The Supreme Court’s potential overturning of Roe v. Wade won’t just affect women seeking abortion. It may also affect anyone trying to start or grow their family through IVF. Right now, IVF has protection because the fertilized embryos aren’t considered people, and don’t have rights under the law. However, if Roe is overturned, it will be up to individual states to decide what “personhood” means.
In Louisiana, for example, there is already a draft of a bill that seeks to give rights to all “unborn children” from the moment of fertilization. That would include all embryos created during the IVF process, which means none of those embryos could be destroyed. That opens up serious issues for IVF clinics, and may even shut them down in states that have highly restrictive laws.
Anyone working with IVF to grow their family may suddenly not have that option anymore, since laws like the one proposed in Louisiana would effectively make IVF illegal there. While some couples may travel to other states for their treatments, others who can’t afford that option could be left with nothing. Even if they’ve already had rounds of IVF in the past, or are in the midst of the process, they would be shut out from growing their family any further.
Right now, no official decision has been made on Roe, but it’s expected to be overturned. That opens up the issue for every state to decide what it wants to do, and many of them will create laws making embryos “people.” If that happens, IVF clinics could shut down, and many people’s dreams of having a family will be shut down, as well. The official Supreme Court ruling on Roe is expected in June, and what happens to IVF after that remains to be seen.
If you have any questions about in vitro fertilization or you are ready to begin the IVF process, please contact us. We are happy to guide you on the path to parenthood