By Ainsley Lawrence
The U.S. Supreme Court overturned Roe v. Wade on June 24, 2022. In doing so, the Supreme Court gave states the right to outlaw abortion. Several states, many of them in the South, have trigger laws, which state legislators have already approved, that went into effect immediately or almost immediately after Roe v. Wade was overturned.
A perhaps unforeseen result of the overturn is that the ruling may also make it more difficult for LGBTQIA+ couples in the South to adopt children or access in vitro fertilization (IVF) as a fertility option for conception.
A clear understanding of Roe v. Wade and its impact is a must for LGBTQIA+ couples in the South that want to start or grow their families. With the continued restriction on abortion in southern states, queer couples may need to consider alternative routes to adoption and IVF.
What the Overturn Means for Southern LGBTQIA+ Couples
First, let’s talk about how restrictions on abortion could impact couples looking to grow their families. The overturn of Roe v. Wade could have far-flung effects on LGBTQIA+ couples in the South in several ways.
1. New Anti-abortion Litigation
The biggest roadblock is that fertility treatments often require the disposal of unused embryos. Laws could be enacted that prevent LGBTQIA+ couples, and infertile heterosexual couples, from accessing these treatments, since more restrictive IVF laws might classify the disposal of any embryo as an abortion. Due to this uncertain legal status, healthcare providers might be unwilling to administer such treatments in the future.
For similar reasons, egg freezing may ultimately become illegal in southern states. This procedure has been around since the 1980s and allows women to preserve and store their eggs for later use. Eggs do not always survive the thawing process; similar to fertilized embryos in IVF, there are concerns that restrictive abortion laws may eventually make this intentional retrieval and freezing of eggs illegal. Many women undergo this procedure if they are dealing with a medical condition or plan to undergo a treatment that could render them unable to conceive without medical assistance. More recently, vitrification (elective egg freezing) has also gained traction with women not dealing with a medical condition, but who simply wish to wait a few years before having children. There have also been transgender men who freeze their eggs before they receive gender confirmation surgery. All of these people would be negatively impacted by restrictions on egg freezing.
2. More Restrictive Standard of Healthcare
Many doctors and hospital administrators will be uncertain about the legal ramifications of any fertility treatments moving forward. They are unsure of how the government’s involvement in the fertility process may affect their treatment of IVF patients, and what potential consequences they may face if they continue to treat infertility.
To combat this and to protect themselves from any legal issues, administrators in private practices and hospitals in the South could place more restrictive standards on IVF treatments, making it more difficult to access these treatments, even before any concrete laws about IVF are enacted. Health insurance companies may also raise the cost of such treatments, which may further restrict LGBTQIA+ couples’ access to them.
3. Fewer Adoption Options
Many LGBTQIA+ couples in the United States are rushing to complete second-parent adoptions following the overturn of Roe v. Wade. Due to fears that marriage equality could be on the line, parents in LGBTQIA+ relationships are anxious to cement their legal status as guardians of their children. Historically, it has been difficult for non-cisgender and non-heterosexual couples to adopt, and only in the years since marriage equality has that begun to change.
In the past, states like North Carolina didn’t acknowledge same-sex marriage. With Roe v. Wade being overturned, the Supreme Court has demonstrated that it can overturn litigation that was in place for 50 years. Were marriage equality to be overturned in the future, many second parents in LGBTQIA+ relationships may lose custody of their children, or at the very least, lose all legal rights to them, with no recourse.
How To Build LGBTQIA+ Families Post-overturn of Roe v. Wade
Roe v. Wade promises to be a hot topic during the 2024 presidential election. In the meantime, LGBTQIA+ couples who want to build families must plan carefully.
If you’re an LGBTQIA+ couple and want to have kids, help is available. Here are four tips to help you build or grow your family following the overturn of Roe v. Wade.
1. Learn About Anti-Abortion Laws in Your City or Town
It’s a good idea to stay in the loop regarding anti-abortion regulations in the South. This allows you to figure out the best course of action to start or grow your family in accordance with local laws. It can also help you decide where to live if your current state is particularly restrictive.
Mississippi and Oklahoma are two of the most restrictive states for anti-abortion laws, and both are located in the South. Comparatively, southern states like Florida and Georgia have gestational limits for abortion but have not fully banned it.
Laws can change at any time. Fortunately, those who keep a close eye on anti-abortion laws in the South can take appropriate measures to ensure that they can get the services they need to begin or grow their families.
2. Seek Out Healthcare Providers and Fertility Services
It can be beneficial to meet with healthcare providers regarding possible fertility services. You can share your concerns with these providers and get insights into different services. The providers can offer tips, recommendations, and insights to help you get your desired fertility results as quickly and efficiently as possible.
Keep in mind that healthcare costs vary based on where you reside. You can review your total healthcare costs and determine how much money you will need for certain fertility services. In some instances, you may find that relocating to a different state may help you reduce your cost of living and healthcare expenses. Then, you can use the money you save for fertility treatments and related healthcare services.
3. Explore Legal Options
You cannot control LGBTQIA+ discrimination, but you can partner with an attorney who can help you fight it.
For example, you can hire a fertility law attorney who helps LGBTQIA+ couples grow their families through assisted reproduction. This attorney can help you file a legal claim against any parties who discriminate against the LGBTQIA+ community.
If you are considering adoption, you may want to consult with a lawyer who handles queer-community adoption cases. This lawyer can help you navigate the adoption process and ensure you can achieve optimal results.
4. Be Persistent
The overturn of Roe v. Wade remains a hot-button topic. Non-conforming individuals in Texas and other southern states may face discrimination if they want to have kids. Regardless, it is crucial for these couples to stay on course.
Resources and tools are available to LGBTQIA+ couples in the South interested in having kids. For instance, PFLAG has been a leading provider of education, advocacy, and support for LGBTQIA+ people and their families since 1973. It has more than 400 chapters nationwide and offers support hotlines you can use to receive assistance if you want to build or grow your family.
Moreover, the Campaign for Southern Equality is striving to make contributions to LGBTQIA+ couples in the South. It offers a variety of resources and hosts events that drive LGBTQIA+ community engagement in cities and towns across the South.
What LGBTQIA+ Couples Should Expect
The South is changing after the overturn of Roe v. Wade. LGBTQIA+ couples may need to take additional steps and commit more time, energy, and resources to ensure they can have children. Yet, no matter what happens, the LGBTQIA+ community is resilient. This community has a history of thriving under duress and continues to find ways to overcome any and all obstacles it faces.
For LGBTQIA+ couples in the South, continue to push forward. If you want to have kids, explore every opportunity to do so. This ensures that you can do what it takes to build or grow your family, even amidst the uncertainty of a post-Roe America.
