Several criteria are being used to restrict access to medically assisted reproduction. In many countries, parental characteristics such as age and sexual orientation are used for this purpose. Valid use of such criteria is hampered by two elements: first, there is no consensus on which features good parents should possess, and second, there is a dearth of empirical data about the effect of parental characteristics on the wellbeing of the child. The Italian Court goes even a step further: they use such criteria, in this case parental age, not only to determine eligibility for assisted reproduction but also to terminate parental rights. However, termination of parental rights can only be justified when the child is abused or when there is a high risk of serious harm. Advanced parental age does not create such a situation.
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