A woman who wants to use her dead daughter’s eggs to give birth to her own grandchild has urged Court of Appeal to allow her to continue her legal battle.
The 60-year-old and her husband, who have not been named and are referred to as ‘Mr and Mrs M’, lost an action at the High Court last year.
Her daughter, referred to as ‘A’, died of cancer aged 28 in 2011. It was thought that if the case had been won, ‘Mrs M’ could have become the first woman in the world to become pregnant using a dead daughter’s eggs.
During the previous High Court proceedings, Mr Justice Ouseley was told that the daughter was desperate to have children and asked her mother to “carry my babies”.
The judge heard that ‘A’ would have been “devastated” if she had known her eggs could not be used.
However the Human Fertilisation and Embryology Authority (HFEA) said the eggs could not be released from storage because ‘A’ did not give her full written consent before she died.
The judge dismissed the case, ruling that the HFEA had been entitled to find the daughter had not given “the required consent”.
Jenni Richards QC, for the parents, told two appeal judges today that there was “clear evidence” of what ‘A’ wanted to happen to her eggs after she died.
She argued: “We say an appeal would have a realistic prospect of success.” The judges said they would take time to consider the arguments presented to them and give their decision at a later date.