Ethical Considerations in Qualitative Research After Dobbs

The verdict in the Dobbs case will undoubtedly have an impact on the United States research enterprise for years to come. Since the landmark decision was handed down by the high court, researchers have warned of the impacts that the decision will have on clinical research. However, there is less discussion about how qualitative researchers will be impacted by this decision. Oftentimes, qualitative researchers are asking their participants to be vulnerable and to let researchers be privy to intimate and/or confidential details about their lives. In exchange for such access, researchers need to ensure the protection of their participants and conduct their research in an ethical manner. Given the rise of anti-abortion laws, it is difficult for qualitative researchers to understand the true scope of the Dobbs decision on reproductive healthcare. For potential research participants, they may be hesitant to share their voices on any subject concerning reproduction, not only abortion, for fears of legal retribution if the courts make a decision regarding a different aspect of reproduction (i.e., in vitro fertilization and mail-order abortions). For researchers that continue to conduct reproductive healthcare research, new ethical considerations are apparent as researchers need to attune to their participants’ confidentiality concerns and their own well-being as they conduct increasingly stigmatized research. This Article is composed of three parts. Part I provides a brief overview of qualitative methods and how these methods have been used to advanced reproductive healthcare efforts in the United States. Part II explores the ethical considerations of conducting reproductive research after Dobbs, and it is framed by the ethical criterion of excellent qualitative research. Part III explores how using an evolving relational ethics framework can help researchers better attune to their participants’ confidentiality concerns while also better protecting their own mental health. Ultimately, it is vital to continue attempts to incorporate the lived experiences of these individuals in qualitative research regarding reproduction in order to consider how to move forward with policies of reproduction in the United States.