While most states are still determining how they would want to address abortion due to the overturning of Roe vs. Wade, concerns from experts arise as the language and definition of the new laws might have unintended consequences for fertility treatments such as In Vitro Fertilization (IVF).
Individual states are now given legal authority over abortion. They can either restrict it or ban it altogether. Along with the questions raised about access to abortion are the concerns about reproductive healthcare. How the new law would define when life begins, either at fertilization or implantation, could greatly impact fertility treatments.
According to VeryWell Family, one in eight couples dealing with infertility in the United States relies on IVF and other assisted reproductive technologies (ART) to build and grow their families.
Stephanie Levich, a fertility expert and founder of Family Match Consulting and a proud IVF patient, expressed grave concern, saying that couples who strongly desire and hope to become parents should have the right to choose, without interference, how to build and grow their families. While everything is yet to be hypothetical, the legal possibilities are truly terrifying, Levich implied.
How is IVF at risk?
IVF is one and perhaps the most effective form of ART.
In simple terms, it is a procedure that involves fertilizing a human egg outside the uterus, intending to transfer a healthy embryo into a woman's uterus to get pregnant. Mature eggs from ovaries are retrieved and fertilized by sperm in a culture medium in a laboratory.
According to the Centers for Disease Control and Prevention, an average of two out of every 100 children born in the nation are conceived through IVF, with more than three hundred thousand ART cycles performed in 2020 alone.
Susan L. Crockin, JD, an attorney with Crockin Law & Policy Group and senior scholar and adjunct professor at the O'Neill Institute for National and Global Health Law, Georgetown Law Center, wrote a paper for the American Society for Reproductive Medicine (ASRM) stating that if the state laws do not exempt IVF or embryos, there will be a potential multi-faceted impact on providers and patients.
"Not only could storage and disposition choices be questioned or limited, but discarding embryos could be disallowed. Even "compassionate transfers which involve transferring embryos to the uterus during a non-fertile time without an expectation or goal of achieving a pregnancy, could be considered a violation of the law," Crockin stressed.
She further concluded that this makes IVF patients alarmed and concerned. Many are moving or considering moving their embryos to avoid future restrictions and any uncertainties.
Other potential consequences
How embryos are stored, maintained, or discarded can be another potential complication. There is a possibility that patients and clinics need to pay for the long-term storage of embryos, especially if discarding embryos will be considered abortion.
Crockin explained that she had not seen any definition of abortion in that way. However, "if life is stated to begin at fertilization in either an abortion statute or a so-called personhood law, there could be significant limits to the use and disposition of embryos."
Dr. Brooke Rossi, an OB/GYN, reproductive endocrinologist and expert in infertility with Ohio Reproductive Medicine, on the other hand, is particularly concerned about the limited access to IVF. What happens to the people who do not have the resources to move or travel to another state? IVF is expensive, and some people can only afford to make one attempt.
In addition, the potential limitations or restrictions on an already costly and stressful process can increase the physical and emotional toll of egg extraction, implantation, and other parts of the IVF process couples and individuals endure.
Others are concerned about whether IVF can be a target of the anti-abortion groups because this will add to the stress. However, research states that many people do not view abortion and IVF the same way. A diverse cross-section of the U.S. population has high support for the procedure, according to a 2020 Collaborative Multi-Racial Post-Election Survey.
Ultimately, the potential impact on IVF and other fertility treatments will come down to the state where the person lives and how the laws apply to eggs fertilized during IVF. Thus, experts are encouraging patients who are using or have used IVF to urgently contact their state representatives and share their stories.
Related Article: In Vitro Fertilization Success Rate Explained: Does IVF Really Give False Hope to Parents?
