Woman, 69, who gave birth to twins is ruled unfit to care for them by Spanish court
A 69-year-old Spanish woman has lost custody of the twins she gave birth to aged 64 after Spain’s highest court ruled that she was incapable of looking after them.
The Supreme Court ruling on Monday brings to an end a four-year legal battle by the woman, Mauricia Ibanez, who gave birth to the twins – Gabriel and Maria de la Cruz – in 2017 after having fertility treatment in the United States.
The decision was not based on the woman’s age or mental health, the court said, but rather on the ‘evaluations of experts.’
A report issued by the Provincial Court of Burgos at the time of their initial ruling, cited: ‘ the mother’s personality traits significantly affected the affective and psychosocial development of the minors.’
It added that ‘non-existent’ family relationships, isolation and a lack of a supportive social network were also of concern.
The twins, now aged four, were taken into foster care shortly after they were born in 2017 because they were considered to be at risk.
Mauricia also has another child who was placed into foster care in 2014 after the mother was ruled unfit to care for her.The daughter, now aged 11, was also born through IVF and lives in Canada.
Mauricia was allowed to maintain contact with the twins after they were taken into care on the condition that she was closely monitored by social services, however it was decided that she had not been following their advice closely enough and the children were permanently removed from her care.
She challenged the decision, but her appeal was rejected by the local Family Court, in a decision now upheld by the Supreme Court.
Mauricia has exhausted her legal options for now but can request that the court review its decision every two years. The court said it did not predict a different outcome in the short term.