It is anticipated that the recent overturning of Roe v. Wade may have trickle down effects that can impact patients seeking fertility treatment. As begin to observe the actual impact that this legislative change is having, we decided it would be an excellent time to meet with a couple of experts to review the current status in the state of Colorado—where we are in practice. Here is a link to our Clinical / Legal Conversation and a listening guide (below) to highlight key points in our dialogue.
Panel Discussion with two prominent Assisted Reproductive Law attorneys (48:57): https://youtu.be/WvtA0hxbTRk
2:00 Introduction of today’s participants
Judith Hoechst—Colorado Reproductive Law Center
Ellen Trachman—Trachman Law Center
3:20 Clinical Summary of current status
6:00 Reassurance of safety of embryos currently stored in Colorado
7:00 Reproductive Health Equity Act (RHEA—passed April 2022)
- Codifies rights of pregnant women to make their own decision regarding their reproductive care
- No independent rights granted for embryos
9:00 Donor Conceived Persons Law (DCP—passed May 2022)
- grants certain rights to individuals conceived through use of donor eggs / sperm access to the health history / information from their donors upon reaching legal age of adulthood
11:00 Explained potential role of preconception genetic screening of embryos to help reduce the need for pregnancy termination.
14:00 Brief discussion of medications used in pregnancy termination and treatment across state lines
15:30 Considered challenges with relocating embryos from other states to Colorado
17:30 Colorado Surrogacy Act (passed May 2021)
- law to codify gestational carriers and to
- create protections for intended parents
21:50 Colorado Building Family Act (passed May 2022)
- mandate expanding fertility coverage through private health insurance
25:00 Marlo’s Law (Parental Rights for LGBTQ parents—August 2021)
- stream-line formalization of parentage
- Birth certificates alone may not be recognized across state lines without a court order therefore this law was enacted to provide such an order
30:00 Unresolved concerns moving forward—recent example of a separating couple in which one partner sought to use embryos created during the marriage against the wishes of the other
33:00 Disposal of embryos
34:00 Embryo donation
37:00 Concerns in transferring embryos from one fertility center to another
39:00 Options for those willing to volunteer or provide donations to organizations seeking to protect reproductive rights
43:00 What to consider moving forward
47:00 Sign off and contact points for additional information
With informed optimism,
~Robert
Robert Greene, MD, FACOG
Conceptions Reproductive Associates of Colorado
Enhancing Fertility 