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After Roe: The uncertain future of fertility treatment

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Embryologist Ric Ross holds a dish with human embryos at the La Jolla IVF Clinic in La Jolla, California.

Roughly 2 percent of children born in the U.S. are conceived by in vitro fertilization, according to the CDC

The process involves combining sperm and eggs to create embryos in a lab, then placing them in a person’s uterus. And it’s usually used by same-sex couples, single people, and surrogate carriers in the U.S.

But now experts across the country are concerned that abortion bans could impact access to fertility treatment like IVF. Especially in Louisiana, where lawmakers introduced a bill earlier this year that would give full legal rights to embryos. It failed after the floor debate. 


This leaves many fertility providers, patients, and lawyers with questions. 

Could an embryo be considered a person? Could clinics face criminal penalties for embryo destruction if they don’t implant correctly, or have unused embryos that need to be discarded?


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Kathryn Fink, Mia Estrada