On Friday, June 24, 2022, the U.S. Supreme Court issued a landmark decision that will devastate access to safe and effective abortion procedures. This means other reproductive rights, such as contraception and access to fertility treatment, are also in jeopardy for millions of Americans.
Dobbs v. Jackson Woman’s Health Organization came before the Supreme Court to challenge abortion rights, limiting them to 15 weeks gestation. A 6-3 majority decision by the Supreme Court went even further to overturn a long-standing ruling, Roe v. Wade, allowing access to abortion throughout the United States. Overturning Roe allows states to rule on their own abortion access laws. Many states have now severely restricted or banned abortion access without exception. Unfortunately, this ruling can have other effects on reproductive rights. Presently, there are no laws in any state that ban Assisted Reproductive Technology, however, there are bills pending in certain states that will change or include the definition of legal “personhood” as life beginning at time of conception.
Most American’s are in favor of IVF. State abortion laws may include IVF exemptions but may also include language that impacts Assisted Reproductive Technology. Procedures that are routinely offered as part of IVF such as; genetically testing embryos (PGT-A, PGT-M, PGT-SR), discarding embryos or cryo-preservating embryos, may all be impacted even though IVF is presently legal. The new abortion restriction laws have created confusion and fear of prosecution among not only the general population but also medical providers. As a result, access to much needed medical care will be restricted. The ambiguous language in some of these proposed bills and present laws may also lead to confusion regarding the legality of certain IVF procedures.
Many patients undergoing IVF have questions concerning the future of IVF and related issues such as embryo donation. Unfortunately, most of these questions remain unanswered. Individuals and couples are now deciding in which state they want to proceed with IVF and where their embryos will remain cryo-preserved. Some are contemplating shipping their embryos to states that have Women’s Health Protective laws in place. These drastic decisions should be researched thoroughly given the differences in state laws and the potential for these laws to change. There are associated risks when transferring embryos to other IVF facilities or to designated cryopreservation storage companies. Additional considerations include the cost of transporting frozen embryos and expenses incurred when traveling and utilizing an out of state clinic. It is recommended that patients should consult their reproductive endocrinologist prior to transferring their frozen embryos/eggs to another IVF facility or storage company.
The American Society for Reproductive Medicine (ASRM) along with other organizations such as Resolve, the American College of Obstetrics and Gynecology, the Society for Maternal Fetal Medicine, and the Center for Reproductive Rights, are advocating for maintaining reproductive autonomy and protecting the private patient/provider relationship. These societies are keeping a close eye on current and pending legislation that can affect reproductive rights. They are asking that everyone with concerns about these issues contact their state legislators and make their voices heard (https://leg.colorado.gov/find-my-legislator). ASRM’s website (www.ASRM.org) has a designated area addressing the above issues and publish frequent updates as they become available. Colorado Fertility Advocates will be discussing new legislation that can affect reproductive rights in an upcoming in-person seminar scheduled for Oct. 2022. Please visit our website for more information and to register for this event (www.Coloradofertilityadvocates.org).
