Medical providers in states where abortion has already been outlawed — like Texas — have reported an uptick in requests for permanent birth control procedures following the Supreme Court’s Dobbs ruling. In Pennsylvania, abortion is still legal through 23 weeks of pregnancy, and later than 23 weeks if the pregnant person’s health is at risk. But uncertainty about the state of reproductive rights in the country — and a looming November election — has led some people in the Keystone State to make some serious considerations about how to permanently prevent pregnancy.
Luckily for Thompson, she faced no resistance when requesting to schedule the procedure with Dr. Rebecca Mercier, an obstetrician and gynecologist at Jefferson Health.
Mercier said that following the reversal of Roe, her office has received a spike in messages from concerned patients about contraception, as well as increased interest in tubal surgery.
She said her other patients have shared similar sentiments to Thompson.
“It’s something they’ve been considering and thinking about committing to,” said Mercier, who is also an assistant professor of family planning at Thomas Jefferson University. “And now, they really feel that they need to do everything that is available to them to prevent that unwanted pregnancy from happening to them in the future.”
And men, too, are opting for permanent birth control — Jefferson Health told WHYY News that primary care providers at the health system have seen an uptick in vasectomy interest following the overturn of Roe v. Wade. Jefferson referred 42 patients for vasectomies in July 2022. Before then, the monthly average for vasectomy referrals was 24.
According to the Centers for Disease Control and Prevention, 18% of women between ages 15 and 49 who use some form of contraception have undergone a sterilization procedure — making it the most common form of birth control in the country. That’s followed by birth control pills (14% of women in that age group), then intrauterine implants and devices (10%), then condoms (8%). Only around 5% use vasectomies as their main method to prevent pregnancy.
Dr. Laura Lindberg, a professor at the Rutgers School of Public Health who studies reproductive health, said she thinks there will be continued interest in permanent birth control procedures in a post-Roe world.
But, she emphasized that the Supreme Court decision has made procedures like tubal sterilization a “constrained choice.”
“I don’t think this is the perfect choice for everyone. It’s being made against other options being taken away,” Lindberg said. “We need to work to ensure that people have a full range of reproductive choices, including access to different types of contraception and abortion, to help them choose if or when to have a child. And sterilization is a valid and valuable choice, but shouldn’t be made because it’s the only choice that people feel that they have.”
If nothing else, physicians in the region say they hope the Roe decision will lead to more discussion and awareness about birth control methods, including tubal sterilization and vasectomy. And now, more than ever, physicians say it’s important to help their patients make informed decisions, while balancing their right to bodily autonomy.
Avoiding medical paternalism
Guidelines from the American College of Obstetricians and Gynecologists say physicians should respect their patients’ reproductive autonomy, while also counseling them about the permanence of tubal sterilization and explaining all of their birth control options.
However, there have been several anecdotal stories about younger, childless adults being denied tubal sterilization, according to experts interviewed for this story. The issue has prompted a Reddit page that lists physicians in each state who are “child-free friendly.”
One study, published in 2006 in the journal “Contraception,” found that people who have tubal sterilization under 30 are more likely to regret the decision than those over 30. Studies like this one might be one reason why some physicians have denied tubal sterilization to younger patients in the past, Mercier said.
These decisions should never be up to the provider, however, she and other physicians say.
Dr. Karen Antell, director of Maternity and Women’s Health Education at ChristianaCare, said she believes patient autonomy has improved over the years.
“Many more of our physicians, especially in OB-GYN, are female, and not educated in such a traditional environment where patients, especially female patients, were told what they should do,” she said.
Mercier said physicians must try to strike a balance between allowing personal autonomy and ensuring patients are fully aware that the procedure is permanent.
“It is not my responsibility, nor am I able to make sure that a patient won’t regret this decision in the future,” she said. “What my role is is to counsel the patients very clearly, be certain that they understand the permanent nature of the procedure, be certain that they understand … that there are people who do [regret it].”
Mercier said she has had patients who have regretted the procedure, but, “thankfully, that is a small number of patients.”
If a patient thinks there is a chance they might want to get pregnant in the future, other birth control methods are the better option, Antell said. But if a patient insists: “If that’s what she wants, then there’s no legal reason why we shouldn’t be providing that.”
Gloria Bachman, an OB-GYN and associate dean for women’s health at Rutgers Robert Wood Johnson Medical School, said it’s also important that the clinician make sure the patient is not making any decision under the influence of others.
“That decision to have a sterilization procedure should be done in an environment where there is no trauma, there’s no duress, there’s no one influencing that decision, including significant others that may be speaking for the women,” Bachman said. “Another point is the woman, or the trans man, should be counseled in a private setting without others around.”
Because of requirements in the Affordable Care Act, most health insurance companies cover the cost of tubal sterilization, but there are some disparities, Mercier said. Medicaid requires patients to wait 30 days between consultation and surgery. The requirement was put into place in the 1970s to protect patients, given the country’s history of non-consensual sterilizations.
Mercier said though the requirement might have good intentions, it means there’s an extra hurdle for Medicaid patients that commercially-insured patients don’t have to face.
“It is not something that stops most people, but it is an extra barrier, and the people who face that barrier are often our underserved, under-resourced communities,” she said.
That also means that people of color may be disproportionately lacking access to the procedure — in Pennsylvania, 42% of Black people and 43% of Hispanic people are on Medicaid, compared to 16% of white people.