Reproductive Health Laws in the U.S.
- Abortion Rights:
- The U.S. Supreme Court’s 1973 decision in Roe v. Wade legalized abortion nationwide, but this ruling was overturned in June 2022 with Dobbs v. Jackson Women’s Health Organization, returning the authority to regulate abortion to individual states.
- As of 2025, some states (like California, New York, and Illinois) have strong protections for abortion rights, while others (such as Texas and several Southern and Midwestern states) have implemented severe restrictions or outright bans.
- Access to Contraception:
- The Affordable Care Act (ACA) ensures that insurance plans cover contraceptives at no cost. However, the use and availability of contraception are still subject to some state-level limitations, particularly when it comes to specific methods (e.g., emergency contraception or certain birth control devices).
- The Supreme Court’s 2014 Burwell v. Hobby Lobby Stores decision allowed some private employers to opt out of providing contraceptive coverage due to religious objections.
- Fertility Treatment:
- Laws related to fertility treatments, like in vitro fertilization (IVF), are generally governed by the states. Some states have mandates requiring insurance to cover infertility treatments, while others may not.
- Certain ethical issues, such as the disposition of unused embryos, are also handled differently depending on state law.
Federal vs. State Jurisdiction
While reproductive health laws are predominantly state-driven (particularly regarding abortion), there are federal protections in certain areas, like the Family and Medical Leave Act (FMLA), which allows parents (including those using surrogacy) to take unpaid leave for the birth or adoption of a child.
