After loosing a court case last year, a 60-year-old woman has approached three Court of Appeal judges to grant her permission to use her dead daughter’s frozen eggs to give birth to her grandchild.

The daughter, 28, succumbed to cancer in 2011 and her dying wish was for her mother to use her eggs to have her babies.


According to Daily Mail, the woman and her 59-year-old husband launched legal action against an independent regulator’s refusal to allow them to take their daughter’s eggs to a United States fertility treatment clinic to be used with donor sperm.


black ladyThe Human Fertilisation and Embryology Authority (HFEA) argue that they are not allowed to release the eggs because the daughter did not give full written consent before she died.

“I must dismiss this claim, though I do so conscious of the additional distress which this will bring to the claimants, whose aim has been to honour their daughter’s dying wish for something of her to live on after her untimely death,” said Mr Justice Ouseley who last year dismissed the case.

The mother’s lawyer, Ms Richards, argued that the daughter’s wishes were clearly evident that she wanted her mom to have her child and raise it.

HFEA  argues that Mr Justice Ouseley “did not err in concluding that the HFEA’s decision was lawful,” and opposes the appeal.

If the elderly couple lose the appeal, the eggs will not be used and a dying wish will go unanswered.

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