Colorado Abortion Laws 2027: What You Need to Know

Colorado has no gestational limit on abortion, and the right is written into the state constitution. Voters approved Amendment 79 in 2024, and it took effect December 17, 2024. The one notice rule that still applies is for minors: a parent must receive written notice 48 hours before an abortion, unless an exception or a court order applies.

Colorado also pays for abortion through Medicaid, shields patients and providers from out-of-state investigations, and requires emergency departments to treat. A lawsuit filed in 2025 is testing whether the minors’ notice rule survives Amendment 79.

What Colorado Law Says About Abortion

Amendment 79: The Constitutional Right

Amendment 79 added Article II, Section 32 to the Colorado Constitution. It says the right to abortion is recognized and that government shall not deny, impede, or discriminate against the exercise of that right, including by prohibiting health insurance coverage for abortion.

The amendment needed 55 percent to pass and received about 62 percent. It also repealed Article V, Section 50, a 1984 provision that had barred public funds from paying for abortion.

The Statute Behind It: HB22-1279

Two years before the amendment, the legislature passed the Reproductive Health Equity Act (HB22-1279), signed April 4, 2022. It declares that every individual has a fundamental right to use or refuse contraception and that every pregnant individual has a fundamental right to continue a pregnancy or have an abortion.

The act also says a fertilized egg, embryo, or fetus has no independent or derivative rights under Colorado law. State and local governments cannot restrict these rights or punish a person for acting, or not acting, during their own pregnancy.

No Time Limit, Waiting Period, or Counseling Script for Adults

No Colorado statute sets a gestational cutoff, a waiting period, or a mandatory counseling script for adult patients. The decision is between the patient and a licensed provider.

The only notice law in the abortion context applies to minors, covered next.

Paper-cut style illustration of a capitol dome representing Colorado's constitutional abortion protection

Parental Notification for Minors

Colorado’s Parental Notification Act, C.R.S. §§ 13-22-701 to 13-22-708, bars an abortion on an unemancipated minor until at least 48 hours after written notice reaches a parent. It requires notice, not permission. A parent cannot veto the decision under this law.

How the 48 Hours Work

Under § 13-22-704, the notice goes to the parent’s home or usual place of abode. It can be delivered by the physician or a staff member over 18, a sheriff or deputy, a clergy member over 18, or another adult over 18 who is not related to the minor.

Anyone other than the physician must deliver it in a sealed envelope marked “Personal and Confidential.” The notice can also go by certified mail with return receipt and delivery restricted to the addressee.

For mailed notice, delivery is presumed at noon on the next day regular mail is delivered, and the 48 hours start then. Say a clinic mails notice on Monday and mail runs Tuesday. The clock starts Tuesday at noon, so the earliest the abortion can happen is Thursday at noon.

Which Parent, and What About Relatives

If the parents live together, delivery to one counts as delivery to both. If they live apart and both can be served, notice goes to both unless the minor asks that only one be notified. The physician must record that request and must tell the minor about the right to ask.

If the minor lives with a relative who is not a parent, notice can go to that relative or to a parent.

Exceptions to the Notice Rule

Section 13-22-705 lists five situations where no notice is required.

Exception	What must happen	Section
Parent already notified	The person entitled to notice certifies in writing that they were told	705(1)(a)
Relative already notified	The relative the minor chose certifies in writing	705(1)(b)
Abuse or neglect	The minor declares abuse or neglect by the person entitled to notice, and the physician reports it as the Child Protection Act requires	705(1)(c)
Medical emergency	The physician certifies in the record that an emergency exists and there is no time for notice	705(1)(d)
Court order	A judge dispenses with notice through judicial bypass	705(1)(e)

The Act applies only to unemancipated minors. The five exceptions do not mention emancipation, and the notice sections give no checklist for it. A clinic or a lawyer is the place to confirm whether you qualify.

Judicial Bypass: Skipping Notice With a Court Order

A minor who does not want a parent notified can petition a district court or the Denver Juvenile Court. Under § 13-22-707, the judge must excuse notice if it would not be in the minor’s best interest, or if the minor shows by clear and convincing evidence that she is mature enough to decide.

The case is confidential and must be decided within four days of filing. If the judge denies the petition, an expedited appeal to the Court of Appeals must be decided within five days. There is no filing fee, and a court that misses its deadline must issue an order dispensing with notice.

The Colorado Judicial Branch publishes a petition form, JDF 11, for this purpose.

Timeline graphic showing notice delivered, a 48-hour wait, then care, with a judicial bypass track decided within 4 days

The Lawsuit Challenging the Notice Law

In July 2025, Denver physician Rebecca Cohen sued the Governor, the Colorado Medical Board, and the State of Colorado, arguing the notice law violates Amendment 79. She provides abortion care to minors and says the 48-hour rule and the bypass process delay care.

On August 17, 2026, Denver District Judge Ian Kellogg ruled on the state’s motion to dismiss in Cohen v. Polis, No. 2025CV32424. He let the Amendment 79 claim go forward and dismissed two other claims, based on equal protection and the state Equal Rights Amendment.

The reasoning turns on a comparison. Colorado law, C.R.S. § 13-22-103.5, lets a pregnant minor authorize prenatal, delivery, and post-delivery care without parental consent or notice. The judge found it plausible that requiring notice only for abortion discriminates against the exercise of the abortion right.

The order does not hold the notice law unconstitutional, and it does not decide how broadly Amendment 79 applies. To win a facial challenge, Cohen must show the law is invalid in all its applications. The notice requirement stays in force while the case continues.

One open question is what follows if the law falls. The state argued that minors would then fall under the general rule requiring parental consent for medical care. The judge called that outcome far from clear and left it for later.

Penalties: Who Can Be Penalized

Patients face no penalty for having an abortion in Colorado. HB22-1279 bars state and local governments from punishing a person for acting or not acting during their own pregnancy.

For providers, the notice law carries two consequences. A person who performs or attempts an abortion in willful violation of the Act is liable for damages the violation proximately caused, under § 13-22-706. Defenses include reasonable reliance on the minor’s truthful statements and an abortion needed to prevent the minor’s imminent death with no time for notice. Parental involvement rules vary from state to state, so families near a state line may also want to review Kansas abortion laws.

The Act also makes it a class 5 felony to counsel or persuade a pregnant minor to give a physician false information about her age, marital status, or other facts to avoid notice. Sentencing falls under § 18-1.3-401.

Insurance and Public Coverage

Coverage depends on the type of plan. Two laws do most of the work: SB23-189 for private plans and SB25-183 for public coverage.

Coverage type	What the law provides	Start
Large-employer plans	Total cost of abortion care with no deductible, copay, or coinsurance (SB23-189)	Plans issued or renewed on or after Jan. 1, 2025
Individual and small-group plans	Same coverage, but only if federal HHS confirms the state need not cover the cost (SB23-189)	Depends on that confirmation
Medicaid and Children’s Basic Health Plan	Abortion care added to covered services (SB25-183)	Jan. 1, 2026
State and local public employees	1984 ban on public funds repealed by Amendment 79	Dec. 17, 2024

High-deductible health plans are covered by SB23-189 only after the deductible is met, unless federal law allows otherwise. Employers can opt out if coverage conflicts with their sincerely held religious beliefs.

SB25-183, signed April 24, 2025, took effect January 1, 2026. It expands “family-planning-related services” in Medicaid to include abortion care and adds abortion care to the schedule of services for pregnant people in the Children’s Basic Health Plan. The legislature appropriated $2,928,800 from the General Fund for those services.

Comparison chart of start dates for abortion coverage: large employer plans January 1, 2025 and Medicaid January 1, 2026

Shield Laws and Out-of-State Patients

Colorado’s shield laws limit how far another state’s investigation can reach into Colorado. The first package came in 2023 with SB23-188, which covers patients, providers, and people who help someone get care that is legal in Colorado. People comparing options in the region can also check Nebraska abortion laws before making plans.

SB25-129, signed April 24, 2025, strengthened it in several ways:

Anyone requesting a subpoena tied to legally protected health care must affirm under penalty of perjury that it is not for an out-of-state liability case.
Colorado residents and businesses generally cannot respond to out-of-state inquiries about someone’s protected care.
A person sued out of state for protected care gets a private right of action in Colorado district court, and the attorney general can enforce the law.
Mifepristone and misoprostol labels can carry the practice’s name instead of the prescriber’s.
The state registrar cannot collect or publish reports of induced terminations of pregnancy.
Out-of-state telehealth providers serving Colorado patients are covered by the shield.

These laws control what Colorado courts, agencies, and businesses will do. They cannot stop another state from enforcing its own law against a person who later returns there, and that risk is real for travelers from states with bans.

Illustration of a shield deflecting arrows to represent Colorado's shield laws

Emergency Care and Other Protections

Emergency Departments Must Treat

SB25-130, signed May 14, 2025 and effective on signature, requires hospitals and emergency departments to provide emergency medical services to any patient who presents. It bars them from asking about ability to pay before services are rendered, and it limits transfers and discharges of patients with an emergency medical condition.

Each emergency department must have a protocol so that a willing provider is available at all times. Individual providers with sincerely held religious beliefs are not required to provide the services.

Pregnancy Centers and “Abortion Reversal”

SB23-190 makes it a deceptive trade practice to advertise abortion or emergency contraception services that are not actually provided. It also treats prescribing or offering “abortion reversal” medication as unprofessional conduct.

College Health Centers

HB26-1335, passed in May 2026, requires colleges and universities that run a student health center to provide access to abortion medication on and after August 1, 2027. Institutions whose bona fide religious beliefs conflict with the requirement are exempt.

How to Get Care in Colorado

Choose a licensed provider. Clinics operate across the state, and Colorado law protects telehealth providers, though availability of any one service depends on the provider.
Ask about cost before the visit. Health First Colorado (Medicaid) covers abortion care starting January 1, 2026, and many large-employer plans cover it with no cost sharing.
If you are under 18, ask the clinic how it handles notice and whether you may name one parent or a relative you live with.
If notice is unsafe, ask the clinic or a legal aid office about JDF 11 and filing for judicial bypass. The court must rule within four days.

Frequently Asked Questions

Is abortion legal in Colorado at any stage of pregnancy?

Yes. No Colorado statute sets a gestational limit, and Article II, Section 32 of the constitution protects the right. The decision is made between the patient and a licensed provider.

Do minors need a parent’s permission?

No, but a parent must receive written notice at least 48 hours beforehand. Exceptions include abuse or neglect, a medical emergency, a parent’s written certification, and a judicial bypass order.

Has a court struck down the parental notification law?

No. On August 17, 2026, a Denver judge let an Amendment 79 challenge proceed and dismissed two other claims. The judge did not rule the law unconstitutional, and it remains enforceable.

Does insurance cover abortion in Colorado?

Often, yes. Large-employer plans issued or renewed on or after January 1, 2025 must cover it without cost sharing, and Medicaid has covered it since January 1, 2026. Individual and small-group plans depend on a federal confirmation, and religiously objecting employers can opt out.

Can someone from another state get an abortion in Colorado?

Yes. Colorado’s shield laws block its courts, agencies, and businesses from helping out-of-state investigations. They do not stop the patient’s home state from applying its own law.

Can I get abortion medication through telehealth?

Colorado law protects telehealth providers, including out-of-state providers who serve Colorado patients. Whether a given provider offers medication abortion by telehealth, and to whom, is up to that provider.