Couples dealing with infertility are questioning whether IVF and other assisted reproductive technologies will continue to be legal and available if Roe is overturned. Via The19thNews
be reversed, “nothing will change for infertility clinics for the most part the morning after.” The bigger issue, he said, was the long-term fallout. “What is happening is that for 50 years, there has been a constitutional right to privacy and now that right is going away. States can pass laws banning or restricting reproductive medical procedures.
“Even before these seismic changes for reproductive rights, it was a pretty scary landscape in a lot of ways for people in the ART and IVF space who had a legal issue they wanted to see addressed,” Sharp said.would make differences only more stark, regardless of lawmakers’ intentions. “I think there will be direct implications for the full spectrum of reproductive rights if these rights are sent back to the states to decide. I think there is no doubt that people need to be concerned.
She adds that one of the elements adding a sense of urgency to the future of IVF is the speed at which laws are moving through state legislatures and litigation is moving through the court system. “In the old days, one of the comforts of the rule of law is that it moved at a glacial place. With the shadow docket of the Supreme Court and states laws like what we’re seeing in Oklahoma and Mississippi being jammed through, change can happen a whole lot faster.
Madeira explained that right now, a number of rights tied to autonomy and privacy let individuals determine what happens to their embryos, whether they are fresh or frozen. The trigger laws designed to immediately outlaw abortion could also halt those same protections.
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