('Offenses Against Pregnant Women') defines 'unlawful termination of pregnancy' as 'the termination of a pregnancy by any means other than birth or a medical procedure, instrument, agent, or drug' (C.R.S. § 18-3.5-101) and expressly excludes from prosecution 'any act of providing medical, osteopathic, surgical...care' (C.R.S. § 18-3.5-102(1)). Thus physicians providing abortion cannot be prosecuted under these provisions. The only penalty exposure for providers is a civil fine for violating the parental notification requirements (C.R.S. § 13-22-706), which provides for a civil penalty. Colorado's shield laws (C.R.S. §§ 24-116-101 to -102; C.R.S. § 18-13-133) protect providers from out-of-state investigations, subpoenas, extradition, and professional discipline. There is no criminal penalty for providing abortion care consistent with Colorado law. *Sources — Verified at source · High confidence · C.R.S. § 18-3.5-102(1), subsection (1), [Justia](https://law.justia.com/codes/colorado/title-18/article-3-5/section-18-3-5-102)* #### Prescriber pharmacist **No criminal exposure** Non-physician prescribers and pharmacists face no criminal liability for prescribing or dispensing abortion medication in Colorado; shield laws protect filling out-of-state prescriptions. Nurse practitioners, physician assistants, certified nurse midwives, and pharmacists do not face criminal exposure for prescribing or dispensing abortion medication in Colorado. The state imposes no physician-only restriction, and the criminal code expressly excludes medical and pharmaceutical care from prosecution. Colorado's shield laws protect against out-of-state legal actions targeting these professionals. **Legal analysis** No Colorado statute limits abortion prescribing to physicians. C.R.S. § 18-3.5-102(1) broadly excludes from prosecution any act of providing pharmaceutical care. The Colorado shield law (SB23-188, codified at C.R.S. §§ 24-116-101 to -102) bars state and local agencies from assisting out-of-state investigations or proceedings concerning legally protected health-care activity. C.R.S. § 18-13-133 shields providers prescribing abortifacients used across state lines. Pharmacists dispensing mifepristone/misoprostol pursuant to valid prescriptions face no state-law exposure. *Sources — Verified at source · High confidence · C.R.S. § 18-3.5-102(1), subsection (1), [Justia](https://law.justia.com/codes/colorado/title-18/article-3-5/section-18-3-5-102)* #### Nurses and staff **No criminal exposure** Nurses and clinic staff who assist in abortion care are not criminally exposed under Colorado law; the criminal code exempts medical, nursing, and hospital care from prosecution. Nurses, medical assistants, clinic administrators, and other staff involved in abortion care are not at risk of criminal prosecution in Colorado. The state's criminal code explicitly says it does not permit prosecution for providing nursing care, hospital services, or clinic services. Colorado's shield laws further protect staff from out-of-state legal actions. > "Nothing in this article shall permit the prosecution of a person for any act of providing...nursing...care; furnishing inpatient or outpatient hospital or clinic services." > — C.R.S. § 18-3.5-102(1) **Legal analysis** C.R.S. § 18-3.5-102(1) broadly exempts from prosecution 'any act of providing...nursing...care; furnishing inpatient or outpatient hospital or clinic services; furnishing telemedicine services.' The RHEA (C.R.S. § 25-6-404) prohibits public entities from 'depriving, through prosecution, punishment, or other means, an individual of the individual's right to act or refrain from acting during the individual's own pregnancy.' The shield laws (C.R.S. §§ 24-116-101 to -102) extend protections to those who assist in legally protected health-care activity. There is no basis under Colorado law to charge assisting clinical staff as accomplices to any crime, because the underlying conduct — abortion — is not criminal. *Sources — Verified at source · High confidence · C.R.S. § 18-3.5-102(1), subsection (1), [Justia](https://law.justia.com/codes/colorado/title-18/article-3-5/section-18-3-5-102)* #### Other helpers **No criminal exposure** Friends, family, employers, and others who assist someone in obtaining an abortion — including funding or driving — face no criminal or civil liability under Colorado law. Someone who helps a pregnant person obtain an abortion — by driving them to a clinic, paying for the procedure, offering a place to stay, or providing emotional support — is not committing a crime in Colorado. Because abortion itself is legal and protected, assisting someone to exercise that right is not criminalized. Colorado has no 'aiding and abetting abortion' statute. The shield law extends protections to those who assist in legally protected health-care activity. **Legal analysis** Because abortion is not a crime in Colorado, the general accomplice-liability statute (C.R.S. § 18-1-603) has no underlying offense to attach to. Colorado has no statute specifically criminalizing aiding, assisting, or facilitating an abortion. The RHEA prohibits public entities from 'depriving, through prosecution, punishment, or other means, an individual of the individual's right to act or refrain from acting' regarding pregnancy decisions (C.R.S. § 25-6-404(2)). The shield law (SB23-188) protects those who assist in legally protected health-care activity from out-of-state investigations. Employer-provided abortion benefits are expressly protected by the insurance-coverage mandate (SB23-189) and the constitutional right to abortion, which prohibits government from 'discriminating against' its exercise. There is no private civil cause of action against those who assist in obtaining a lawful abortion. *Sources — Verify before publication · High confidence · C.R.S. § 25-6-404, subsection (1)(b), [Justia](https://law.justia.com/codes/colorado/title-25/family-planning/article-6/part-4/section-25-6-404)* **Editor's note.** The RHEA prohibits public entities from depriving individuals of rights through prosecution or punishment. The exact text of C.R.S. § 25-6-404 should be confirmed in the current official code edition. ## Aiding & assisting ### Travel assistance **Legal; no travel restrictions** Helping someone travel — within Colorado or out of state — for an abortion is not criminalized; Colorado has no 'abortion trafficking' statute and affirmatively protects reproductive-health travel. It is legal to help someone travel to get an abortion, whether the travel is within Colorado or to another state. Colorado has no law criminalizing 'abortion trafficking' or helping a minor cross state lines for an abortion. The state's shield laws are designed to protect people from out-of-state legal actions related to abortion care. Local governments in Colorado are prohibited from restricting or interfering with the right to abortion, including through local ordinances that might target travel assistance. **Legal analysis** Colorado has no 'abortion trafficking' statute or any law criminalizing travel assistance for abortion. The RHEA (C.R.S. § 25-6-404) prohibits state and local public entities from denying, restricting, or interfering with the fundamental right to abortion, which would preclude local travel-restriction ordinances. The interstate shield law (SB23-188, C.R.S. §§ 24-116-101 to -102) prohibits Colorado state and local agencies from assisting out-of-state investigations or proceedings related to legally protected health-care activity. There is no Colorado law that would expose a person to liability for assisting someone — including a minor — to travel for abortion care. The parental notification law (C.R.S. § 13-22-701 et seq.) applies only to the physician performing the abortion, not to those who assist the minor with logistics. *Sources — Verified at source · High confidence · C.R.S. § 25-6-404, Bill summary, [Colorado General Assembly](https://leg.colorado.gov/bills/hb22-1279)* ### Funding **Legal; no funding restrictions** Paying for an abortion or abortion travel is not restricted by Colorado law; abortion funds, employer benefits, and individual assistance are all permitted. Anyone can pay for another person's abortion or abortion-related travel expenses without legal risk in Colorado. Abortion funds can operate freely. Employers can offer abortion-travel benefits as part of health plans. The constitutional Amendment 79 repealed the 40-year ban on public funding, so government programs can now cover abortion. There is no state law restricting private financial assistance for abortion. **Legal analysis** Colorado imposes no restrictions on private funding of abortion. Abortion funds operate legally. Employer-provided abortion benefits are lawful and, indeed, required for most Colorado-regulated plans under SB23-189. Amendment 79 repealed the 1984 constitutional ban on public funding of abortion (former Colo. Const. art. V, § 50). No statute prohibits or restricts donations to abortion funds or individual financial assistance for abortion procedures or travel. Local governments cannot restrict such funding consistent with C.R.S. § 25-6-404. *Sources — Verified at source · High confidence · Colo. Const. art. V, § 50 (repealed 2024), Text of repealed provision, [Ballotpedia](https://ballotpedia.org/Colorado_Amendment_79,_Right_to_Abortion_and_Health_Insurance_Coverage_Initiative_(2024))* ### Mailing pills **Legal; no mailing prohibition** Colorado imposes no prohibition on mailing abortion medication into or within the state; shield laws protect providers who prescribe medication to patients in other states. There is no Colorado law that bans sending or receiving abortion pills by mail. A person in Colorado can legally receive abortion medication shipped from a pharmacy or provider, whether in Colorado or from another state. Colorado providers who mail pills to patients in other states are protected by the state's shield law, which says they cannot be prosecuted or investigated in Colorado for doing so. > "A licensed health-care provider shall not be prosecuted, investigated, or subjected to any penalty if the health-care provider prescribes an abortifacient to a patient and the patient ingests the abortifacient in another state." > — C.R.S. § 18-13-133 **Legal analysis** Colorado has no statute prohibiting the mailing or shipment of abortion medication. No in-person dispensing requirement exists in Colorado law. C.R.S. § 18-13-133 expressly protects licensed health-care providers from prosecution, investigation, or penalty if a patient ingests a prescribed abortifacient in another state. The shield law (C.R.S. §§ 24-116-101 to -102) bars state cooperation with out-of-state investigations. The federal Comstock Act (18 U.S.C. §§ 1461-1462) remains on the books but has not been enforced against abortion medication in the modern era; its application is contested. FDA regulation of mifepristone permits mailing under current rules. Colorado law does not independently restrict mailing. *Sources — Verified at source · High confidence · C.R.S. § 18-13-133, [Justia](https://law.justia.com/codes/colorado/title-18/article-13/section-18-13-133)* **Editor's note.** The federal Comstock Act (18 U.S.C. §§ 1461-1462) remains on the books but has not been enforced against abortion medication in the modern era. A future federal administration could seek to enforce it, which would create a federal-state conflict given Colorado's shield laws. ### Providing information **Legal; First Amendment protected** Providing information, referrals, or websites about abortion is lawful in Colorado with no state-imposed liability; the RHEA affirmatively protects the provision of information about reproductive health care. Anyone can give information about abortion — including websites, referrals, hotlines, or personal advice — without legal risk in Colorado. The Reproductive Health Equity Act prohibits the government from restricting or interfering with the provision of information about reproductive health care. There is no law restricting or penalizing abortion-related speech. **Legal analysis** C.R.S. § 25-6-404(1)(a) prohibits state and local public entities from 'denying, restricting, interfering with, or discriminating against an individual's fundamental right to...have an abortion in the regulation or provision of benefits, services, information, or facilities.' The First Amendment, as applied to the states through the Fourteenth Amendment, provides independent protection for truthful speech about lawful medical procedures. Colorado has no statute restricting abortion-related speech, counseling, or referral. No Colorado court has upheld a restriction on abortion-related information. *Sources — Verified at source · High confidence · C.R.S. § 25-6-404, Bill summary, [Colorado General Assembly](https://leg.colorado.gov/bills/hb22-1279)* ### Civil bounty **No civil bounty law** Colorado has no SB8-style private civil enforcement mechanism; there is no statute authorizing private individuals to sue abortion providers, patients, or helpers. Colorado has not enacted any law like Texas's SB8 that allows private citizens to sue people involved in abortion. No law authorizes a private person to bring a civil lawsuit against an abortion provider, a patient, or anyone who helps with an abortion. **Legal analysis** Colorado has no private civil enforcement statute targeting abortion. There is no equivalent to Texas's S.B. 8 (Texas Health & Safety Code §§ 171.207-171.208). The RHEA and Amendment 79 would likely preempt any local attempt to create such a mechanism, and the Colorado Constitution prohibits government from 'impeding' the right to abortion. *Sources — No law on this point · High confidence · Colo. Const. art. II, § 32, art. II, § 32, [FindLaw](https://codes.findlaw.com/co/colorado-constitution-of-1876/co-const-art-ii-sect-32)* ## Procedural requirements ### Waiting period **No waiting period** Colorado imposes no mandatory waiting period between counseling and an abortion procedure; a person can receive counseling and the procedure on the same day. Colorado does not require a person to wait any amountของ time between receiving information about abortion and having the procedure. A person can have an abortion on the same day as their initial appointment. The only waiting period in Colorado law is the 48-hour parental notification requirement for minors, which applies only to the notice to a parent or guardian — not to a waiting period for the patient personally. **Legal analysis** Colorado imposes no mandatory waiting period between informed consent and the abortion procedure. There is no statutory requirement for a 24-, 48-, or 72-hour delay. The state had a 24-hour informed-consent waiting-period proposal on the ballot in 2000, which voters rejected. The only temporally relevant requirement is the 48-hour notice period for parental notification (C.R.S. § 13-22-704(1)), which applies exclusively to unemancipated minors and runs from delivery of notice to the parent, not from the patient's consultation. *Sources — Verified at source · High confidence · Guttmacher Institute, Counseling and Waiting Periods for Abortion, Colorado not listed, [Guttmacher Institute](https://www.guttmacher.org/state-policy/explore/counseling-and-waiting-periods-abortion)* ### Mandatory counseling **No state-scripted counseling** Colorado imposes no state-scripted counseling or mandatory materials requirement for abortion; standard informed consent governs. Colorado does not require a person seeking an abortion to receive state-written materials or listen to a state-mandated script. There is no requirement that a provider read specific information to the patient or that the patient view any state-produced materials. Standard medical informed consent — explaining the procedure and its risks — applies as it does for any medical procedure. **Legal analysis** Colorado has no statute mandating state-scripted counseling, informational materials, or specific disclosures beyond standard informed consent applicable to all medical procedures. There is no requirement to inform the patient about fetal development, alternatives to abortion, or potential psychological effects. No state-produced informational booklet or video exists for abortion patients. The parental notification requirement for minors (C.R.S. § 13-22-704) is a notice obligation, not a counseling requirement. *Sources — Verified at source · High confidence · Guttmacher Institute, Counseling and Waiting Periods for Abortion, Colorado not listed, [Guttmacher Institute](https://www.guttmacher.org/state-policy/explore/counseling-and-waiting-periods-abortion)* ### Ultrasound requirement **No ultrasound requirement** Colorado does not mandate an ultrasound before an abortion; a provider may perform one as part of standard medical practice but it is not legally required. Colorado law does not require a person to have an ultrasound before getting an abortion. A provider may choose to perform an ultrasound as part of routine medical care — for example, to determine how far along the pregnancy is — but there is no law requiring it, and there is certainly no law requiring the provider to show or describe the ultrasound image to the patient. **Legal analysis** Colorado imposes no statutory requirement for ultrasound before abortion. There is no mandate to perform an ultrasound, to offer one, or to display or describe ultrasound images. The absence of any abortion-specific informed-consent statute means that ultrasound use is governed by general medical standards of care, not by statutory compulsion. *Sources — Verified at source · High confidence · Guttmacher Institute, Requirements for Ultrasound, Colorado not listed, [Guttmacher Institute](https://www.guttmacher.org/state-policy/explore/requirements-ultrasound)* ### In person visits **Zero in-person visits required** Colorado imposes no in-person visit requirement for abortion; medication abortion can be obtained via telehealth without any in-person clinic visit. A person seeking an abortion in Colorado does not have to visit a clinic in person at all. Medication abortion can be prescribed through a telehealth appointment and the pills can be mailed directly to the patient. For procedural abortion, one in-person visit is naturally required, but the law does not compel any additional visits before or after. There is no mandatory counseling visit, no waiting period that would require a second trip, and no in-person dispensing requirement. **Legal analysis** Colorado imposes zero legally compelled in-person visits for abortion. There is no in-person counseling requirement, no mandatory waiting period necessitating a return visit, and no in-person dispensing requirement for medication abortion. Telehealth prescribing is permitted. The parental notification for minors (C.R.S. § 13-22-704) is effectuated by written notice delivered by mail or in person — not by a mandatory in-person visit by the minor. The number of legally mandated in-person visits is therefore zero. *Sources — Verified at source · High confidence · C.R.S. § 25-6-403, subsection (2), [Justia](https://law.justia.com/codes/colorado/title-25/family-planning/article-6/part-4/section-25-6-403)* ## Minors ### Parental involvement **Parental notification; 48 hours** Colorado requires 48-hour written notice to a parent or guardian before performing an abortion on an unemancipated minor, but does not require parental consent. If a person under 18 who is not legally emancipated wants an abortion in Colorado, the provider must give written notice to at least one parent or guardian at least 48 hours before the procedure. The parent does not have to agree to the abortion — this is a notification requirement only, not a consent requirement. The minor can ask that only one parent be notified if the parents live apart. There are exceptions: if the minor lives with a relative (not a parent), notice can go to that relative. And the minor can go to court to get a 'judicial bypass' — a judge's order allowing the abortion without any parental notice. > "No abortion shall be performed upon an unemancipated minor until at least 48 hours after written notice of the pending abortion has been delivered." > — C.R.S. § 13-22-704(1) **Legal analysis** The Colorado Parental Notification Act, C.R.S. §§ 13-22-701 to -708, requires that no abortion be performed on an unemancipated minor until at least 48 hours after written notice has been delivered to a parent, guardian, or (if the minor lives with a non-parent relative) that relative. C.R.S. § 13-22-704(1). Notice may be delivered by the attending physician, sheriff, any adult not related to the minor, or a clergy member; or by certified mail. If parents reside together, delivery to one constitutes delivery to both. If they reside apart, notice must be delivered to both unless the minor requests only one be notified. C.R.S. § 13-22-704(1)(c). The law does not require parental consent — only notice. A minor who does not wish to notify a parent may petition for judicial bypass under C.R.S. § 13-22-707. The Tenth Circuit in Planned Parenthood of Rocky Mountains Services Corp. v. Owens, 287 F.3d 910 (10th Cir. 2002), held that the Act was unconstitutional as applied for lacking a health exception, but the law has not been formally enjoined and remains on the books. A current challenge under the new state constitutional amendment, Cohen v. Colorado, is pending. *Sources — Verified at source · High confidence · C.R.S. § 13-22-704(1), subsection (1), [Justia](https://law.justia.com/codes/colorado/title-13/contracts-and-agreements/article-22/part-7/section-13-22-704)* **Editor's note.** The parental notification law remains on the books and is generally followed, but its constitutionality under the new state constitutional amendment (Amendment 79) is being challenged in Cohen v. Colorado. ### Judicial bypass **Available; maturity or best interest** A minor may petition a court to waive parental notification; the court must grant the bypass if the minor is sufficiently mature or if notification is not in the minor's best interest. A pregnant minor who does not want to notify a parent can ask a judge for permission to have an abortion without parental notice. The judge must grant the request if they find either that the minor is mature enough to make the decision on their own, or that telling a parent would not be in the minor's best interest. The court must decide within four days. There is no filing fee. If the court denies the request, the minor can appeal, and the appeal must be decided within five days. If the court misses the deadline, the bypass is automatically granted. The proceedings are confidential, and the minor may have a lawyer and a guardian ad litem appointed. > "Any judge of a court of competent jurisdiction shall...enter an order dispensing with the notice requirements of this part 7 if the judge determines that the giving of such notice will not be in the best interest of the minor, or if the court finds, by clear and convincing evidence, that the minor is sufficiently mature to decide whether to have an abortion." > — C.R.S. § 13-22-707(1)(a) **Legal analysis** C.R.S. § 13-22-707 provides a judicial bypass mechanism. Any judge of a court of competent jurisdiction shall enter an order dispensing with notice if the judge determines that giving notice 'will not be in the best interest of the minor' or if the court finds 'by clear and convincing evidence, that the minor is sufficiently mature to decide whether to have an abortion.' C.R.S. § 13-22-707(1)(a). The order must include specific factual findings and legal conclusions. The court may appoint a guardian ad litem and attorney. Proceedings are confidential and must be given precedence; the court must decide within four days. An expedited appeal to the court of appeals must be heard and decided within five days. If either court fails to act within the statutory period, the court 'shall immediately issue an order dispensing with the notice requirements.' C.R.S. § 13-22-707(1)(f). The minor pays no filing fee. The bypass standard uses a disjunctive test — either maturity or best interest — giving the minor two independent pathways to relief. *Sources — Verified at source · High confidence · C.R.S. § 13-22-707(1)(a), subsection (1)(a), [Justia](https://law.justia.com/codes/colorado/title-13/contracts-and-agreements/article-22/part-7/section-13-22-707)* ## Paternal spousal rights ### Consent or notice laws **No spousal or paternal consent/notice law** Colorado has no statute requiring a spouse's or father's consent or notice before an abortion; the only third-party notice requirement is parental notification for minors. Colorado does not require a married person to notify or get permission from their spouse before having an abortion. There is no law giving the biological father any right to consent to or be notified about an abortion. The only third-party involvement Colorado law requires is notifying a parent or guardian when the patient is an unemancipated minor. **Legal analysis** No Colorado statute requires spousal consent, spousal notification, or paternal consent or notification before an abortion. The parental notification requirement (C.R.S. § 13-22-701 et seq.) applies only to unemancipated minors and runs to a parent or guardian, not to the father of the pregnancy. Colorado has never enacted a spousal-consent or spousal-notification statute. Any such requirement would be unconstitutional under Planned Parenthood v. Danforth, 428 U.S. 52 (1976) (invalidating spousal consent) and Planned Parenthood v. Casey, 505 U.S. 833 (1992) (invalidating spousal notification), and would independently violate Colorado's constitutional and statutory protections. *Sources — No law on this point · High confidence · Planned Parenthood v. Danforth, 428 U.S. 52 (1976), [Justia](https://supreme.justia.com/cases/federal/us/428/52/)* ### Enforceability **Not applicable; no such law exists** No spousal or paternal consent or notice law is on the books in Colorado, so enforceability under Danforth or Casey is a moot question in this jurisdiction. Because Colorado has never had a spousal or paternal consent or notice requirement, the question of whether such a law would be enforceable under Supreme Court precedent does not arise. If such a law were enacted, it would face immediate invalidation under Danforth and Casey, as well as under Colorado's own constitutional and statutory abortion protections. **Legal analysis** Colorado has no spousal or paternal consent or notice statute. Under Planned Parenthood v. Danforth, 428 U.S. 52 (1976), a spousal consent requirement is unconstitutional. Under Planned Parenthood v. Casey, 505 U.S. 833 (1992), a spousal notification requirement is an undue burden. Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), overruled Roe and Casey's federal constitutional holdings, but Colorado's independent state constitutional (Colo. Const. art. II, § 32) and statutory (C.R.S. § 25-6-403) protections would independently invalidate any spousal or paternal restriction on abortion. The enforceability question is therefore doubly moot: no such law exists, and if it did, state law would independently bar it. *Sources — No law on this point · High confidence · Colo. Const. art. II, § 32, art. II, § 32, [FindLaw](https://codes.findlaw.com/co/colorado-constitution-of-1876/co-const-art-ii-sect-32)* ### Other paternal rights **No paternal rights over abortion** The father of the pregnancy has no legal right to consent to, be notified of, or veto an abortion in Colorado; wrongful-death standing for a viable fetus has not been extended to fathers suing over abortion. In Colorado, the biological father has no legal say in whether an abortion happens. He cannot sue to stop it, he has no right to be told about it, and he cannot sue the pregnant person or the provider afterward. While Colorado recognizes a wrongful-death claim for a viable fetus when a third party causes its death, this has never been applied to the abortion context — and would almost certainly be barred by Colorado's constitutional and statutory protections for the right to abortion. > "A fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this state." > — C.R.S. § 25-6-403(3) **Legal analysis** Colorado law gives the father of a pregnancy no statutory right to consent to, be notified of, or veto an abortion. Putative-father registries are relevant to adoption and paternity, not to abortion. The Colorado wrongful-death statute (C.R.S. § 13-21-202) has been interpreted by Espadero v. Feld, 649 F. Supp. 1480 (D. Colo. 1986), to permit an action for the death of a viable fetus, but this arises in the context of third-party tortious conduct (e.g., car accidents), not lawful abortion. No Colorado court has applied wrongful-death principles to a consensual abortion, and such an application would directly conflict with C.R.S. § 25-6-403(3) ('A fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this state') and Colo. Const. art. II, § 32. *Sources — Verified at source · High confidence · C.R.S. § 25-6-403(3), subsection (3), [Justia](https://law.justia.com/codes/colorado/title-25/family-planning/article-6/part-4/section-25-6-403)* ## Fetal personhood ### Fetal homicide law **Fetal homicide, but no personhood** Colorado criminalizes the unlawful termination of a pregnancy by a third party, but expressly disclaims fetal personhood and exempts lawful abortion and the pregnant woman. In Colorado, a person who attacks a pregnant woman and causes her to lose the pregnancy can be charged with a crime — 'unlawful termination of pregnancy' — ranging from a class 2 felony to a class 6 felony depending on the circumstances. But the law explicitly says this does not make a fetus a 'person' with legal rights, and it does not apply to lawful medical care, including abortion, or to the pregnant woman herself. The statute is designed to punish third-party violence against pregnant women, not to restrict abortion. > "Nothing in this article shall be construed to confer the status of 'person' upon a human embryo, fetus, or unborn child at any stage of development prior to live birth." > — C.R.S. § 18-3.5-110 **Legal analysis** Article 3.5 of Title 18, C.R.S. ('Offenses Against Pregnant Women'), defines 'unlawful termination of pregnancy' as 'the termination of a pregnancy by any means other than birth or a medical procedure, instrument, agent, or drug, whether or not with the consent of the pregnant woman.' C.R.S. § 18-3.5-101. The article establishes four degrees of the offense: first degree (class 3 felony; class 2 if the woman dies) for intentional termination, second degree (class 4 felony) for knowing termination, third degree (class 5 felony) for reckless termination under circumstances manifesting extreme indifference, and fourth degree (class 6 felony; class 5 for repeat offenders or if the actor is an intimate partner) for reckless termination. C.R.S. §§ 18-3.5-103 to -106. Crucially, C.R.S. § 18-3.5-102 excludes from prosecution (1) medical care and (2) the pregnant woman herself. C.R.S. § 18-3.5-110 states: 'Nothing in this article shall be construed to confer the status of "person" upon a human embryo, fetus, or unborn child at any stage of development prior to live birth.' This provision was enacted in 2013 as part of the same bill that repealed the pre-Roe criminal abortion ban, reflecting a deliberate legislative choice to criminalize third-party violence against pregnancy without recognizing fetal personhood. *Sources — Verified at source · High confidence · C.R.S. § 18-3.5-110, [Justia](https://law.justia.com/codes/colorado/title-18/article-3-5/section-18-3-5-110) · C.R.S. § 18-3.5-102, subsections (1) and (2), [Justia](https://law.justia.com/codes/colorado/title-18/article-3-5/section-18-3-5-102)* ### Wrongful death **Available for viable fetus only** Colorado permits a wrongful-death action for a viable fetus, but this civil tort claim has not been extended to lawful abortion and is limited to third-party conduct. Under Colorado law, if a third party's negligence or wrongful act causes the death of a viable fetus, the parents may bring a wrongful-death lawsuit. The leading case, Espadero v. Feld, specifically involved a full-term fetus. This is a civil claim for damages, not a criminal charge, and it applies only to the actions of a third party (like a negligent driver or violent attacker). It has never been applied to a lawful abortion, and doing so would directly conflict with Colorado's explicit statutory statement that a fetus 'does not have independent or derivative rights.' > "A wrongful death action may be maintained for the death of a viable fetus, particularly a full-term fetus." > — Espadero v. Feld, 649 F. Supp. 1480 (D. Colo. 1986) **Legal analysis** C.R.S. § 13-21-202 provides the statutory basis for wrongful-death actions. In Espadero v. Feld, 649 F. Supp. 1480 (D. Colo. 1986), the federal district court held that 'a wrongful death action may be maintained for the death of a viable fetus, particularly a full-term fetus.' The Colorado Court of Appeals in Gonzales v. Mascarenas, 190 P.3d 826 (Colo. App. 2008), held that a child born alive who subsequently dies is a 'person' for wrongful-death purposes regardless of viability at the time of injury. No Colorado court has extended wrongful-death liability to the abortion context. Any such extension would be in tension with C.R.S. § 25-6-403(3) (no independent or derivative fetal rights) and Colo. Const. art. II, § 32. *Sources — Verified at source · High confidence · Espadero v. Feld, 649 F. Supp. 1480 (D. Colo. 1986), Annotation at C.R.S. § 13-21-202, [Justia (annotation at C.R.S. § 13-21-202)](https://law.justia.com/codes/colorado/title-13/damages-and-limitations-on-actions/article-21/part-2/section-13-21-202)* ### Personhood definition **No fetal personhood; express denial** Colorado law affirmatively rejects fetal personhood; the Reproductive Health Equity Act states that a fertilized egg, embryo, or fetus does not have independent or derivative rights. Colorado law explicitly says that a fertilized egg, embryo, or fetus does not have its own legal rights. This is written directly into the Reproductive Health Equity Act. The criminal code separately states that its article on pregnancy-related offenses does not make an embryo or fetus a 'person.' Colorado voters have repeatedly rejected ballot measures that would have defined personhood as beginning at fertilization — in 2008, 2010, and 2014. A new personhood ballot initiative (Initiative #226) was filed for the 2025-2026 cycle but has not yet qualified for the ballot. > "A fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this state." > — C.R.S. § 25-6-403(3) **Legal analysis** C.R.S. § 25-6-403(3) (RHEA): 'A fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this state.' C.R.S. § 18-3.5-110: 'Nothing in this article shall be construed to confer the status of "person" upon a human embryo, fetus, or unborn child at any stage of development prior to live birth.' Colorado voters rejected personhood ballot initiatives in 2008 (Initiative 48, 73% against), 2010 (Initiative 62, 70% against), and 2014 (Amendment 67, 65% against). A new proposed initiative (#226, 2025-2026 cycle) would add language that 'all human beings, from the moment of fertilization until birth, shall not be deprived of life without due process of law'; it has received a ballot title from the Title Board but faces rehearing motions and has not yet qualified. *Sources — Verified at source · High confidence · C.R.S. § 25-6-403(3), subsection (3), [Justia](https://law.justia.com/codes/colorado/title-25/family-planning/article-6/part-4/section-25-6-403) · C.R.S. § 18-3.5-110, [Justia](https://law.justia.com/codes/colorado/title-18/article-3-5/section-18-3-5-110)* **Editor's note.** A new personhood ballot initiative (#226, 2025-2026) is at the Title Board stage; it has not yet qualified for the ballot. ### Contradictions analysis Colorado's treatment of fetal personhood is internally consistent in a way that few states have achieved. The legislature deliberately constructed a regime in 2013 (HB13-1154) and strengthened it in 2022 (RHEA) and 2024 (Amendment 79) that criminalizes third-party violence causing pregnancy loss — the 'unlawful termination of pregnancy' offenses — while simultaneously and explicitly denying that the fetus is a 'person' and exempting both lawful medical care (including abortion) and the pregnant woman herself from prosecution. C.R.S. § 18-3.5-110 states bluntly that nothing in the crimes-against-pregnant-women article confers personhood before live birth. RHEA (C.R.S. § 25-6-403(3)) says a fertilized egg, embryo, or fetus 'does not have independent or derivative rights.' The one apparent tension — that Colorado permits a wrongful-death action for a viable fetus under Espadero v. Feld while denying fetal rights — is a narrow civil tort doctrine that exists in many states even where abortion is protected. The wrongful-death action compensates survivors for loss, which is analytically distinct from granting the fetus independent rights; it has never been applied to consensual abortion. The criminal offenses against pregnant women function as enhanced penalties for violence against women, not as fetal-personhood statutes — a point the General Assembly underscored by including the anti-personhood language in the same 2013 bill. This is a jurisdiction that has achieved what the personhood-contradiction question is designed to detect: the ability to punish third-party fetal homicide without undermining abortion rights. ## Telehealth & interstate questions ### Telehealth prescribing **Telehealth fully permitted** Abortion medication can be prescribed via telehealth to a patient in Colorado by an in-state or out-of-state provider; no in-person visit is required. A person in Colorado can get a prescription for abortion medication through a telehealth appointment — a video or phone call with a health-care provider — without ever going to a clinic. The provider can be in Colorado or in another state, as long as the prescription follows Colorado's standard of care. The pills can then be mailed to the patient or picked up at a pharmacy. Colorado law explicitly protects providers who prescribe to patients who take the medication in another state. **Legal analysis** Colorado imposes no restriction on telehealth prescribing of abortion medication. No in-person visit is required. C.R.S. § 18-13-133 shields providers who prescribe abortifacients to patients who ingest them in another state. The shield law (SB23-188) and executive order (Exec. Order D 2022-013) further protect cross-border telehealth. No Colorado statute requires a physician-patient relationship established in person before telehealth prescribing of abortion medication. Out-of-state providers may prescribe to Colorado patients consistent with Colorado's generally applicable telehealth and licensure rules. *Sources — Verified at source · High confidence · C.R.S. § 18-13-133, [Justia](https://law.justia.com/codes/colorado/title-18/article-13/section-18-13-133)* ### Out of state travel **Travel fully permitted** Colorado residents may lawfully travel out of state for abortion care; Colorado imposes no restrictions on such travel and actively shields against out-of-state investigations. Colorado residents are free to travel to another state to get an abortion. Colorado law does not restrict or penalize this in any way. In fact, Colorado's shield laws are designed to protect its residents and providers from legal actions brought by other states. The state will not cooperate with out-of-state investigations, subpoenas, or extradition requests related to lawful abortion care. **Legal analysis** Colorado imposes no restriction on out-of-state travel for abortion. The interstate shield law (SB23-188, C.R.S. §§ 24-116-101 to -102) bars Colorado state and local agencies from assisting out-of-state investigations or proceedings concerning legally protected health-care activity. The Governor's Executive Order D 2022-013 confirmed the Governor's discretion to deny extradition requests related to such care. Colorado has not enacted any statute purporting to reach conduct occurring outside its borders. The right to travel is independently protected under the federal Constitution. *Sources — Verified at source · High confidence · C.R.S. §§ 24-116-101 to -102, [Center for Reproductive Rights](https://reproductiverights.org/maps/abortion-laws-by-state/colorado)* ### Shield or hostile laws **Robust shield protections** Colorado has enacted comprehensive shield laws protecting providers, patients, and helpers from out-of-state investigations, subpoenas, extradition, professional discipline, and civil actions related to lawful abortion care. Colorado is a 'shield state' — meaning it has passed laws to protect people involved in abortion care from legal attacks by other states. These laws prevent Colorado government agencies from helping with out-of-state investigations or lawsuits about abortion that was legal in Colorado. They protect providers from having their licenses disciplined by Colorado boards because of out-of-state complaints. They allow providers and patients to countersue anyone who brings an out-of-state action against them. They also let the Governor refuse extradition requests for abortion-related charges from other states. Colorado's shield laws cover both abortion and gender-affirming care, and protect patients, providers, and anyone who helps. > "The act bars state and local agencies from assisting out-of-state investigations or proceedings concerning legally protected reproductive health care." > — C.R.S. §§ 24-116-101 to -102 **Legal analysis** Colorado has enacted layered shield protections: (1) Exec. Order D 2022-013 (July 2022) — directed state agencies not to cooperate with out-of-state investigations, protected licensing, and confirmed extradition-discretion. (2) SB23-188 (C.R.S. §§ 24-116-101 to -102, effective April 14, 2023) — codified the executive order; barred state and local agencies from assisting out-of-state investigations or proceedings concerning 'legally protected health-care activity'; protected professional liability insurance; prohibited health-plan discrimination against providers of protected care. (3) C.R.S. § 18-13-133 — shields providers from prosecution or investigation if a patient ingests a prescribed abortifacient in another state. (4) SB25-129 (2025) — strengthened shield protections by requiring subpoena requesters to affirm under penalty of perjury that the request will not be used for investigating protected care (C.R.S. § 13-1-140.1); allowed medication-abortion labels to identify the practice rather than the individual clinician (C.R.S. § 12-280-124(2)(b)); and authorized civil 'clawback' actions to recover damages from out-of-state enforcement efforts (C.R.S. § 13-21-133(b)(I)). *Sources — Verified at source · High confidence · C.R.S. §§ 24-116-101 to -102, Bill summary, [Colorado General Assembly (SB23-188 page)](https://leg.colorado.gov/bills/sb23-188) · C.R.S. § 18-13-133, [Justia](https://law.justia.com/codes/colorado/title-18/article-13/section-18-13-133)* **Editor's note.** SB25-129 (2025) added further shield protections including clawback lawsuits, subpoena safeguards, and prescription-label anonymity; the codified sections should be verified in the next annual update of the Colorado Revised Statutes. ## Funding and insurance ### Medicaid **Medicaid covers abortion** Following Amendment 79's repeal of the 1984 public-funding ban, Colorado Medicaid now covers abortion; SB25-183 (2025) codified this by adding abortion care to the Medicaid family-planning services schedule. Medicaid in Colorado now covers abortion care. For 40 years, a constitutional amendment banned using public money for abortion, but voters repealed that ban in November 2024 by passing Amendment 79. The Colorado legislature then passed SB25-183 in 2025, which added abortion to the list of covered services under Medicaid. The state also added abortion coverage to the Children's Basic Health Plan. This means low-income Coloradans on Medicaid can now have their abortions covered by the program, going well beyond the federal Hyde Amendment's limited coverage for cases of rape, incest, and life endangerment. **Legal analysis** Amendment 79 (2024) repealed the 1984 constitutional ban on public funding of abortion (former Colo. Const. art. V, § 50). The amendment added Colo. Const. art. II, § 32, which prohibits government from 'denying, impeding, or discriminating against' the right to abortion, 'including prohibiting health insurance coverage for abortion.' SB25-183 (2025) amended C.R.S. § 25.5-4-412 and § 25.5-5-329 to expand the definition of 'family-planning-related services' to include abortion care, requiring the Department of Health Care Policy and Financing to cover abortion through Medicaid. The bill also requires the Medical Services Board to include abortion care in the schedule of services for the Children's Basic Health Plan. The federal Hyde Amendment still prohibits the use of federal Medicaid funds for most abortions, so Colorado will use state-only funds to cover abortions beyond the Hyde categories. *Sources — Verified at source · High confidence · Colo. Const. art. V, § 50 (repealed), Overview section, [Ballotpedia](https://ballotpedia.org/Colorado_Amendment_79,_Right_to_Abortion_and_Health_Insurance_Coverage_Initiative_(2024)) · SB25-183, 2025 Colo. Sess. Laws, Bill summary, [Colorado General Assembly](http://leg.colorado.gov/bills/SB25-183)* **Editor's note.** Federal Hyde Amendment restrictions mean federal Medicaid dollars cannot fund most abortions; Colorado uses state funds to cover what federal law prohibits. ### Private insurance **Insurance must cover abortion** Colorado requires most state-regulated private health insurance plans to fully cover abortion without deductibles, copays, or coinsurance, effective January 2025. Since January 2025, most private health insurance plans in Colorado must cover the total cost of abortion care. This means no deductibles, no copays, and no coinsurance — it is fully covered. The requirement applies to large-employer plans regulated by the state. There is an exception for federally defined high-deductible health plans. Government employee health plans can now also cover abortion, thanks to Amendment 79's repeal of the public-funding ban. **Legal analysis** SB23-189 (2023), codified at C.R.S. § 10-16-104(26)(a), requires large-employer health benefit plans issued or renewed on or after January 1, 2025, to 'provide coverage for the total cost of abortion care' without cost-sharing (no deductibles, copays, or coinsurance). An exception exists for federally defined high-deductible health plans. The Colorado Division of Insurance issued Bulletin B-4.139 implementing the requirement. Following Amendment 79, government-employee health plans may also cover abortion; SB23-189 had originally exempted government employers pending the outcome of the ballot measure. *Sources — Verified at source · High confidence · C.R.S. § 10-16-104(26)(a), Bill summary, [Colorado General Assembly (SB23-189 page)](https://leg.colorado.gov/bills/sb23-189)* **Editor's note.** Self-insured plans governed by ERISA are not subject to Colorado's insurance mandate. The exact statutory subsection should be confirmed in the codified C.R.S. ### Exchange plans **ACA plans must cover abortion** ACA marketplace plans in Colorado are subject to the same abortion-coverage mandate as other state-regulated plans; they must cover abortion without cost-sharing. Health insurance plans sold through Colorado's ACA marketplace (Connect for Health Colorado) must cover abortion without deductibles or copays, just like other state-regulated plans. This means someone who buys insurance through the exchange can get abortion care fully covered. **Legal analysis** ACA marketplace plans issued in Colorado are regulated by the Colorado Division of Insurance and are subject to the SB23-189 abortion-coverage mandate. The Colorado Division of Insurance has confirmed that the mandate applies to plans sold on the exchange. Federal ACA rules do not prohibit abortion coverage; they require separate premium collection for the abortion-coverage portion (45 C.F.R. § 156.280), and Colorado's mandate means this segregation requirement is operational but does not limit coverage. *Sources — Verified at source · High confidence · C.R.S. § 10-16-104(26)(a); SB23-189, Bill summary, [Colorado General Assembly](https://leg.colorado.gov/bills/sb23-189)* ### State funding of providers **State funds abortion providers** With the repeal of the public-funding ban and the enactment of SB25-183, Colorado affirmatively funds abortion care through Medicaid and other state programs. Colorado now uses state money to pay for abortion care. The 40-year constitutional ban on public funding for abortion was repealed in 2024. The legislature then passed SB25-183 in 2025, appropriating nearly $3 million from the general fund for abortion care through Medicaid. The state also funds family-planning services that include abortion. This means the state is affirmatively funding — not defunding — abortion providers and services. **Legal analysis** Colorado has shifted from a defunding to a funding posture. The 1984 constitutional ban (former art. V, § 50) prohibited state and local public funds from being used 'to pay or otherwise reimburse, either directly or indirectly, any person, agency or facility for the performance of any induced abortion.' Amendment 79 repealed this provision in its entirety. The Colorado General Assembly has not enacted any replacement defunding mechanism. To the contrary, SB25-183 appropriated $2,928,800 from the general fund for abortion-care Medicaid services. State-funded family-planning programs may include abortion services. This represents an affirmative state-funding posture toward abortion providers. *Sources — Verified at source · High confidence · Colo. Const. art. V, § 50 (repealed 2024), Text of repealed art. V, § 50, [Ballotpedia](https://ballotpedia.org/Colorado_Amendment_79,_Right_to_Abortion_and_Health_Insurance_Coverage_Initiative_(2024))* ## Penalties | Actor | Offense | Penalty | Verification | | --- | --- | --- | --- | | Pregnant woman | None; expressly exempt from prosecution under C.R.S. § 18-3.5-102(2) | No criminal or civil penalty | Verified at source | | Physician or other licensed provider | None for performing lawful abortion; civil penalty only for parental-notification violation (C.R.S. § 13-22-706) | No criminal penalty; civil penalty for parental-notification noncompliance | Verified at source | | Third party who causes unlawful termination of pregnancy | Unlawful termination of pregnancy (first through fourth degree), C.R.S. §§ 18-3.5-103 to -106 | First degree: class 3 felony (or class 2 if woman dies); second degree: class 4 felony; third degree: class 5 felony; fourth degree: class 6 felony (class 5 for certain repeat or intimate-partner offenders) | Verified at source | ## Recent changes - **April 4, 2022** — Governor Polis signed HB22-1279, the Reproductive Health Equity Act (RHEA), codifying the fundamental right to abortion in Colorado statute and affirming that a fertilized egg, embryo, or fetus has no independent or derivative rights. *Sources — 2022 Colo. Sess. Laws ch. 67 (HB22-1279), Status section, [Colorado General Assembly](https://leg.colorado.gov/bills/hb22-1279)* - **July 6, 2022** — Governor Polis issued Executive Order D 2022-013, directing state agencies to protect access to reproductive health care and limit cooperation with out-of-state investigations following the Dobbs decision. *Sources — Exec. Order No. D 2022-013 (Colo. July 6, 2022), [Center for Reproductive Rights](https://reproductiverights.org/maps/abortion-laws-by-state/colorado)* - **April 14, 2023** — Governor Polis signed SB23-188, the interstate shield law, barring Colorado agencies from assisting out-of-state investigations or proceedings concerning legally protected reproductive and gender-affirming health care. *Sources — 2023 Colo. Sess. Laws ch. 68 (SB23-188), Bill summary, [Colorado General Assembly](https://leg.colorado.gov/bills/sb23-188)* - **April 14, 2023** — Governor Polis signed SB23-189, requiring large-employer health benefit plans to cover the total cost of abortion care without cost-sharing, effective January 1, 2025. *Sources — 2023 Colo. Sess. Laws (SB23-189), Bill summary, [Colorado General Assembly](https://leg.colorado.gov/bills/sb23-189)* - **November 5, 2024** — Colorado voters approved Amendment 79 by 61.97%, enshrining the right to abortion in the Colorado Constitution (art. II, § 32) and repealing the 1984 constitutional ban on public funding of abortion. *Sources — Colo. Const. art. II, § 32; art. V, § 50 (repealed), [Ballotpedia](https://ballotpedia.org/Colorado_Amendment_79,_Right_to_Abortion_and_Health_Insurance_Coverage_Initiative_(2024))* - **February 13, 2025** — SB25-129, strengthening Colorado's shield law with clawback civil actions, subpoena safeguards, and prescription-label anonymity for medication-abortion providers, passed committee and was ultimately enacted. *Sources — SB25-129 (2025), [Colorado Newsline / Williams Institute](https://coloradonewsline.com/2025/02/13/senate-committee-expand-abortion-shield-law)* - **March 6, 2025** — SB25-183, expanding Medicaid to cover abortion care and appropriating nearly $3 million from the general fund, passed committee and was enacted. *Sources — SB25-183 (2025), Bill summary, [Colorado General Assembly](http://leg.colorado.gov/bills/SB25-183)* ## Pending changes ### Cohen v. Colorado (Litigation) **Status.** Pending; motion to dismiss filed by defendants. Plaintiffs assert that the parental notification requirement (C.R.S. §§ 13-22-701 to -708) violates the state constitutional right to abortion under Amendment 79 (Colo. Const. art. II, § 32) and equal-protection guarantees. If successful, could invalidate Colorado's parental notification requirement for minors, removing the last remaining abortion restriction in Colorado law. *Sources — Cohen v. Colorado (Denver District Court, filed 2025), Plaintiffs' Opposition to Motion to Dismiss, [Lawyering Project (court filing)](https://lawyeringproject.org/wp-content/uploads/2025/11/20251107_CO_Stamped-Plaintiffs-Opposition-to-Defendants-Joint-Motion-to-Dismiss.pdf)* ### Initiative #226 (2025-2026) (Ballot measure) **Status.** Title Board set ballot title on February 18, 2026; motion for rehearing filed. Has not yet gathered signatures or qualified for the ballot. Would amend the Colorado Constitution to provide that 'all human beings, from the moment of fertilization until birth, shall not be deprived of life without due process of law,' potentially establishing fetal personhood and threatening the constitutional right to abortion. *Sources — 2025-2026 Initiative #226, [Colorado Secretary of State](https://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2025-2026/226RehearingMiddleton.pdf)* ## Key authorities - **Colorado Constitution Article II, Section 32** — Colo. Const. art. II, § 32 _(Constitution)_ · [codes.findlaw.com/co/colorado-constit…](https://codes.findlaw.com/co/colorado-constitution-of-1876/co-const-art-ii-sect-32) Enshrines the right to abortion in the Colorado Constitution, prohibiting government from denying, impeding, or discriminating against its exercise, and repeals the public-funding ban. - **Reproductive Health Equity Act (RHEA)** — C.R.S. §§ 25-6-401 to -407 _(Statute)_ · [law.justia.com/codes/colorado/titl…](https://law.justia.com/codes/colorado/title-25/family-planning/article-6/part-4/section-25-6-403) Codifies the fundamental statutory right to abortion, defines its scope, and prohibits state and local government interference. - **Offenses Against Pregnant Women** — C.R.S. §§ 18-3.5-101 to -110 _(Statute)_ · [law.justia.com/codes/colorado/titl…](https://law.justia.com/codes/colorado/title-18/article-3-5/section-18-3-5-102) Criminalizes third-party violence causing pregnancy loss while expressly exempting medical care and the pregnant woman, and denying fetal personhood. - **Colorado Parental Notification Act** — C.R.S. §§ 13-22-701 to -708 _(Statute)_ · [law.justia.com/codes/colorado/titl…](https://law.justia.com/codes/colorado/title-13/contracts-and-agreements/article-22/part-7/section-13-22-704) The sole remaining restriction on abortion in Colorado — 48-hour parental notice for unemancipated minors, with judicial bypass. - **Interstate Shield Law (SB23-188)** — C.R.S. §§ 24-116-101 to -102 _(Statute)_ · [leg.colorado.gov/bills/sb23-188](https://leg.colorado.gov/bills/sb23-188) Protects Colorado providers, patients, and helpers from out-of-state investigations, subpoenas, and professional discipline related to lawful abortion care. - **Medication Abortion Cross-Border Shield** — C.R.S. § 18-13-133 _(Statute)_ · [law.justia.com/codes/colorado/titl…](https://law.justia.com/codes/colorado/title-18/article-13/section-18-13-133) Protects licensed health-care providers from prosecution or investigation when a patient ingests a prescribed abortifacient in another state. - **Insurance Coverage Mandate (SB23-189)** — C.R.S. § 10-16-104(26)(a) _(Statute)_ · [leg.colorado.gov/bills/sb23-189](https://leg.colorado.gov/bills/sb23-189) Requires most state-regulated private health insurance plans to fully cover abortion without cost-sharing. - **Medicaid Abortion Coverage (SB25-183)** — SB25-183, 2025 Colo. Sess. Laws _(Statute)_ · [leg.colorado.gov/bills/SB25-183](http://leg.colorado.gov/bills/SB25-183) Expands Medicaid and Children's Basic Health Plan to cover abortion services following the repeal of the public-funding ban. - **Espadero v. Feld** — 649 F. Supp. 1480 (D. Colo. 1986) _(Case)_ · [law.justia.com/codes/colorado/titl…](https://law.justia.com/codes/colorado/title-13/damages-and-limitations-on-actions/article-21/part-2/section-13-21-202) Establishes that a wrongful-death action may be maintained for a viable fetus under Colorado law, though not in the abortion context. - **Planned Parenthood of Rocky Mountains Services Corp. v. Owens** — 287 F.3d 910 (10th Cir. 2002) _(Case)_ · [law.justia.com/codes/colorado/titl…](https://law.justia.com/codes/colorado/title-13/contracts-and-agreements/article-22/part-7/section-13-22-704) Tenth Circuit decision noting constitutional concerns with Colorado's parental notification law for lacking a health exception; cited in ongoing state constitutional challenge. - **Amendment 79 (2024)** — Colorado Amendment 79, Right to Abortion and Health Insurance Coverage Initiative (2024) _(Ballot measure)_ · [ballotpedia.org/Colorado_Amendment_…](https://ballotpedia.org/Colorado_Amendment_79,_Right_to_Abortion_and_Health_Insurance_Coverage_Initiative_(2024)) The voter-approved constitutional amendment that elevated abortion from statutory to constitutional protection and repealed the public-funding ban. ## Research notes > Overall confidence: High. Analysis current as of July 12, 2026; research completed July 12, 2026. Verify C.R.S. § 25-6-404 and C.R.S. § 13-22-706 in the official Colorado Revised Statutes before publication. Confirm the effective date and codified sections of SB25-129 (2025 shield-law expansions). Monitor Cohen v. Colorado for a ruling that could invalidate the parental notification requirement. Confirm the codified C.R.S. sections for SB25-183 (Medicaid abortion coverage). The 2025 Colorado Revised Statutes may not yet incorporate all 2025 session laws; cross-check against the Colorado General Assembly's session-laws page. Unresolved points: The exact current codified text of the 2025 shield-law expansions (SB25-129) may not be reflected in the 2025 edition of the Colorado Revised Statutes; language should be verified against the enrolled act. — The Cohen v. Colorado litigation is at an early stage; no ruling has issued on the motion to dismiss, and the case's trajectory is uncertain. — Initiative #226 (2025-2026 personhood) is at the Title Board stage; whether it will gather sufficient signatures to qualify for the ballot is unknown. — The precise scope of the civil penalty for violating the parental notification law (C.R.S. § 13-22-706) was not independently verified from the statutory text. — The interaction between Colorado's shield laws and potential federal enforcement of the Comstock Act under a future administration remains speculative..