As culled from Sowetan Live report, a woman who wants to use her dead daughter’s frozen eggs to give birth to her own grandchild has won the rights to do so after a five year-legal battle.
The 60-year-old woman and her 59-year-old husband had launched legal action against an independent regulator after it refused them taking their daughter’s frozen eggs to a United States fertility treatment clinic to be used with donor sperm.
The woman’s 28-year-old daughter, who passed away in 2011 after a fight with cancer had requested her mother to carry a child created from her frozen eggs “and raise that child”.
High Court’s Mr Justice Ouseley, who dismissed the case last June said “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.”
The woman’s appeal was also opposed by the Human Fertilisation and Embryology Authority (HFEA) who refused to release the frozen eggs because the daughter did not give full written approval before she died.
“The law requires us to consider whether there is sufficient evidence of informed consent. After looking at the matter in great detail we decided that there wasn’t, a decision which was supported by the High Court,” the HFEA said.
Afterwards, the woman approached three Court of Appeal judges to allow her carry out her much-loved and only child’s wish.
The woman’s spokesperson, Jenni Richards also told the Appeal Court that if the High Court’s ruling is not overturned, the “inevitable” consequence would be that the eggs “will simply be allowed to perish”.
At last, the Court of Appeal ruled that the eggs be released to the woman.
Responding, HFEA promised to reconsider the case as soon as possible. It said: “Today’s judgment by the Court of Appeal reaffirms the need for informed consent but concludes that there is sufficient evidence of Mr and Mrs M’s daughter’s true wishes.”
The woman will now travel to the United States and use donor sperm to carry out her dead daughter’s last wish having won the legal battle.