Woman, 43, loses legal IVF fight over age limit

A couple have lost their legal battle against the Embryo Protection Authority over its refusal to allow them to go through another IVF cycle because the woman had turned 43.

The couple unsuccessfully argued that the authority’s refusal was in breach of their human right for the respect of their private and family life. They argued that the 25 to 42 age bracket criteria for eligibility was impinging on this right.

But the Constitutional Court, presided over by Chief Justice Joseph Azzopardi, Mr Justice Giannino Caruana Demajo and Mr Justice Noel Cuschieri, upheld an earlier decision of the First Hall of the Civil Court that the maximum age was “medically justified” and had been determined following wide consultation among the most experienced professionals in the field.   

The couple, who The Sunday Times of Malta is choosing not to name out of respect for their privacy, were struggling to conceive so they began looking at the possibility of IVF.

The court heard that in 2014 the couple filed an application with the Embryo Protection Authority to benefit from the assisted procreation procedure. Since the woman was approaching the maximum permissible age, she was given permission...