The U.S. Supreme Court's 2022 decision to overturn Roe v. Wade directly impacted access to abortion care, but has also had concerning implications for IVF. Even states with stronger protections for reproductive healthcare have felt the ripple effects of this decision, including an increased demand for IVF treatment and legal uncertainty for providers.
In this article:
- What the Overturning of Roe v. Wade Means for IVF
- Wasn't Roe v. Wade just about abortion?
- Will fertility patients in CT or NY be impacted?
- Reproductive Rights in Connecticut
- Reproductive Rights in New York
- Where are my embryos stored? Are they safe?
- Can I transfer my embryos to Illume Fertility?
- What cryopreservation storage options do you recommend?
- Is a miscarriage considered an abortion?
- What does personhood mean?
- How will this affect LGBTQ+ family building?
- Is it a bad idea to grow my family right now?
- Will certain demographics be affected more than others?
- A Note from Our Patient Advocate
- Managing Anxiety & Keeping Perspective
- How to Help Protect Reproductive Rights
In the aftermath of the U.S. Supreme Court's ruling on June 24, 2022, many questions were raised about reproductive rights and the impact of this decision on fertility treatment. As a fertility doctor, I echo these concerns and want to offer some clarity around the topic - particularly for patients in Connecticut and New York.
Making the choice to seek fertility and family-building care is a very personal one, and any fertility journey requires a high level of commitment - physically, emotionally, and financially. If you're feeling disheartened, anxious, upset, or confused about the U.S. Supreme Court's decision to overturn Roe v. Wade (and what it might mean for you), you're not alone.
Let's talk about what we know, what still remains uncertain, and what may come next.
While the original impact of the Supreme Court's ruling centered around abortion, the effects of overturning Roe v. Wade have extended far beyond this one procedure. There are a cascading number of fertility care issues that follow, the effects of which have been felt in various ways.
To demonstrate this, let's imagine a state with a law that severely restricts abortion, even in cases of medical emergencies.
Someone with a life-threatening pregnancy complication, such as preeclampsia or ectopic pregnancy, might find themselves in a situation where their healthcare providers are hesitant to terminate the pregnancy due to fear of legal repercussions. A court can also require additional medical opinions or documentation to justify the procedure, even if the person's life is at immediate risk.
The bottom line: When reproductive rights are restricted, it can create dangerous barriers to accessing essential medical care. 18-year old Nevaeh Crain's story is a heartbreaking example of the real implications of these legislative decisions.
In this video, Dr. Cynthia Murdock discusses the implications of overturning Roe v. Wade.
Thankfully, both Connecticut and New York have strong laws in place that protect reproductive freedom, and these include the use of assisted reproductive technologies like IVF. In short, we don't currently anticipate any direct impact to your rights as a fertility patient in either of these states.
If you are a patient at Illume Fertility, your fertility testing, fertility treatment and fertility preservation options will remain safely in place. We are closely monitoring ongoing developments across the country and staying vigilant and active in the fight for access to fertility and family-building care.
Presently, there is no federal statute or legislation addressing IVF, frozen embryos, storage, or disposition of these samples. We cannot know what the future holds, but it is unlikely there will be any type of federal legislation especially since the SCOTUS has said abortion will be handled by the state governments (and CT and NY already have protections in place).
Should anything change in the future, we will communicate that to you directly, but we do not anticipate any challenges to fertility care or treatment in CT or NY at this time.
In May 2022, Connecticut governor Ned Lamont signed a law expanding access to reproductive healthcare, and the right to choose has been codified into Connecticut state law.
Lamont and other state representatives have reiterated Connecticut's support of and continued protection of reproductive rights. On July 1, 2022, Connecticut officially became a "safe harbor" state, preserving the right to essential fertility care (like abortion) for residents and those traveling from other states.
"I am grateful to live in Connecticut, where our laws make it clear that women have a right to choose," said Governor Lamont. "As long as I am governor, reproductive rights will be protected in Connecticut, and I will do everything in my power to block laws from being passed that restrict those rights."
Abortion has been legal under New York State law since 1970 – three years before the Roe v. Wade decision legalized abortion throughout the country. Because the right to choose is codified into New York State law, federal decisions like the 2022 overturning of Roe v. Wade to limit access to abortion will not impact New York State directly.
However, these protections extend beyond abortion, and the state of New York is actively working to expand access to reproductive healthcare and strengthen the laws that protect reproductive rights.
"I have three messages regarding the persistent assault on women's rights, and a woman's right to determine and make her own decisions about her own body. And they are simple messages: Not here. Not now. Not ever." - Governor Kathy Hochul
On February 16, 2024, the Alabama Supreme Court handed down a decision on LePage v Mobile Infirmary Clinic which ruled that frozen embryos and fertilized eggs are "children" under state law and subject to legislation dealing with the wrongful death of a minor, stating the law "applies to all unborn children, regardless of their location."
The 2022 Dobbs decision from the U.S. Supreme Court directly led to this action, as it allowed each individual state to regulate abortion and there is no federal law or constitutionally recognized right to abortion access.
On March 7, 2024, Alabama Governor Kay Ivey signed SB159 into law, which provided protections for IVF to resume in the state after the Alabama Supreme Court ruling forced fertility clinics to pause IVF treatments.
While many have expressed a sense of relief, this legislation does not address the underlying issue of the status of embryos as part of the IVF process – threatening the long-term standard of care for IVF patients. There is much more work to be done.
We asked our patients what their biggest concerns were in the aftermath of the decision to overturn Roe v. Wade. These were some of the most common questions we received:
Your embryos are safe and sound! Illume Fertility patients' embryos, sperm, and eggs are stored in Connecticut, presently at our Norwalk, CT location. They will continue to be closely monitored by our highly-skilled teams.
The offsite storage biorepository we work with is located in New York. Both states have vowed to protect reproductive autonomy, so there are no anticipated changes to any of our current processes.
When it comes to the medical definition of miscarriage, it is often referred to as a "spontaneous abortion." This terminology can feel incredibly upsetting for many patients experiencing a pregnancy loss.
In the wake of the overturn of Roe v. Wade, trigger laws in some states may challenge whether a person is experiencing a "spontaneous abortion" (miscarriage) or an "induced abortion" (a true abortion), which undoubtedly complicates access to care and vital, life-saving treatment.
There is a lot of grey area when it comes to this topic, but in Connecticut and New York, the ability for patients to access care for either a "spontaneous" or "induced" abortion will not be impacted.
Fertility treatment (both access and oversight) as well as the storage and disposal of frozen embryos, have been linked to many abortion laws throughout the country. These laws, as well as so-called "personhood" laws which look to define "when life begins," often mention IVF or fertility treatments.
Some states like Oklahoma and Arizona have determined that a fertilized egg should be considered the equivalent of a human being, entitling this fertilized egg to the same protections under the law as a person. This has put embryo disposition and discard (among other things) into question in those states.
There has been an increase in proposed personhood laws across the country, most commonly in states that already had trigger laws in place in the event that Roe v. Wade was overturned.
Unfortunately, we cannot accept embryos from non-patients and outside fertility clinics at this time, and are only able to work with Illume Fertility patients. If you have additional questions, please reach out to us.
There are several very reputable long-term storage facilities that can take frozen specimens like Reprotech and California Cryobank, which provide secure options for those looking to transfer their embryos to a safe state for cryopreservation storage.
This is a fair question - and ultimately, what feels right to you is what's best for your family.
However, I can assure you that our physician team anticipates no changes to the excellent fertility and family-building care we're able to provide here at Illume Fertility, and are unwavering in our support of growing families.
If you're ready to learn more about your options or want to ask us questions, our team is ready to help.
This is a big question, with some answers still to be determined.
However, what we can say is that yes, the LGBTQ+ community may be greatly affected by the overturning of Roe v. Wade, especially given their need for assistance growing their families (through surrogacy, IVF, IUI, and other means). It's difficult to say exactly what the impact will be, given the ongoing nature of developing legislation across the United States.
There is also significant (and warranted) concern that other LGBTQ+ rights may affected next. We recommend following organizations such as the Human Rights Campaign and Family Equality for the most up to date information and resources.
Yes, lower-income populations and people of color will be impacted most by these changes. These communities already face barriers to accessing basic health care services, and the overturn of Roe v. Wade will now increase this lack of accessibility to reproductive care.
The inability to take time off from work (or afford) to travel to a state where they can receive the care they need, an already elevated maternal mortality rate for Black women, and secondary effects like an unwanted or unexpected pregnancy affecting job opportunities and higher education are all life-altering.
According to Planned Parenthood, "More than half of Black women, trans and nonbinary people of reproductive age — 54% — live in states that ban abortion. That’s 4.8 million Black women, most living in Southern states where the closest abortion providers are as many as three states and several hundred miles away."
Illume Fertility's Patient Advocate Lisa Rosenthal shares her thoughts:
"The overturning of Roe V. Wade will have monumental effects that will go far past what is being predicted or imagined. As a longtime advocate and volunteer tasked with addressing legislators and legislation and promoting action, I suggest that we consider carefully who our leaders are and acknowledge that there will be new leaders emerging from places and organizations that are unexpected. That leader might be you."
Related: Infertility Advocacy Day: Why It Matters & How to Get InvolvedWant to get involved? Explore the work these organizations are doing, then donate, volunteer, share information with your community, or find other ways to raise your voice for reproductive justice.
Many patients (and staff) here at Illume Fertility are feeling the impact of the overturning of Roe v. Wade on their mental health. I want to validate the emotional response many of us are having - and reassure you that you're not alone in your anger, frustration, anxiety and concern over how this could impact your own family-building and the future of reproductive healthcare as a whole.
During these times, it is even more important to find ways to practice good self-care and stress reduction methods, especially if you're currently in the midst of a fertility journey yourself.
Here are some of the holistic support options we offer through Illume Fertility's Integrated Fertility & Wellness program, plus some additional tips for protecting your peace:
Want to take action? Here are some ways to get involved in the fight for reproductive justice:
Learn more about the overturning of Roe v. Wade, better understand the potential implications of this ruling, and find ways to advocate for reproductive rights by exploring the links below:
Here are some great organizations providing education and opportunities to get involved: