Colorado Bill: Sterilization Rights for Persons with Disabilities

Detected March 5th, 2026

Summary

Colorado Bill HB26-1040 proposes changes to the sterilization rights of individuals with intellectual and developmental disabilities. The bill aims to prohibit sterilization against a person's will, with exceptions for imminent threats to life or health, and repeals existing processes for court-ordered sterilization.

View original document View source feed page

What changed

Colorado Bill HB26-1040, concerning the sterilization rights of persons with intellectual and developmental disabilities, has undergone revisions. The reengrossed version prohibits sterilization of individuals with these disabilities if they have decision-making capacity. Sterilization is only permitted if the individual lacks decision-making capacity due to their disability and it poses an imminent threat to their life or health, requiring consent through existing legal processes for medical decisions.

The bill also repeals provisions related to disagreements on consent capacity, court-ordered sterilization processes for those unable to consent or minors, and confidentiality requirements for sterilization proceedings. This represents a significant shift in the legal framework governing sterilization for this vulnerable population, requiring legal professionals and healthcare providers to understand the new prohibitions and exceptions.

What to do next

Review Colorado Bill HB26-1040 for potential impacts on patient consent and sterilization procedures.
Update internal policies and training for staff involved in medical decision-making for individuals with intellectual and developmental disabilities.
Consult legal counsel regarding compliance with the revised sterilization rights framework.

Source document (simplified)

HB26-1040

Sterilization Rights of Person with Disabilities

| Type | Bill |
| --- | --- |
| Session | 2026 Regular Session |
| Subjects | Health Care & Health Insurance |
Concerning the sterilization rights of a person with intellectual and developmental disabilities.

Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary:

~~The bill requires a person with an intellectual and developmental disability (person) to receive counseling on the long-term impacts of sterilization and the less intrusive means available to prevent pregnancy before the person consents to sterilization. The counseling must take place regardless of whether the person is deemed competent to give consent.~~

The bill prohibits sterilization of a person with an intellectual or developmental disability against the person's will ~~unless maintaining fertility or a pregnancy would~~ if the person has decision-making capacity. The bill prohibits sterilization of a person who does not have decision-making capacity because of the person's intellectual or developmental disability, except in circumstances that pose an imminent threat to the life or health of the person and in accordance with processes in existing law that allow another person with legal authority to make medical decisions for the person to consent on the person's behalf.

~~The bill requires a petition for court-ordered sterilization to include a statement that the person has received counseling on the long-term impacts of sterilization and the less intrusive means available to prevent pregnancy.~~

~~If a person expresses a desire to the court to maintain fertility and does not want to undergo sterilization, the bill prohibits a court from ordering sterilization unless sterilization is necessary to preserve the life or health of the person.~~

The bill repeals provisions that:

Explain what happens when there is a disagreement about whether an adult with an intellectual or developmental disability is capable of consenting to sterilization;
Set forth a process for a person to petition a court for, and a court to order, sterilization of a person with an intellectual or developmental disability who either cannot consent or is a minor; and
Requires all records, hearings, and proceedings related to a decision to sterilize a person with an intellectual or developmental disability to remain confidential. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Prime Sponsors

Representative

Meg Froelich
Senator

Lisa Cutter

Committees

House

Health & Human Services

Senate

Health & Human Services

If you require reasonable accessibility accommodation to access this content, please email accessibility@coleg.gov.

Status

Under Consideration

Introduced

Under Consideration

Upcoming Schedule

1 meeting

Wed

Mar 4

Senate Health & Human Services

Upon Adjournment Old Supreme Court

Related Documents & Information

| Date | Version | Documents |
| --- | --- | --- |
| 02/10/2026 | Reengrossed | PDF |
| 02/09/2026 | Engrossed | PDF |
| 01/14/2026 | Introduced | PDF |

| Date | Version | Documents |
| --- | --- | --- |
| 02/05/2026 | PA1 | PDF |

| Date | Version | Documents |
| --- | --- | --- |
| 02/13/2026 | FN2 | PDF |
| 01/27/2026 | FN1 | PDF |

| Activity | Vote | Documents |
| --- | --- | --- |
| Refer House Bill 26-1040, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. | The motion passed on a vote of 9-0. | Vote summary |

| Activity | Vote | Documents |
| --- | --- | --- |
| Adopt amendment L.002 (Attachment D). | The motion passed without objection. | Vote summary |
| Adopt amendment L.001 (Attachment C). | The motion passed on a vote of 7-5. | Vote summary |
| Refer House Bill 26-1040, as amended, to the Committee of the Whole. | The motion passed on a vote of 12-1. | Vote summary |
Hearing Summary | Committee Report: PDF
| Date | Calendar | Motion | Vote | Vote Document |
| --- | --- | --- | --- | --- |
| 02/10/2026 | Third Reading | BILL | 65 AYE 0 NO 0 OTHER | Vote record |

| Date | Amendment Number | Committee/ Floor Hearing | Status | Documents |
| --- | --- | --- | --- | --- |
| 03/04/2026 | L.006 | SEN Health & Human Services | Passed [] | PDF |
| 02/09/2026 | L.004 | Second Reading | Passed [] | PDF |
| 02/09/2026 | L.003 | Second Reading | Passed [] | PDF |
| 02/04/2026 | L.001 | HOU Health & Human Services | Passed [] | PDF |
| 02/04/2026 | L.002 | HOU Health & Human Services | Passed [*] | PDF |
* Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate.

** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Refer to the House or Senate Journal for additional information.

| Date | Location | Action |
| --- | --- | --- |
| 03/04/2026 | Senate | Senate Committee on Health & Human Services Refer Amended - Consent Calendar to Senate Committee of the Whole |
| 02/12/2026 | Senate | Introduced In Senate - Assigned to Health & Human Services |
| 02/10/2026 | House | House Third Reading Passed - No Amendments |
| 02/09/2026 | House | House Second Reading Special Order - Passed with Amendments - Committee, Floor |
| 02/04/2026 | House | House Committee on Health & Human Services Refer Amended to House Committee of the Whole |
| 01/14/2026 | House | Introduced In House - Assigned to Health & Human Services |
Prime Sponsor

Rep. M. Froelich

Sen. L. Cutter

Sponsor

(None) Co-Sponsor