Maria del Carmen Bousada has died. She was 69. In her death, Bousada has left behind twin boys who are not yet three years old. Young twins? Yes. Bousada became a mother at age 66 through in vitro fertilization. You can read an article about her death here.
This situation should cause us all to stop and think about the legal and ethical issues involved.
First, there are the legal questions. Should there be an age limit on who is eligible for procedures such as in vitro fertilization? There currently is no law in the U.S. that would prohibit a woman of any age from undergoing this procedure. The clinic in L.A. that performed the process on Bousada has a cutoff age of 55, but Bousada simply lied about her age to get around it. If we establish a legal cutoff age, would it not be age discrimination?
Secondly, there are the ethical concerns. Should a woman have a child at such an advanced age? The likelihood of her death is very high, so the probability of her caring for the children long-term is extremely low. Should a person who knows they are unlikely to be able to offer long-term care seek to have children? If not, how does this apply to younger would-be moms who are battling illnesses such as cancer, but are considering having a child?
As we consider the issue, we must not only think of the rights of the mother, but also the rights and welfare of the child(ren). Should laws, or our ethical reasoning, be influenced by doing what is best for the children involved, or should we only focus on the mother?
What are your thoughts?