How will surrogacy be impacted by the overturning of Roe v. Wade?

Since the draft opinion from the U.S. Supreme Court was leaked, many people are asking how this opinion might affect IVF, surrogacy, and even the future of same-sex marriage.

In response, Tim Schlesinger, an attorney with Midwest Fertility Law Group, has answered the following questions:

  1. Will IVF become illegal?
  2. Do I/we still get to decide what to do with my/our frozen embryos?
  3. How do we plan for surrogacy in a state that is likely to pass a law restricting the right to a termination of pregnancy?
  4. Is our same-sex marriage going to be invalidated (and what would that do to our parentage)?

You can read his answers in the full post on his website.

For more information on why an abortion might be necessary during the surrogacy process, you can read this post.

This is an evolving situation and some of these answers may change in the future. We will do our best to provide the most up-to-date information to all parties in order to help them make informed decisions.