Colorado Abortion Laws
By John Mascolo, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed July 12, 2024
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Abortion is legal in Colorado through all stages of pregnancy.
Colorado Abortion Laws After Dobbs
Few topics can create as heated a debate as a discussion on abortion. People on both sides, whether pro-choice or pro-life, often feel adamant that state and federal reproductive laws should follow their moral or religious views.
In 2022, the U.S. Supreme Court ended the federal constitutional right to abortion in the case of Dobbs v. Jackson Women's Health Organization. In the 6-3 decision, the majority overturned the precedent of Roe v. Wade, the 1973 case that found that the U.S. Constitution contained a right to privacy that included decisions related to abortion. The Court's decision returned the authority to restrict or ban abortion in America back to the individual states.
But, the Dobbs case had no impact on abortion services in Colorado. In 2022, Colorado lawmakers enacted a law that makes abortion legal in Colorado at all stages of pregnancy.
The Reproductive Health Equity Act
On April 4, 2022, Gov. Jared Polis signed the Reproductive Health Equity Act into law. Democratic members in the state legislature had backed the law to head off the likely overturn of Roe by the U.S. Supreme Court.
Anticipating that the abortion issue would return to the states, Colorado followed the lead of many other states that put clear protections for abortion access into state law. The law says:
- That every person has a fundamental right to make decisions about reproductive health care, including to use or refuse contraceptives.
- A pregnant person has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right.
- A fertilized egg, embryo, or fetus does not have independent or derivative rights under the state's laws.
The law also bans any public entity from interfering with or denying a person's reproductive rights and bans prosecution of any natural or legal person for providing or assisting someone with reproductive health care.
In 2023, the state enacted further protections for those seeking abortion care. This included new laws that:
- Prohibit Colorado courts and law enforcement from cooperating with the investigation and prosecution of out-of-state residents who seek abortion providers in Colorado
- Expand health insurance coverage for abortion services by providing no-cost options in certain large employer insurance plans
- Bar false advertising about abortion, emergency contraception, or abortion pill reversal
Abortion Restrictions in Colorado
Colorado law contains abortion restrictions in areas related to minors and public funds.
A health care provider treating a pregnant person under 18 who seeks to have an abortion must give parental notice under Colorado's Parental Notification Act. No notice will be required under certain circumstances, such as child abuse or neglect. The law also contains a judicial bypass procedure so that a minor who does not desire parental notification can present their case to a judge confidentially. If the court finds that the minor is mature enough to decide the matter or that the absence of notice is in the child's best interests, it may waive the notice.
The Colorado State Constitution bans the use of public funds for abortion. Under case law, consistent with Medicaid law, public funds in Colorado can be used in abortion cases where the pregnancy resulted from rape or incest, places the pregnant person's life in danger, or when the fetus has a lethal medical condition.
2024 State Ballot Initiative
In 2024, Coloradans will have the opportunity to vote on Initiative 89. This ballot proposal would add a provision to the state constitution protecting abortion rights. It would also overturn the current abortion funding ban in the state constitution.
Initiative 89 must get approved by voters with at least 55% of the vote to become law.
Colorado Abortion Laws at a Glance
The table below offers a basic summary of Colorado abortion laws. See FindLaw's Reproductive Rights section for more articles and resources on reproductive health care topics.
| Relevant Colorado abortion laws | Colorado Constitution Article V — Legislative Department
Colorado Revised Statutes Title 10 — Insurance
Title 12 — Professions and Occupations
Title 13 — Courts and Court Procedure
Title 25 — Public Health and Environment
Title 25.5 — Health Care Policy and Financing
|
| When is abortion legal? | Abortion is legal in Colorado at all stages of pregnancy. |
|---|---|
| Consent requirements | Other than in cases of medical emergency, a patient seeking an abortion must provide informed and voluntary consent to an abortion. In most circumstances, parental notice must be given to a parent or legal guardian for a minor (under 18). The state says a patient can seek a court order granting a waiver of such notice (judicial bypass). |
| Penalty for unlawful abortion | When a patient consents to an abortion, there is no penalty for the patient or for the health care provider who provides treatment or services. When a person causes the nonconsensual termination of another person's pregnancy, they may face criminal charges. See Offenses Against Pregnant Women, Colorado Criminal Code, Sections 18-3.5-101 to 18-3.5-110. |
| Residency requirements for patients | Colorado law does not prohibit out-of-state residents from seeking abortion care in Colorado. |
| Physician licensing requirements | Colorado does not restrict the type of health care practitioners that can provide abortion services. A health care practitioner still must follow professional standards within their scope of practice. |
Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
How Does Colorado Compare to Other States?
Colorado abortion laws are some of the least restrictive in the U.S.
In Colorado, the Democratic Party generally supports reproductive rights, including the right to abortion. The Republican Party generally opposes and seeks to restrict abortion. The Colorado State House and State Senate now have Democratic Party majorities. The governor is also a Democrat who supports abortion rights.
The majority of states permit abortion through fetal viability or about 24 weeks of pregnancy. After that, state laws vary on what circumstances would allow abortion. In many states, substantial risks to a pregnant person's life or health will allow an abortion after fetal viability.
Over a dozen states, including Texas, have passed abortion bans that prevent most legal access to abortion services.
As state laws vary, understanding whether your state permits abortion may involve some research. For example, New Mexico permits abortion throughout pregnancy, like Colorado. In Utah, abortion is banned after 18 weeks of pregnancy.
A Note About Medication Abortion
The Food and Drug Administration (FDA) approved the use of mifepristone, one of two drugs used in abortion pills, in 2000. Since that time, the use of medication abortion has increased. Today, studies show that medication abortion accounts for some 63% of all abortions in the U.S. each year.
In 2022, abortion opponents filed a legal challenge in federal court to the use of mifepristone. They challenged the FDA's approval and changes in FDA rules that expanded access to the drug.
In June 2024, the U.S. Supreme Court found that the abortion opponents who filed the lawsuit did not have standing to bring it because they were physicians who did not perform abortions or prescribe abortion pills. The Court's decision meant that legal access to abortion medication would continue for now.
Research the Law
Colorado Abortion Laws: Related Resources
Questions About Colorado Abortion Laws? An Attorney Has Answers
If you or someone you know has questions about abortion laws in Colorado, then you should talk to an experienced attorney who can give you clarity on the law. Get started today by finding a family law attorney near you.
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