Woman fights deceased daughter egg case

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A 60-year-old woman who wants to use her late daughter’s frozen eggs to give birth to her own grandchild is continuing her legal battle.

The woman is appealing against the UK regulator’s refusal to allow her to take her only child’s eggs to a US clinic to be used with donor sperm.

Her daughter, who died five years ago, was said to have approved of the plan.

The mother lost a High Court case last year but was subsequently granted permission to challenge the decision.

A panel of three judges will hear the latest round of the case at the Court of Appeal in London.

The Human Fertilisation and Embryology Authority (HFEA) said in 2014 that the daughter’s eggs could not be released from storage in London because she did not give her full written consent before she died from cancer at the age of 28.

‘Required consent’

During later High Court proceedings in June 2015, the court was told her daughter was desperate to have children and had asked her mother to “carry my babies”.

Lawyers acting for the mother and her 59-year-old husband told Mr Justice Ouseley the daughter would have been “devastated” if she had known her eggs could not be used.

But the judge ruled that the HFEA was entitled to find the daughter had not given “the required consent” and said there had been no breach of the family’s human rights.

Although she consented for her eggs to be stored for use after her death, she did not fill in a separate form outlining how she wished them to be used.

He said he was dismissing the case “conscious of the additional distress which this will bring to the claimants, whose aim has been to honour their daughter’s dying wish”.

It was thought if the case had been successful her mother could have become the first person in the world to become pregnant using a dead daughter’s eggs.

In February 2016, when seeking permission to appeal, her lawyers argued there was “clear evidence” of what the daughter wanted to happen to her eggs when she died.

‘Prospect of success’

Lord Justice Treacy said the case papers had left him doubtful as to whether there would be “sufficiently strong” reasons to allow the challenge to continue further.

But after hearing submissions in court, he concluded there was “an arguable case with a real prospect of success”.

The case will be aired before Sir James Munby, president of the High Court’s family division.

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