Woman begs to use her dead daughter's frozen eggs to give birth to her own grandchild

, by Laura Ikeji

Her daughter died of cancer, but the 60-year-old is determined to not let that stand in the way of her having grandchildren



Plea: The Royal Courts of Justice, which houses the High Court

A woman has begged judges to allow her access to her late daughter's frozen eggs so she can give birth to her own grandchild.

The 60-year-old was turned down at the High Court last year after her daughter died of cancer.

But she has today pleaded to judges that she should be allowed to continue her legal challenge.

Two Court of Appeal judges in London were asked to grant her permission to challenge the June decision of Mr Justice Ouseley to dismiss her case.

Lord Justice Treacy, sitting with Lord Justice Floyd, acknowledged that it was a "very sad case".


Desperate: An egg is stored in preparation for IVF treatment

After hearing submissions on behalf of the woman and her 59-year-old husband, who were referred to as "Mr and Mrs M", the judges said they would take time to consider the arguments presented to them and give their decision at a later date.

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The mother attended the brief proceedings and said afterwards that she was "hopeful" the court would give permission to appeal. She pointed out that she was aged 55 when the legal process began.

During the High Court proceedings, Mr Justice Ouseley 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".

Her parents challenged an independent regulator's refusal to allow them to take the eggs of their "much-loved and only child" to a US fertility treatment clinic to be used with donor sperm.

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The Human Fertilisation and Embryology Authority (HFEA) said the eggs could not be released from storage in London because A did not give her full written consent before she died at the age of 28 in June 2011.