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Unanswered questions for health care and fertility practitioners if Supreme Court decides to overturn Roe v. Wade


If The U.S. Supreme Court overturns Roe v. Wade as expected in its opinion in Dobbs v. Jackson Women’s Health any day now, the implications of that action will be long reaching both for fertility practices and for health care providers in general.

The Reed Smith Reproductive Health Working Group has generated a series of “unanswered questions” client updates to reflect the issues that a Roe reversal would have for these practitioners. An earlier post on this blog shared part I of that series that focuses on the issues facing pharmacies.

In part II of the series, Scot HasselmanLesley ReynoldsSarah Cummings Stewart, and John Kendzior analyze what a decision overturning Roe would mean generally for health care practitioners. Among the questions that are addressed are licensing issues, practice of medicine boundaries, oversight and compliance as well as issues for practitioners at long term care and other institutional settings.

In part III of the series, Sarah Cummings StewartJohn KendziorArielle Lusardi, and Kristin Parker consider the implications of the expected reversal on providers who have a practice that includes fertility care. Specifically, the group discusses the applicability of personhood laws as well as conflicts of laws and religious objections. Additionally, there are questions that arise for embryo storage and transportation.

All of the client updates are available here:

Unanswered Questions Part I: Pharmacies

Unanswered Questions Part II: Health Care Providers

Unanswered Questions Part III: Fertility

Reed Smith will continue to monitor Supreme Court decisions as well as any state or federal responses to those decisions. If you have any questions about this topic or how the Court’s eventual opinion will affect your organization legally, please reach out to the health care lawyers at Reed Smith.


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