# IP upper age limit?



## Vickytick (Feb 25, 2011)

Hi

I'm at the early stages of investigating surrogacy and am hoping that someone could answer a question for me. I've read in a couple of places that the HFEA have guidelines that state the IP mother should not be older than 35 unless in exceptional circumstances. Is this a strict rule or simply a guide that some clinics adhere to? I'm 38 nearly 39 so if that was the rule I'd be prevented from going down this route.

Thanks


----------



## napy (Jun 17, 2011)

I think it depends on which country you are doing the IVF and surrogacy in?  In the US I don't think there is an upper age limit.  In Ukraine, I think they recently passed a law that the IPs had to be under 50.  Which country were you thinking about doing this in?


----------



## ♥JJ1♥ (Feb 11, 2006)

i recall the IM's age coming up when we discussing it with a UK clinic as I was over 40 then.


----------



## Vickytick (Feb 25, 2011)

Thanks Ladies.

It was actually this country and host surrogacy so my own eggs.

One of the London clinics I looked up stipulated that the IM had to be under 35 assuming because it was my own eggs and technically the quality drops after 35. But that does not appear to be my problem. On the rare occasions I have got pg in the last 12 years I have been unable to hold onto the baby and have had 2 failed ivf's as well. There is never anything wrong with the embryo so looking at other options. I'm not sure I can bear the heartbreak of another mc, not at my age anyway.

At least I know its not a standard rule.

x


----------



## LouGhevaert (May 18, 2009)

Hi

I just wanted to add a few comments below which I hope are helpful.

There is no age limit for fertility treatment under UK law.  The HFEA does not set any age limits for treatment either.  However, a clinician must decide whether it is appropriate to treat a patient (for example whether their health will allow them to undergo treatment and whether they can cope with carrying a pregnancy).  

The HFEA also requires UK clinics to carry out a Welfare of the Child assessment before starting treatment. There is, however, a presumption to provide treatment unless there is evidence that the child is likely to experience serious harm.

However, the HFEA does set age limits for donors.  The age limit for egg donors is 35 and the age limit for sperm donors is aged 18-41 (although further guidelines say sperm should not be taken from donors aged 41 or over).

Each clinic has its own guidelines governing who they will and won't treat and this varies between clinics. Relevant factors in surrogacy situations should therefore be whether patients are using their own embryos (created with the woman's eggs when she was aged 35 or under and the man's sperm aged 40 and under) or whether donor eggs or sperm are used that comply with the HFEA age limits.

For treatment purposes this means you are being treated as an egg donor as you are not the person carrying the pregnancy and you are restricted by the age limits above. 

All the best

Louisa


----------



## Vickytick (Feb 25, 2011)

Thank you for clarifying that

It makes sense that you are technically the donor. Assuming from that i would have to find a clinic that did not insist on doors being under 35 as I have no frozen embryos if I was to persue this route. Or ill have to rule ot surrogacy as an option in the UK.


----------



## ♥JJ1♥ (Feb 11, 2006)

London Women's Clinic, ARGC , CRGH and Create were the London clinics ok with using my own eggs when I was 42 into a surrogate- when I was planning a few yrs back x


----------



## LouGhevaert (May 18, 2009)

Hi Alice

Clinics will often treat an intended father as a donor, but if the surrogate is unmarried then he will be the child's legal father under English law (as well as the biological father) which may help with accessing treatment and navigating age limits.

That said policy does vary from clinic to clinic and they will make their own decision about the basis upon which they will offer treatment.

I hope this helps.

Louisa


----------

