Last January Andriana Illiescu, an unmarried Romanian writer gave birth to a daughter, Eliza Marie, by Caesarian section in a Bucharest hospital. Ms. Illiescu was 66 years old at the time. The child was the result of advanced reproductive technology involving the implant of a donor egg and donor sperm. The child was born prematurely and two prior implant attempts involved still births.
In a recent commentary on MSNBC, Arthur L. Caplan, Director of the Center for Bioethics at the University of Pennsylvania, argued that Ms. Illiescu’s physician was unethical in implanting Ms. Illiescu because she was too old. He suggests that her age presents too much of a risk for both mother and child. Dr. Caplan advances a maximum age cap of 65 (130 if husband and wife are involved). He advises that every potential mother over 55 should be subjected to a vigorous physical exam before being permitted to carry a child. He advocates immediate action by physicians and state legislators to implement the age barriers immediately. Caplan points out that when Eliza Marie enters high school, Ms. Illiescu will be in her 80s.
The wisdom of having a child at an advanced age is certainly questionable for all the reasons Caplan advances. The wisdom of passing laws limiting the age of reproduction to 65 it equally problematic. Why 65 and not 66? This mandatory retirement from the reproductive eligibility fails to take into account the physical differences between individuals of the same age and the limit is purely arbitrary. It interferes with a woman’s right to choose—to have children. Certainly there are risks involved but there are similar risks for much younger women who are struggling to overcome reproductive difficulties. Childbirth itself can be a risky business. There may be a slippery slope of state interference in the zone of reproductive privacy when it gets into the business of deciding who can or cannot bear children. As Caplan points out there is no limit on the age of paternity and his proposed ban would discriminate against women. James Doohan, “Scotty” on Star Trek, fathered a child when he was eighty. “Beam me up Scotty!”
