Discuss Adoption Information with Pregnant Persons

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1105 LLS NO. 26-0555.01 Anna Petrini x5497 HOUSE SPONSORSHIP Slaugh and Flanell, SENATE SPONSORSHIP Zamora Wilson, House Committees Senate Committees Health & Human Services A BILL FOR AN ACT CONCERNING REQUIRING A HEALTH-CARE PROVIDER TO DISCUSS INFORMATION RELATED TO ADOPTION WITH A PREGNANT PERSON SEEKING AN ABORTION.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) If a pregnant person presents to a health-care facility requesting an abortion, the bill requires the person's health-care provider, if willing, or another willing health-care provider to discuss, at least 24 hours before the abortion procedure, certain information related to adoption as a pregnancy outcome option, unless the person declines the discussion. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, add 25-3-135 as follows:

25-3-135. Adoption option for pregnant person - definitions.

NOTWITHSTANDING ANY LAW TO THE CONTRARY, IF A PREGNANT PERSON PRESENTS TO A HEALTH-CARE FACILITY REQUESTING AN ABORTION, THE PERSON'S HEALTH-CARE PROVIDER, OR ANOTHER WILLING HEALTH-CARE PROVIDER AT THE HEALTH-CARE FACILITY, SHALL, AT LEAST TWENTY-FOUR HOURS PRIOR TO AN ABORTION PROCEDURE BEING PERFORMED FOR THE PERSON AT THE HEALTH-CARE FACILITY, DISCUSS WITH THE PERSON THE AVAILABILITY OF ADOPTION AS A PREGNANCY OUTCOME OPTION AND THE FOLLOWING INFORMATION ABOUT ADOPTIVE PLACEMENT:

(a) THE AVAILABILITY OF FINANCIAL ASSISTANCE FOR PRENATAL CARE, CHILD BIRTH, AND NEONATAL CARE EXPENSES;

(b) THE DISTINCTION BETWEEN ADOPTION THROUGH THE CHILD WELFARE SYSTEM AND PRIVATE ADOPTION;

(c) A BRIEF OVERVIEW OF THE ASSESSMENT AND APPROVAL PROCESS FOR ADOPTIVE PARENTS IN A PRIVATE ADOPTION;

(d) THE OPTION FOR A BIRTH PARENT TO DESIGNATE SPECIFIC APPLICANTS AS POTENTIAL ADOPTIVE PARENTS;

(e) THE CONFIDENTIALITY OPTIONS AVAILABLE TO VARIOUS PARTIES FOR A RELINQUISHMENT AND SUBSEQUENT ADOPTION OF A CHILD;

AND

(f) A DESCRIPTION OF IMMEDIATE AND LONG-TERM MENTAL HEALTH OUTCOMES FOR BIRTH PARENTS WHO PURSUE ADOPTIVE PLACEMENT AS AN ALTERNATIVE TO AN ABORTION.

(2) (a) THE HEALTH-CARE PROVIDER SHALL PRESENT THE INFORMATION DESCRIBED IN SUBSECTIONS (1)(a) TO (1)(f) OF THIS SECTION TO A PREGNANT PERSON IN AN OBJECTIVE AND UNBIASED MANNER, USING PLAIN LANGUAGE, AND IN A PRIVATE SETTING.

(b) THE HEALTH-CARE PROVIDER SHALL PROVIDE THE PREGNANT PERSON WITH:

(I) AN ADEQUATE OPPORTUNITY TO ASK QUESTIONS AND RECEIVE ANSWERS THAT THE PREGNANT PERSON CAN UNDERSTAND; AND

(II) AN OPPORTUNITY TO DECLINE TO DISCUSS THE INFORMATION DESCRIBED IN SUBSECTIONS (1)(a) TO (1)(f) OF THIS SECTION AT ANY POINT FOLLOWING A HEALTH-CARE PROVIDER'S INITIAL MENTION OF THE AVAILABILITY OF ADOPTION AS A PREGNANCY OUTCOME OPTION.

(3) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "ABORTION" HAS THE MEANING SET FORTH IN SECTION

(b) "HEALTH-CARE FACILITY" MEANS A FACILITY LICENSED OR CERTIFIED BY THE DEPARTMENT PURSUANT TO SECTION 25-1.5-103.

(c) "HEALTH-CARE PROVIDER" MEANS A PHYSICIAN, NURSE PRACTITIONER, REGISTERED NURSE, ADVANCED PRACTICE REGISTERED NURSE, CERTIFIED NURSE MIDWIFE, GENETIC COUNSELOR, PHYSICIAN'S ASSISTANT, SOCIAL WORKER, OR OTHER STAFF MEMBER OF A HEALTH-CARE FACILITY WHO IS KNOWLEDGEABLE ABOUT THE STATE'S ADOPTION PROCESSES AND LOCAL RESOURCES.

SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.