How States' Abortion Regulations Have a Detrimental Impact on IVF Therapy

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Authors
Schmidt, Taylor A.
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2023-06
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INTRODUCTION For forty-nine years abortion was considered a protected right in the United States. This right was previously deemed a privacy interest found within the Due Process Clause of the Fourteenth Amendment. Since the beginning, this right has been controversial across political party lines. Many states began passing statutes outlawing abortion despite their unenforceability due to the Constitutional protections provided by Roe v. Wade and Planned Parenthood v. Casey. In 2021, Dobbs v. Jackson Women’s Health Organization was granted certiorari by the United States Supreme Court which signaled the possibility for change regarding the right to abortion.8 The Supreme Court ultimately overruled its prior case law, returning the right to determine abortion protections to the states. In the wake of these decisions, some states implemented laws against abortion, including pre-existing “trigger laws” and subsequent laws. The vast majority of state laws limiting abortion overlooked an important area: in vitro fertilization (“IVF”). This lack of protection for IVF therapy has led to incompatible judicial rulings regarding the status of an embryo.
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Creighton University School of Law
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