Title : Will post-Roe legislation protect embryos left over from the process of in vitro fertilization?
link : Will post-Roe legislation protect embryos left over from the process of in vitro fertilization?
Will post-Roe legislation protect embryos left over from the process of in vitro fertilization?
I'm reading "Infertility Patients and Doctors Fear Abortion Bans Could Restrict I.V.F./The new state bans don’t explicitly cover embryos created outside the womb, but legal experts say overturning Roe could make it easier to place controls on genetic testing, storage and disposal of them" (NYT).[M]any fear that regulations on unwanted pregnancies could, unintentionally or not, also control people who long for a pregnancy.... So far, the texts of the laws taking effect do not explicitly target embryos created in a lab.... By using the word “pregnancy,” most trigger bans distinguish their target from an embryo stored in a clinic....
Some medical and legal experts have proposed... creating one embryo at a time by storing sperm and eggs separately and thawing them only to create individual embryos as needed...
[Another option] is called “compassionate transfer.” A 2020 position paper by the American Society for Reproductive Medicine says the term refers to a request by a patient to transfer embryos in her body “at a time when pregnancy is highly unlikely to occur, and when pregnancy is not the intended outcome.” For people who see the frozen embryo as human life, a compassionate transfer is a kind of natural death for the embryo, rather than having it destroyed in a lab.
Katherine Kraschel, an expert on reproductive health law at Yale Law School, noted that clinics could be forced to store embryos that embryologists have determined are unlikely to result in a pregnancy. “It could also mean that ‘compassionate transfer’ is recommended not to honor a patient’s moral valuation of their embryos but because the state has imposed its moral valuation upon them,” she said.
Another concern is that special consideration for the women who create participate in I.V.F. can — and therefore will — be portrayed as racist:
Judith Daar, dean at the Salmon P. Chase College of Law at Northern Kentucky University and an expert in reproductive health law, said that passing a state law that would distinguish infertility patients from those seeking an abortion risked having a discriminatory impact, “given that the majority of I.V.F. patients are white, while women of color account for the majority of all abortions performed in the U.S.”
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