How does overturning Roe affect IVF? Fertility experts sound alarm over Supreme Court decision

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There are multiple stages of the fertility process that -- without the Supreme Court's legal protections for abortion rights -- could be vulnerable to government interference, experts say.

that would criminalize abortion in the state and grant constitutional rights to"all unborn children from the moment of fertilization." Notably, that bill would remove language in current Louisiana law that refers to the"implantation" of the fertilized egg before it is considered a person.

That creation of multiple embryos is where IVF clinics see potential legal trouble on the horizon. If a state defines an unborn child as existing at the moment of fertilization, clinics could violate the law by discarding chromosomally abnormal embryos or by terminating a pregnancy where multiple embryos have been implanted.

"There's always extra embryos," Mohapatra said."You don't know if it's going to take on the first cycle." The Midwestern doctor who regularly sees patients battling infertility says the office phone has been ringing off the hook with people concerned about what a post-Roe world would mean for their reproductive journeys.

"All it takes in any event is a rogue prosecutor who wants to be aggressive in his or her interpretation of the law, and that could certainly create issues for those seeking IVF," Kim Clark, senior attorney for Reproductive Rights, Health and Justice at the progressive advocacy organization Legal Voice.

One thing is clear, however. Now that Roe is overturned, an array of measures targeting IVF could"much more easily move forward," according to Judith Daar, the dean at Northern Kentucky University-Salmon P. Chase College of Law, who formerly chaired the ethics committee for the American Society for Reproductive Medicine.

 

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