Restrictions

Colorado law limits public funding for abortion.^[1]Colo. Rev. Stat. § 25.5-3-106; Colo. Rev. Stat. § 25.5-4-415; 10 Colo. Code Regs. § 2505-10:8.770.4.A.; Colo. Const. art. V, § 50, narrowed by Hern v. Beye, 57 F.3d 906, 913 (10th Cir. 1995) … Continue reading The state generally requires that parents or legal guardians be notified about a minor’s abortion;^[2]COLO. REV. STAT. § 13-22-704. alternatively, a judge can approve a minor’s petition without parental notification.^[3]Id. § 13-22-707. Colorado law requires abortion providers to submit reports to the state.^[4]COLO. CODE REGS. § 1006-1:10. Providers who violate Colorado’s abortion restrictions may face civil penalties.^[5]See, e.g., COLO. REV. STAT. § 13-22-706.

On November 3, 2020, voters rejected a ballot initiative that would have prohibited abortion after 22 weeks LMP.^[6]End Late Term Abortions in Colorado, CO SEC’Y OF STATE

State Protections

In 2022, Colorado enacted a statutory protection for abortion as a fundamental right.^[7]Colo. Rev. Stat. §§ 25-6-401 to 25-6-406. It states: (1) Every individual has a fundamental right to make decisions about the individual’s reproductive health care, including the fundamental right to use or refuse contraception. (2) A pregnant individual 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. (3) A fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this State.  The state does not restrict the type of health-care practitioner who can provide abortion care. Colorado law includes protections for clinic safety or access by prohibiting obstruction and creating a buffer zone.^[8]Id. § 18-9-122; upheld in Hill v. Colorado, 530 U.S. 703 (2000). On July 6, 2022, the governor of Colorado signed an executive order that 1) prohibits state agencies from cooperating with out-of-state investigations and legal actions that arise from the provision of reproductive health care legal in Colorado unless pursuant to a court order;2) directs the Colorado Department of Regulatory Agencies to work with boards of professional licensure to protect providers from out-of-state sanctions; and 3) confirms that he will exercise discretion to decline requests for the arrest, surrender, or extradition of persons charged with crimes related to reproductive health care.^[9]C.O. Exec. Order, No. D-2022-032 (July 6, 2022)

Post-Roe Prohibitions

Colorado repealed its pre-Roe ban in 2013.^[10]COLO. REV. STAT. §§ 18-6-101 to 18-6-105,12-32-107(3)(m), 12-36-117(1)(b), 25-1-1202(1)(ee), 30-10-606(1)(d) repealed by 2013 Laws, ch. 372, §3, p. 2192.

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Colorado. In 2022, Colorado enacted a statutory protection for abortion as a fundamental right.