Colorado OB/GYN Sues to Strike Down Parental Notification Law for Abortion

Dr. Rebecca Cohen challenges a decades-old requirement she says violates constitutional protections and endangers young people seeking care

A Colorado OB/GYN has filed a lawsuit seeking to overturn the state’s parental notification law for abortion, arguing that it places dangerous and unconstitutional burdens on young people, particularly those traveling from states where abortion is banned.

Dr. Rebecca Cohen, who provides abortion care at a clinic in Denver, is the lead plaintiff in the case filed this week in Denver District Court. Her suit challenges Colorado’s statutory requirement that providers notify a parent or guardian at least 48 hours before performing an abortion on a minor. The law applies to all minors receiving care in Colorado, regardless of their state of residence.

“Young people already face so many challenges,” Cohen said. “They often recognize that they're pregnant later. They feel more stigma, more shame, or more concern. And sharing that information, they may have a harder time getting identification, getting money.

“So to add on top of all of that that you have to tell somebody that you wouldn't otherwise tell again a parent or guardian who may disapprove, is an equity issue.”

While often framed as a way to keep parents informed, Cohen contends the law is out of step with Colorado’s protections and with the reality of adolescent healthcare. She argues that the statute undermines medical care, causes harmful delays, and forces minors into courtrooms through a process known as judicial bypass. This emotionally taxing experience, she says, deters some from getting care at all.

Cohen’s legal team, which includes attorneys from Morrison Foerster, argues that the parental notification law violates the new constitutional amendment passed by Colorado voters in 2024. That amendment enshrines the right to abortion in the state’s constitution and prohibits the government from denying, impeding, or discriminating against those exercising that right. The complaint also argues that the law violates the state’s Equal Rights Amendment and Due Process Clause.

In an interview with Repro Rights Now, Cohen said that for many young people—especially those already facing stigma, financial strain, or unsafe family dynamics—the law creates an insurmountable barrier. She pointed to examples where young patients had to travel out of state to avoid parental notice, or navigate the court system to obtain permission from a judge, a process that added weeks of delay and compounded emotional trauma.

“(You’re) telling people that they don't have the right or the appropriate decision-making skills or the capacity to make these decisions about their own lives,” Cohen said. “But at the same time, you're asking them to go through this incredibly complex, burdensome, onerous process to prove that they deserve those rights.”

Cohen emphasized that young people often recognize a pregnancy later than adults and are more vulnerable to harm from delays. She noted that judicial bypass proceedings can retraumatize teens by forcing them to retell personal stories to judges or lawyers they don’t know—individuals who may not understand their circumstances or best interests.

Colorado law allows minors to make most reproductive health decisions—including contraception and carrying a pregnancy to term—without parental involvement. But abortion remains the exception. Cohen described this inconsistency as both inequitable and dangerous, especially given the health risks associated with pregnancy and childbirth in the U.S., which far exceed those associated with abortion.

In the wake of the U.S. Supreme Court’s 2022 Dobbs decision, Colorado has become a destination for abortion care, particularly for patients from states enforcing near-total bans. Dr. Cohen noted that minors from states like Texas and South Dakota must now not only travel long distances but also navigate additional legal hurdles if they are under 18. For some, that may mean risking exposure to unsupportive or abusive family members, or giving up on abortion care altogether.

Cohen said the law compromises the confidentiality critical to adolescent care, eroding trust between young patients and providers.

If the lawsuit succeeds, Colorado would join a small group of states where minors can access abortion without parental involvement. Cohen said such a shift would affirm the principle that young people are capable of making thoughtful, informed decisions about their health.

“So these laws theoretically make sense, but what we really see in the real world is that having an abortion is not a decision that a young person makes lightly,” Cohen said. “It is well considered. It's in discussion with a health care provider.

“It is often with the support of a parent, but the young person is the one who knows whether involving a parent is what's actually best for them.”