15 Nov 2024 Implications of the 2024 US Election Results on ART

With the results of the US Presidential election in, and now that we know that both the Senate and the House are in Republican control, questions and concerns are being raised by our staff, our industry partners, and our clients about the impact events like this can have on each of us, on our businesses, and on the families that we’re helping our clients create.  

First, we wanted to take a moment to acknowledge that elections can bring out a range of emotions and perspectives, and it’s perfectly natural for people to feel differently about the outcome. Whether you are feeling affected by the results or not, know that it’s okay to have your own response. 

Second, there are consequences of the election results that are tangential and indirectly related to surrogacy and assisted reproduction. Notably for now, seven of the 10 state ballot measures enhancing or clarifying protections of abortion rights were successful.  

The American Society for Reproductive Medicine (ASRM) stated, “voters in Arizona, Colorado, Maryland, Missouri, Montana, New York, and Nevada all passed ballot measures to protect and enshrine access to reproductive medical services. They join voters in six additional states that passed similar protections in earlier elections. Measures in South Dakota and Nebraska fell just short of obtaining majority support, and in Florida, the measure failed despite obtaining nearly 58% approval.” 

This is good news which should be celebrated. We should use these successes to expand our coalition and to build more support for reproductive freedom.  

Beyond this and based on conversations with people in our network who have their fingers on the pulse of politics in Washington, DC, we do not think there is a serious appetite for attacking same sex marriage, same-sex parentage, or family building via assisted reproduction. 

In fact, over the past 10 years, the overwhelming trend has been an expansion of supportive assisted reproduction laws, new and improved and comprehensive parentage laws, and greater and greater access to fertility treatments (including fertility insurance benefits and mandates). 

One of the reasons may be that the need for assisted reproductive services knows no boundaries: it affects progressives, moderates, and conservatives in equal measure. In many ways, ART could provide the kind of cross-demographic support that few other issues can provide.  

In short, we do not expect any changes in fertility law or how assisted reproduction matters will be handled in the immediate future.  

We realize that we are in uncharted waters and the situation can change. We are closely monitoring all things ART through ASRM and RESOLVE: The National Infertility Association, and we are monitoring marriage equality for LGBTQ persons with attorneys for whom this is an area of expertise. We are also deeply integrated with and active members of the attorney networks at the American Bar Association Section of Family Law, it’s Assisted Reproductive Technology Committee, the American Academy of Adoption and ART Attorneys, and the National LGBT Bar Association to stay up to speed with and, as much as possible, ahead of any changes which may be in store. 

As always assessing and updating your estate planning documents (wills/trusts), including provisions addressing your children (guardianship designations) and your reproductive estate (eggs, embryos, sperm that may be in storage), and making sure that non-biological parents have some form of a court order declaring them parents are always advised, even in more stable political climates.

A final note: there can be a tendency to “go within” during periods of difficulty. Now is not that time. Now is the time to act, to join an advocacy group, to make your voices heard and expand our support for reproductive rights, family building choice, and marriage equality. We must “take up space” rather than leave a vacuum in the conversation. If we don’t take up space, someone else will, and that is when anti-ART and anti-LGBTQ legislation can advance.

Do you have additional questions or concerns? Please feel free to reach out to our Founding Partner, Richard Vaughn, who will be happy to have a conversation with you.  

We are all one extended family, and now, more than ever, IFLG is here to help you safely and legally create your family.