Does Roe v. Wade Affect IVF Patients in Colorado?

Interview with Dr. Robert Greene, Conceptions Reproductive Associates of Colorado

With the recent ruling by the Supreme Court of the United States on Roe v. Wade, many hopeful parents struggling with infertility across Colorado are trying to understand where and how these changes impact their access to fertility treatments like in vitro fertilization (IVF). We sat down with Dr. Robert Greene from Conceptions Reproductive Associates of Colorado, to help separate fact from fiction when it comes to the influence of Roe v. Wade on infertility treatment for patients.

“If you live in Colorado, nothing has changed. Your access to IVF is the same as it was the day before,” offered Dr. Greene who recently took part in an online forum to talk about Colorado reproductive laws with Denver-based Judith Hoechst, Esq., and Ellen Trachman Esq. from the Trachman Law Center with offices in Colorado and New York. Dr. Greene added, “Success rates have never been higher at Conceptions, and we are in a state where patient access to fertility treatments has actually been strengthened. Colorado is now one of the best states for IVF and laws are in place that protects a person’s access to ART treatments as well as the development and storage of embryos.”

Signed into law on April 4th, 2022, The Reproductive Health Equity Act (HB22-1279) states “Every individual has a fundamental right to use or refuse contraception; every pregnant individual has a fundamental right to continue the pregnancy and give birth or to have an abortion; and a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state.”

While the law was passed many months ago, confusion remains with many patients, Dr. Greene explained, “While Colorado has been ahead of the curve on this issue legislatively, we still need to get the word out to the public. Patients email our office every day with the same question, what happens if I do IVF and have extra embryos? The answer is nothing is changed since Roe. Any and all decisions about your reproductive care including what happens to your eggs and or embryos are yours to make.”

Often one of the biggest barriers to fertility care isn’t reproductive law, it’s the lack of insurance coverage for treatments like IUI or IVF. In January 2022, the Colorado Building Families Act (HB20-1158) sponsored by Representative Kerry Tipper passed and now requires health benefits issued or renewed in Colorado to cover the diagnosis of infertility, treatment for infertility, and fertility preservation services.

Speak to your employer and human resources department to see if your company will fall under the new infertility insurance mandate in Colorado. Here are a few things to keep in mind:

  • If your company has 100 or more employees, it may be required to follow the new infertility mandate. Unfortunately, self-insured companies are not bound to follow the Colorado Building Families Act (HB20-1158) as we currently understand the bill.
  • If your insurance plan is an out-of-state plan, you likely will not be able to take advantage of the new mandate.
  • We encourage you to speak with your employer for more specific information. To learn more about the new Colorado Building Families Act (HB20-1158) visit

With a reputation for IVF success rates that exceed SART and CDC benchmarks, Conceptions remains committed to providing fertility care that is both safe and successful. “I try not to focus on the politics of care and spend my time on helping patients build their families. Our preliminary live birth rates for 2020 are at least 20-points higher than the U.S. average. Our combination of IVF, PGT-A, blastocyst biopsy, frozen embryo transfer, and single embryo transfer gives patients both safety and success,” offered Dr. Greene who has his own fertility wellness blog

With an IVF live birth rate of 69% in patients under 35 years old (2020, CDC) Conceptions Reproductive Associates of Colorado has been a pillar of success and hope for patients across Colorado and the US with clinical outcomes that meet or exceed US benchmarks.

At Conceptions, your success is supported by the latest validated treatments and technologies. Connect with Conceptions today, visit