Daily Breeze (Torrance)

Infertilit­y patients. doctors fear abortion bans may restrict IVF

- By Jan Hoffman

NEW YORK >> Anna Nibley Baker, a mother of four in Salt Lake City, is reasonably certain that she and her husband are done building their family. Yet for eight years, since the birth of her last child, conceived through in vitro fertilizat­ion, she has thought tenderly of the couple's three remaining embryos, frozen and stored at a university clinic.

Now, after the Supreme Court's abortion ruling overturnin­g Roe v. Wade, Baker, 47, like countless infertilit­y patients and their doctors nationwide, has become alarmed that the fate of those embryos may no longer be hers to decide. If states ban abortions starting from conception — and do not distinguis­h between whether fertilizat­ion happens in the womb or in the lab — the implicatio­ns for routine procedures in infertilit­y treatment could be extraordin­ary.

In a cycle of IVF, a field of medicine that is more than 40 years old and used by hundreds of thousands of heterosexu­al and samesex couples, single people and surrogate carriers in the United States, the hope is to create as many healthy embryos for each patient as possible. Doctors generally implant one or two of those embryos in the uterus and freeze any that remain for the patient's future use.

The moves by states to ban abortion are raising numerous legal questions about these embryos: Will doctors still be allowed to conduct genetic testing on embryos for chromosoma­l anomalies or diseases like Tay-Sachs, Huntington's and sickle cell, to help determine which to implant?

Will patients like Baker be precluded from discarding unneeded embryos and instead urged to donate them for adoption or compelled to store them in perpetuity?

If embryos do not survive being thawed for implantati­on, could clinics face criminal penalties?

In short, many fear that regulation­s on unwanted pregnancie­s could, unintentio­nally or not, also control people who long for a pregnancy.

Since the ruling, fertility clinics have been pounded with frantic calls from patients asking if they should or even legally could transfer frozen embryos to states with guaranteed abortion rights. Cryobanks and doctors have been churning through cautionary scenarios as well: A Texas infertilit­y doctor asked if he should retain a criminal defense lawyer.

So far, the texts of the laws taking effect do not explicitly target embryos created in a lab. A new policy paper from the American Society for Reproducti­ve Medicine, which represents an array of fertility treatment providers, analyzed 13 so-called trigger laws and concluded that they do not pose an immediate threat to infertilit­y patients and their health care providers. And in interviews, leading antiaborti­on groups said that embryos created through assisted reproducti­ve technology were not currently a priority.

But legal experts warn that as some states draft legislatio­n, the status of these embryos, as well as patients and providers, could become vulnerable, especially if an impassione­d prosecutor decides to test the new terrain.

Barbara Collura, president of Resolve, which represents the interests of infertilit­y patients, said the organizati­on had seen numerous legislativ­e efforts to assert state control over embryos. Those failed “because we fought back and we also had the backstop of Roe v. Wade,” she said.

Referring to the case in the ruling that overturned Roe, she continued, “So we feel that Dobbs is something of a green light for those legislativ­e zealots who want to take this a step further.”

By using the word “pregnancy,” most trigger bans distinguis­h their target from an embryo stored in a clinic. The ban in Utah, where Baker lives, for example, frames abortion in the context of a “human pregnancy after implantati­on of a fertilized ovum,” which would exclude state jurisdicti­on over stored embryos.

(That trigger law is on a temporary hold.)

 ?? SHAWN POYNTER — THE NEW YORK TIMES ?? Frozen embryos are seen at the National Embryo Donation Center in Knoxville, Tenn.
SHAWN POYNTER — THE NEW YORK TIMES Frozen embryos are seen at the National Embryo Donation Center in Knoxville, Tenn.

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