The Supreme Court’s forthcoming opinion in Dobbs v. Jackson Women’s Health Organization – in which the Court, according to a leaked draft, plans to overturn Roe v. Wade and Planned Parenthood of Southeast Pennsylvania v. Casey – raises significant issues and potential unintended consequences in the fertility space for providers, pharmacies, practitioners, laboratories, genetic counselors, ambulatory surgery centers (ASCs), storage facilities, transportation companies, and other participants in the health care and adjacent industries. Of particular relevance to the impact of Dobbs on fertility treatments are so-called “personhood” laws, by which states may classify fertilized eggs, zygotes, embryos, and/or fetuses as “persons,” thereby granting them, among other things, the right to life from the moment of conception.

In our third installment of “Unanswered Questions,” we consider the implications and potential unintended consequences of the anticipated Dobbs opinion and, specifically, the possible proliferation of “personhood” laws on people and companies operating in the fertility space, and on the spectrum of available fertility treatments.

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