Fresno, California 2022-06-24 12:12:32 –
The court ruled 5-4 opinion Written by Judge Samuel Alito, who called Roe “terribly wrong from the beginning.”
Experts say it could open up a state legal territory that interferes with the fertilization process known as in vitro fertilization, where sperm fertilize an egg in vitro.
In an interview with CNN, doctors working in the field of fertility and scholars studying the legal situation around them see how the abortion law already in the book is interpreted, and lawmakers and local prosecutors. There is significant uncertainty about how officials are interpreted, freeing them from the precedents that have effectively protected the fertility process from government intervention and trying to push the boundaries. It is feared that the lack of clarity will affect the treatments doctors are willing to offer to IVF patients and the decisions people must make about how to pursue family growth.
Anxiety Earthquake early warning Sent a few hours later from the American Society for Reproductive Medicine The leaked draft opinion has been published In May, he warned that “measures designed to limit abortion could also reduce access to family-building treatments that infertility patients rely on to build their families.”
Related item: Women’s Choices After Roe v. Wade Overturned
Without the Supreme Court’s legal protection against the right to abortion, the fertility process has multiple stages and may be vulnerable to government intervention, a law professor at SMU Dedman School of Law. And said Sima Moha Patra, who specializes in fertility support.
“Because of the lack of protection in the Roe v. Wade case and the planned parent-child relationship v. Casey case, in reality, we may not be able to give birth to this coveted child who has paid all this money. There are these practical effects, not, through this physical process to have, “she said.
According to the report, about two out of every 100 children born in the United States are pregnant by in vitro fertilization. data Published by the US Centers for Disease Control and Prevention.
“We are now hanging in the wind,” a Midwestern reproductive endocrinologist told CNN about the looming uncertainty. Doctors spoke on anonymous terms due to the sensitive nature of their practice and the uncertain future of procedures such as in vitro fertilization in their state.
The focus of concern is how anti-abortion states trigger the law. Tennessee, Arkansas When KentuckyAlready at the moment of fertilization, the fetus is defined as a fetus-a stance that legislators may provide a starting point for interfering with the IVF process.
“The state has already taken the freedom to have these vast definitions. They couldn’t really force them as they wanted because Law and Casey were in the way,” the Ratgers Act. The school’s dean and Professor Kimberly McCharson said in reference to 1973 and set a precedent for the Supreme Court’s abortion in 1992.
“Overthrowing Law is effectively the Supreme Court, saying,” Do what you want to do, “Matcherson said.
“And it’s a pretty wild place,” she said.
In Louisiana, lawmakers are already heading in a bold direction.Congressman advanced invoice It would criminalize abortion in the state and “give all fetuses constitutional rights from the moment of fertilization.” In particular, the bill removes the wording of current Louisiana law that refers to the “implantation” of fertilized eggs before being considered human.
“A bill like the one proposed in Louisiana would ban in vitro fertilization in that state, which is what we are very worried about,” Dr. Natalie Crawford of FORA Fertility in Austin, Texas, told CNN. rice field. “I don’t think people understand the implications of some of these bills.”
“It’s a conceptual process, not a moment.”
When an individual or couple goes through the IVF process, the work begins in the laboratory. There, the sperm fertilize the egg after a few weeks of preparation. The goal is ultimately to transplant a healthy embryo into the human uterus. But first, the embryo needs to grow to the blastocyst stage. This usually occurs 5-7 days after fertilization.
“It’s the process of conception,” said a Midwestern doctor. “Not a moment”
In vitro fertilization clinics typically use two genetic materials to create multiple embryos. This is because we do not know which will grow to the right stage and which will succeed in pregnancy.
“In general, the goal is to make as many embryos as possible,” the doctor explained. “It’s because, on average, half of all embryos have chromosomal abnormalities.” These abnormalities can cause symptoms such as Down’s syndrome and trisomy 18, or prevent embryos from developing a healthy pregnancy. There is sex. Clinics and / or clients usually choose to dispose of them rather than port them.
Details: Political history of the Supreme Court’s abortion case
The creation of multiple embryos is where IVF clinics see potential legal issues on the horizon. If a state defines the presence of a fetus at the moment of fertilization, the clinic may violate the law by discarding embryos with chromosomal abnormalities or by aborting a pregnancy with multiple embryos transplanted.
“Because the IVF cycle is not very likely to succeed, doctors often transplant multiple embryos to maximize the probability that at least one pregnancy will mature,” said the abortion problem. Said Mary Ziegler, a professor of law at Harvard, who writes extensively about. “Sometimes some of those pregnancies end in order to maximize the chances of the pregnancy reaching maturity. Many people in the anti-abortion movement see it and say it is an abortion.”
Individuals undergoing in vitro fertilization may also choose to freeze unused embryos for later use or for backup in the event of a final failure of pregnancy.
“There are always extra embryos,” Mohapatra said. “I don’t know if it will take the first cycle.”
Crawford posted a long thread on Twitter, highlighting how restrictive abortion methods in some states are harmful to in vitro fertilization, “fertilizing eggs, freezing embryos, and embryos. Test and transfer / discard embryos … essential for safe and accessible “effective IVF care. “I’m worried that when Law overthrows, the state will determine their position on this issue individually,” Crawford went on to say, “If life legally begins with fertilization, we. Is limited to the above techniques. “
“What do I tell these patients?”
There are no clear signs at this time whether individual legislatures will extend the abortion ban and explicitly apply it to the IVF process. However, ambiguities about how future abortion bans will be interpreted scrutinize what is possible for people in the field, especially in legal circumstances where individual prosecutors can make enforcement decisions. I’m forced to do that.
“If I were in an in vitro fertilization clinic, I wasted a lot of time on the debate,” What does this mean? What do we have to do? How do we protect our patients? ” Will do. “Bioethicist and lawyer Katie Watson, an associate professor at Northwestern University’s School of Medicine at Fineberg, asked.” Therefore, even if the legislature did not intend, atrophy effects and restrictions on wise medical practices. Will be important. “
See: Women Share the Story of Abortion
Midwestern doctors, who regularly watch patients fighting infertility, hook up office phones with people who are worried about what the post-low world means for their reproductive journey. Say it’s ringing.
“The receptionist asked me,’What do I say to these patients?'” He added, “doctors find it difficult to give a definitive answer.
Some of the unknown is fueled by the discretion that individual prosecutors will have in enforcing abortion law.
“In any case, we only need fraudulent prosecutors who want to be proactive in interpreting the law, which can certainly cause problems for those seeking IVF,” reproductive rights, health and justice. Kim Clark, a senior lawyer at the company, is a progressive advocacy organization, Legal Voice.
Another complex factor is civil enforcement measures that allow individual citizens to file proceedings against those who facilitate procedures prohibited by the ban, such as the Texas six-week ban. , What role do you play in the post-low world?
“Suddenly, when you have these civil enforcement laws, the blastocyst [person] You can sue the clinic, and that’s where the cold is astounding, “Watson said.
However, there is one thing that is clear. Now that Roe has overthrown, a series of steps targeting IVF could be “much easier to move forward,” said Salmon P. Chase College of Law, Dean of Northern Kentucky University, formerly in the United States. He was the chair of the Institutional Review Board of the United States. Reproductive Medicine Society.
“Roe’s reversal could pave the way for new legislation that could specifically target IVF,” she said. They are embedded.
Fertility patients may want to take positive action, such as moving embryos out of what is expected to be hostile to an abortion, McCharson said.
“The question now is, is there anything people should do to protect themselves before the law begins to change,” Matcherson said.
Editor’s Note: This story was originally published on May 11, 2022 and has been updated to reflect the news that the Roe v. Wade case has been overturned.
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How does overturning Roe v. Wade affect IVF treatments? Supreme Court decision could have repercussions Source link How does overturning Roe v. Wade affect IVF treatments? Supreme Court decision could have repercussions