Family Law

Reproductive Rights

Key Takeaways

  • Reproductive rights involve autonomy over your reproductive system and health.
  • Specific state laws will heavily impact your rights around abortion and pregnancy prevention.
  • After the Supreme Court overturned Roe v. Wade, several states banned abortion access and made it a crime.

When it comes to your reproductive rights, the laws are changing all the time. Recently, the overturning of Roe v. Wade dealt a harsh blow to reproductive rights and access to abortion. This article provides an overview of reproductive rights across the country.

Whether you’re trying to conceive, prevent conception, or take care of your reproductive health, your rights can vary based on state laws. It is crucial to verify the laws specific to your jurisdiction and how they could impact you. For answers to your specific questions, talk to a reproductive rights attorney.

What Are Your Reproductive Rights?

Reproductive rights involve autonomy over your reproductive system and reproductive health. This can involve trying to conceive, timing conception, preventing pregnancy, and ending pregnancy.

When you’re having trouble conceiving, there are a few options available. These include sperm or egg donation, artificial insemination, in vitro fertilization (IVF), or surrogacy. Before going through any of these processes, talk to your healthcare provider.

When using a donor or surrogate, you should find out how the laws affect parentage. In some states, donors and surrogates can’t have parenting rights. In others, parental rights are assumed until specifically terminated. Not all states allow contracts between donors and parents or surrogates and parents. In states that do, a properly written legal agreement can be essential for protecting your family.

Surrogacy contracts will usually go well beyond just parental rights. These can stipulate healthcare requirements, financial compensation, and birthing plans. In many states, independent legal representation is mandatory when signing a surrogacy contract.

Reproductive Rights For Preventing Conception

Specific state laws will heavily impact your rights around pregnancy prevention. These laws are constantly changing through new court cases and legislative policies. You’ll need to be sure you’re following the most up-to-date laws in your state and on the federal level.

Contraception Rights

Adults and teens alike generally have the right to access contraception. Under the Affordable Care Act (ACA), most healthcare plans provide birth control without additional cost. This includes birth control pills, intrauterine devices (IUDs), and emergency contraception.

However, some state legislative acts restrict access to emergency contraception like Plan B or morning-after pills. This includes limited access to emergency contraception from state healthcare plans. Some states allow pharmacists and pharmacies to refuse to dispense emergency contraception.

Change in Abortion Rights Laws

In 2023, the U.S. Supreme Court overturned Roe v. Wade, leaving state legislatures to come up with their own abortion laws. As of January 2024, 14 states have nearly complete abortion bans, including:

  • Alabama
  • Arkansas
  • Georgia
  • Idaho
  • Indiana
  • Kentucky
  • Louisiana
  • Mississippi
  • Missouri
  • North Dakota
  • Oklahoma
  • South Dakota
  • Tennessee
  • Texas
  • West Virginia

Alternatively, many states have passed laws that protect abortion access, including Colorado, Michigan, Ohio, and Nevada. In states like California, Maryland, and New York, abortion is legal until fetal viability.

Lawmakers in other states have ballot measures to make abortion care more restrictive. Common abortion restrictions include how much a fetus has developed and when in the pregnancy timeline it is available.

South Carolina and Georgia have banned abortion past 6 weeks of pregnancy. Nebraska and North Carolina ban abortion after 12 weeks. The cut-off is 15 weeks in Arizona and 18 weeks in Utah.

Covering the cost of abortions will depend on state laws as well. Some states allow insurance companies to refuse coverage. Other states either allow or bar public funding for abortions.

Some states require that a physician perform any abortion, and some further state that doctors can refuse to provide that service. Others require mandatory counseling, waiting periods, or parental consent for minors.

Sterilization Rights

For voluntary sterilization, your rights may depend on state laws. These include voluntary hysterectomies, tubal litigation (getting “tubes tied”), and vasectomies.

Many states restrict someone’s ability to have a voluntary hysterectomy for contraceptive purposes if they’re in a reproductive age range. A reproductive age is generally between the ages of 15 to 49. Some providers may require a person seeking a hysterectomy to get permission from their spouse before the procedure.

Doctors may refuse to perform vasectomies if they think the patient is too young to understand the consequences of the procedure.

Reproductive Healthcare and Education

The American Medical Association ethics rules prohibit doctors from refusing treatment to patients based on their sexual orientation or gender identity. However, states may give medical providers more discretion in providing reproductive healthcare. Religiously affiliated practices or hospitals may deny some reproductive healthcare. Doctors may also limit certain care if it is dangerous or unnecessary.

Some states refuse to provide education on specific reproductive health issues. However, there are additional resources for people to learn about their reproductive health.

How Can a Reproductive Rights Lawyer Help?

If you have questions or concerns about your access to reproductive services, a local attorney could help. They can explain your options and help you get the care you need. Talk to a reproductive rights lawyer for legal advice.

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