A 60 year old woman who wants to use her dead daughter's frozen eggs to give birth to her own grandchild is currently battling with judges to allow her fulfill the dying wishes of her 'much-loved and only child'.
The woman, whose daughter died of cancer in 2011, lost an action at the High Court last year - but is now asking three Court of Appeal judges to rule in her favour.
In the latest round of the case, the mother's QC, Jenni Richards, told the judges today that the woman wants to carry out her late daughter's wishes and 'raise that child'.
Ms Richards said that if the court did not overturn the High Court's ruling, the 'inevitable'
consequence would be that the eggs 'will simply be allowed to perish'.
The woman and her 59-year-old husband are challenging the decision of Mr Justice Ouseley last June to dismiss their case.
The parents, who are referred to as 'Mr and Mrs M', launched legal action after an independent regulator refused to give them permission to take their daughter's eggs to a fertility treatment clinic in America to be used with donor sperm.
The Human Fertilisation and Embryology Authority (HFEA) refused to release the eggs from storage in London because A did not give her full written consent before she died, aged just 28.
During the High Court proceedings last year, the judge was told that the daughter, who can only be referred to as 'A' for legal reasons, was desperate to have children and asked her mother to 'carry my babies'.
Mr Justice Ouseley heard that A would have been 'devastated' if she had known her eggs could not be used.
But he ruled that the HFEA had been entitled to find the daughter had not given 'the required consent' and said there had been no breach of the family's human rights.
Do you think the court should allow this 60 year old woman use her dead daughter's frozen eggs to give birth to her own grandchild?
The woman, whose daughter died of cancer in 2011, lost an action at the High Court last year - but is now asking three Court of Appeal judges to rule in her favour.
In the latest round of the case, the mother's QC, Jenni Richards, told the judges today that the woman wants to carry out her late daughter's wishes and 'raise that child'.
Ms Richards said that if the court did not overturn the High Court's ruling, the 'inevitable'
consequence would be that the eggs 'will simply be allowed to perish'.
The woman and her 59-year-old husband are challenging the decision of Mr Justice Ouseley last June to dismiss their case.
The parents, who are referred to as 'Mr and Mrs M', launched legal action after an independent regulator refused to give them permission to take their daughter's eggs to a fertility treatment clinic in America to be used with donor sperm.
The Human Fertilisation and Embryology Authority (HFEA) refused to release the eggs from storage in London because A did not give her full written consent before she died, aged just 28.
During the High Court proceedings last year, the judge was told that the daughter, who can only be referred to as 'A' for legal reasons, was desperate to have children and asked her mother to 'carry my babies'.
Mr Justice Ouseley heard that A would have been 'devastated' if she had known her eggs could not be used.
But he ruled that the HFEA had been entitled to find the daughter had not given 'the required consent' and said there had been no breach of the family's human rights.
Do you think the court should allow this 60 year old woman use her dead daughter's frozen eggs to give birth to her own grandchild?
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