A mother in her sixties is to challenge a court ruling that states she cannot use her late daughter’s frozen eggs.
The woman, referred to only as 'Mrs M', lost her 28-year-old daughter in 2011 after a battle with bowel cancer.
Following the young woman’s death, her mother took to the High Court to be given permission to give birth to her own grandchildren, after her daughter, who is only referred to as 'A' reportedly told her mum to “carry my babies”.
The unnamed mum wanted to export the eggs to New York, where a clinic had agreed to provide the treatment.
However, as 'A' had not given her full written consent, the Human Fertilisation and Embryology Authority in London sad they couldn't release the eggs.
During the court proceedings last summer, Mr Justice Ouseley said that the family’s human rights had not been breached and 'Mrs M' was not given permission.
However, she now plans to take her case to the Court of Appeal in a bid to have the ruling overturned.
Last year, Mr Justice Ouseley ruled that the HFEA was entitled to state that the deceased woman had not given “the required consent”, saying: “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 case will now be taken before Sir James Munby, president of the High Court's family division, sitting in London with Lady Justice Arden and Lord Justice Burnett.
