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July 1, 2022Approximately two out of every 100 children born in the United States are here because of IVF. Now that Roe v. Wade has been overturned, the future of this reproductive assistance option could be in jeopardy. Because IVF creates a fertilized egg outside the body, the recent ruling may apply to people trying to get pregnant through this method. Doctors and academics both say there is a lot of uncertainty about how states will handle IVF, and how current state abortion laws will be interpreted.
The fertility process was relatively safe from any government intervention under Roe, but now that will no longer be the case. The lack of clarity may mean that doctors simply avoid offering any IVF treatments, because they aren’t completely sure how the laws may affect the embryos they’re creating. Growing a family could become more difficult, and the rights that may be bestowed on embryos could muddy the waters even further.
Several stages of fertility treatments could be at risk for state government interference. Some states have laws that give embryos legal status as unborn children from the moment they are fertilized. In these states, that could mean that embryos not used in IVF treatment couldn’t be destroyed. But what would happen to them remains uncertain. Because of the risks and potential misunderstandings, doctors may simply shut down their IVF practices and other fertility treatment options.
Couples and single people who want to have children and need reproductive assistance technology may not be able to grow their families. The lack of IVF could also be a problem for same-sex couples who want children, because they wouldn’t be able to get access to embryos. With so many concerning issues surrounding this change in US law, what will ultimately happen to IVF may take some time to determine.
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