Lovettsville, VA asked in Civil Rights and Health Care Law for Virginia

Q: Denied fertility healthcare; facing discrimination. Seeking legal help for embryo/gamete return in VA & TN.

I have been denied fertility healthcare by several clinics, experiencing discrimination that prevents me from accessing necessary medical care. Although I am fully capable of having children using my own gametes, I have not received adequate explanations from these clinics. We seek the return of our missing embryos and unfertilized gametes. We are seeking an attorney to help protect against this discrimination and ensure we receive the fertility healthcare we need. Our focus is on finding representation in Virginia and Tennessee. Is human reproduction more of a civil right or a human right?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Access to fertility healthcare can be viewed as both a civil right and a human right, depending on how it is framed in legal and social contexts. On one hand, civil rights involve protections against discrimination and ensure access to services without unjust barriers. In many ways, your ability to access fertility care is linked to civil rights, as individuals should be free from discriminatory practices based on factors like gender, marital status, or medical history.

On the other hand, reproductive rights are often considered fundamental human rights, particularly when it comes to choices about starting or expanding a family. Reproduction, as a personal and intimate decision, touches on autonomy and the right to make choices regarding one's body and family planning. The denial of fertility healthcare, including the withholding of embryos or gametes, could potentially infringe on these core human rights.

In your case, legal action could be pursued to address both the civil rights aspect of discrimination and the broader human rights concerns surrounding reproductive freedom. It's important to look for legal representation that understands how both issues interact, as they could strengthen your case in the pursuit of fair treatment and the return of your gametes and embryos.

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