– Court of Appeal grants woman, 60, go-ahead to fly to US for IVF treatment
– She will use her dead daughter’s frozen eggs in pregnancy attempt
– High Court had previously banned the woman from using the eggs
A woman who wants to use her dead daughter’s frozen eggs to give birth to her own grandchild is a step closer.
The 60-year-old has been cleared by health experts to take her daughter’s eggs to the US for IVF treatment.
There she hopes to use donor sperm to conceive her daughter’s child after she died aged 28 from bowel cancer.
A 60-year-old woman has been cleared by health experts to go and attempt IVF in America to give birth to her daughter’s child after she died from bowl cancer and it was her dying wish
The woman claims her daughter, who was single, asked her to carry her babies but failed to complete a consent form.
She sparked a five year legal battle and last year the High Court refused permission but that was overturned by the Court of Appeal in July.
If the treatment is successful the woman, known only as Mrs M, will give birth next year – six years after her daughter died.
The Court of Appeal, pictured, overturned a High Court ruling in July banning a 60-year-old woman from using her dead daughter’s frozen eggs in IVF treatment
The Court of Appeal overturned a High Court verdict banning the woman from taking her late daughter’s eggs for IVF.
The High Court had agreed with fertility regulator, the Human Fertilisation and Embryology Authority (HFEA), that Mrs M’s daughter had never given explicit consent for her eggs to be used in that way.
But appeal judges rejected the ruling, saying there was enough evidence to conclude the daughter, who died of cancer at 29, had given consent for her mother to use the eggs.
Rather than direct the fertility regulator to release the frozen eggs to Mrs M, judges ordered the HFEA to look at the matter afresh.
The regulator said it would make a decision ‘as soon as possible’ on the case – revealed last year by The Mail on Sunday – and a source indicated it is highly unlikely the HFEA will go against the judgment.
The woman, known only as Mrs M, can now fly to the US and use the frozen eggs (file picture) to give birth to her own grandchild
Speaking to The Sun a spokesman from HEFA said: ‘This has been a difficult case. Such issues of consent are the cornerstone of the law and needed to be carefully considered.’
Mrs M commented: ‘It’s [mine and my husband’s] hope others who find themselves in a similar situation will not have to go through the protracted heartache we’ve had.’
– the Sun