A woman now aged almost 70 who gave birth to twins at 64 after having assisted reproduction treatment has lost custody of her twins after a court ruled they do not believe she can care for them properly.
The Spanish Supreme court ruling brings to end a four-year legal battle by the woman identified only by the first name Mauricia I. in the city of Burgos, in the autonomous community of Castilla y Leon, in the north-west of the country.
According to national newspaper ABC, the court found that the twins were “in a clear situation of vulnerability” due to their mother’s inability to care for them properly, but insisted the decision to remove them was not because of her age or mental health. The court said the decision was because of “the indicators of the risk of minors and given the difficulties of the mother shown for some time “.
They added that the kids were not kept in “optimal conditions” and the woman also did not have a social support network or a family to help.
Mauricia gave birth to the twins, who are now four, at the age of 64, after travelling to the United States for assisted reproduction treatment.
She said: “Being able to have children at an older age is not a gift its an ability.”
However, shortly afterwards, social services assumed guardianship of the babies coming to the conclusion that they were at risk.
She was allowed to keep in contact with her babies on the condition she was closely monitored by social services however they decided that she was not following their advice closely enough, and therefore decided to remove them permanently.
The move was challenged by the woman, but her appeal was rejected by the Family Court, the provincial court and now by the Supreme Court, which ordered them placed in foster care because of a lack of proper protection with their current mother.
Speaking to national news outlet Telecinco, Mauricia insisted the court was wrong as the babies were always better with their mother, saying that the case was all about what was best for the kids, not for her.
The mother has however exhorted her options for now after the most recent ruling at the Supreme Court.
The court heard during the hearing how Mauricia has another daughter also through assisted reproduction, now 11, who lives in Canada.
She was also ruled unfit to care for that child in a ruling in 2014 and she was then taken into foster care.
According to ABC, the court said she is allowed to appeal again every two years, although “they do not predict a different outcome in the short term.”