GUEST COLUMN: Roe reversal confuses fertility patients

2022-09-04 18:12:43 By : Mr. Jacky Xu

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The Supreme Court’s decision to overturn the federal abortion protections outlined in Roe vs. Wade raised questions about the future of reproductive rights and fertility treatments. As a fertility doctor, I echo my patients' concerns and want to offer some clarity.    The Court’s June 24 ruling on Dobbs vs. Jackson has consequences far beyond abortion protections. The effects involve a cascading number of fertility care issues that will be felt in various ways. Many patients have expressed confusion about how this decision might impact their right and ability to access needed treatments.    The decision to seek fertility and family-building care is very personal. Any fertility journey requires a high level of commitment ― physically, emotionally, and financially. Anyone feeling disheartened, anxious, or upset about the decision to overturn Roe (and what that decision might mean for you) is not alone.     Let's talk about what we do (and don't) know.   Is a miscarriage considered an abortion? In a medical setting, miscarriage is sometimes referred to as a "spontaneous abortion." This terminology can feel incredibly upsetting for patients experiencing a loss. In the wake of Dobbs, trigger laws in some states may challenge whether a person is experiencing a "spontaneous abortion" (miscarriage) or an "induced abortion" (a true abortion), which would undoubtedly complicate access to care and vital treatment.    There’s a lot of legal gray area around this issue. The answers you might receive from a legal expert will depend on the state you live in, and its current legislation.  What does personhood mean? 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 are determining that a fertilized egg be considered the equivalent of a human being, entitling this fertilized egg to the same protections under the law as a person. This would 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 was overturned. Is it a bad idea to grow my family right now? This is a fair question. Ultimately, what feels right to you is what's best for your family. Our physician team at Illume Fertility, which has locations in Connecticut and New York, anticipates no changes to the excellent fertility and family-building care we're able to provide. We are unwavering in our support of growing families.  How will this affect LGBTQ+ family building? This is a big question, with some answers still to be determined. Yes, the LGBTQ+ community will be greatly affected by the overturning of Roe, 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 developing laws across the United States.   There is also significant (and warranted) concern that other LGBTQ+ rights may be affected next. We recommend following organizations like the Human Rights Campaign and Family Equality Council for updates and resources. Will certain demographics be affected more than others? Yes, lower-income populations and people of color will be impacted most by these changes. These communities already faced barriers to accessing basic health care services. Dobbs will now increase this lack of access 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.    Want to turn your emotions into action? Here are some ways to get involved in the fight for reproductive justice:   Call your senators and congresspeople. Vote and make your voice heard. Join a local protest. Donate to organizations in need. Support someone seeking reproductive care. Share information and resources on social media.

Dr. Cynthia Murdock is a partner and fertility specialist at Illume Fertility, which has several locations in Connecticut. She is board-certified in obstetrics and gynecology and in reproductive endocrinology and infertility.