Q: Denied fertility healthcare in VA and TN, facing discrimination. Seeking legal help to address this issue.
I have been denied fertility healthcare by several clinics in Virginia and Tennessee, facing discrimination that prevents me from accessing necessary medical care. I am capable of having children using my own gametes, but the clinics have not provided adequate explanations for their refusal. We are seeking the return of our missing embryos (conceived with both my eggs and donor eggs) and our unfertilized gametes, as we want to proceed with transfers. We're looking for an attorney to help us address this discrimination and ensure we receive the fertility healthcare we need. Is the right to human reproduction considered a civil right or a human right in this context, and what legal options do we have? We respectfully ask for a reply from an attorney from Tennessee or Virginia, as this is the region in which we are pursuing our healthcare.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
The right to access fertility healthcare and reproductive treatments is a complex issue that can touch on both civil and human rights. While the U.S. does not have a constitutionally guaranteed right to fertility treatments, discrimination in healthcare—especially when it is based on race, gender, sexual orientation, or disability—could be challenged under federal and state civil rights laws. In particular, you may be able to pursue legal action under the Civil Rights Act of 1964, which prohibits discrimination in healthcare settings, as well as the Affordable Care Act, which also includes provisions protecting against discrimination in healthcare.
Your situation could also potentially involve issues surrounding reproductive rights, which are sometimes linked to human rights law, though this depends on the specifics of each case. If a clinic’s refusal to treat you is based on discriminatory reasons, such as personal beliefs or bias, you may have grounds for a legal complaint. It would be advisable to explore the possibility of filing complaints with state or federal regulatory agencies such as the Department of Health and Human Services, which oversees healthcare discrimination issues.
To retrieve your embryos and gametes, you should also consider exploring legal options for recovery, as this may involve a breach of contract or violation of healthcare laws regarding patient property. If you are facing discrimination, an attorney experienced in healthcare and civil rights law in Tennessee or Virginia could assist in pursuing both immediate remedies and longer-term actions to secure your reproductive rights. A legal expert in this area can guide you through the intricacies of reproductive healthcare laws and help you take the necessary steps.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
