Concerning requiring a health-care provider to discuss information related to adoption with a pregnant person seeking an abortion.
Summary
House Bill 26-1105 would require a health-care provider, or another willing provider at the same facility, to discuss adoption as an alternative pregnancy outcome with a pregnant person who presents for an abortion. The discussion must occur at least 24 hours before the abortion procedure and must cover specified topics, including financial assistance for prenatal, childbirth, and neonatal care; the difference between private adoption and child welfare adoption; the private adoption approval process; the option to designate adoptive parents; confidentiality options; and information about immediate and long-term mental health outcomes for birth parents who choose adoption.
The bill also requires that the information be presented objectively, in plain language, and in a private setting, and it gives the pregnant person an opportunity to ask questions and to decline further discussion after the initial mention of adoption. The bill defines “health-care facility” and “health-care provider” broadly enough to include a range of clinicians and other knowledgeable staff members familiar with adoption processes and local resources. If enacted, it would add a new section to Colorado statutes governing health care and abortion-related counseling.
Impact
The bill would add section 25-3-135 to the Colorado Revised Statutes, creating a new legal duty for health-care providers at licensed or certified facilities when a patient seeks an abortion. It would not ban abortion or change eligibility for abortion care, but it would impose a mandatory counseling/disclosure requirement tied to adoption information and a 24-hour timing rule before the procedure. The measure would affect abortion providers, clinics, and facility staff, and could require facilities to train personnel and develop scripts or referral materials about adoption and related services.
Sentiment
The available legislative history shows limited recorded debate, but the committee action indicates the bill was not advanced and was postponed indefinitely in the House Health & Human Services Committee. That outcome suggests the proposal did not have enough support to move forward in committee. Because there are no recorded votes or transcripts provided, the broader sentiment can only be inferred from the bill’s failure to advance rather than from explicit statements by legislators.
Contention
The central point of contention is likely whether the state should require abortion-seeking patients to receive adoption counseling and related information before a procedure. Supporters would likely view the bill as ensuring informed decision-making and connecting patients with adoption and financial resources, while opponents would likely see it as an abortion-specific mandate that could pressure patients, create delays, and impose additional obligations on providers. The requirement that the discussion be objective and that patients may decline it appears designed to address concerns about coercion, but the mandatory nature of the initial disclosure remains the key issue.