A 60-year-old woman has been granted permission to appeal against a ban on her using her dead daughter’s frozen eggs to become a grandmother.
The daughter, who died four years ago, had her eggs frozen after being diagnosed with bowel cancer at the age of 23. In previous hearings, it was claimed that the daughter had told her mother on her death bed:
"They are never going to let me leave this hospital – the only way I will get out of here will be in a body bag. I want you to carry my babies. I didn’t go through IVF to save my eggs for nothing."
The Human Fertilisation and Embryology Authority (HFEA) refused to release the eggs because the mother had not provided full written permission. In a High Court ruling last year, Mr Justice Ouseley upheld the decision by the HFEA that there had been no breach of the family's human rights by banning the move.
However, in a two-page decision, Lord Justice Floyd and Lord Justice Treacy granted the mother permission to appeal, arguing the HFEA's decision was "too stringent".
Lord Justice Treacy went on to say that "there had been a failure to approach the available evidence correctly in relation to... a conversation between the [daughter] and the mother."
In this unprecedented case, the mother’s application to appeal claims that there is sufficient evidence to show that the mother is carrying out the wish of her late daughter.
An HFEA spokesman told the Daily Mail:
"We considered their application on three separate occasions, concluding each time that the consent given did not satisfy the requirements of the law. Our decisions were then reviewed by a High Court judge, who supported our view.
"We will read today’s decision to grant appeal carefully. Out of respect for Mrs M and her family, and for the ongoing legal process, it would be inappropriate for us to comment further at this time."
Following the ruling in June, Chief Executive of Christian Concern Andrea Williams noted:
"Mr Justice Ouseley made the right decision but failed to acknowledge any moral imperative in this case.
"Just because something is possible does not make it the right thing to do.
"We are going to see an increasing number of cases such as this one. It is vital to continue to uphold and protect God’s good pattern for family life."
'Painful and hard'
Following yesterday’s ruling she added:
"I am deeply saddened that this appeal has been granted. This is a sad situation.
"This is a moral and ethical minefield. Rather than grieving the loss of her daughter the mother is now trying to ‘replace’ the loss by trying to have a granddaughter by carrying her dead daughter’s egg.
"It is painful and hard, but this cannot be the answer.
"The best interests of the child that may be born have not been taken into account in this case. The mother is the grandmother and 60 years, grieving her daughter and the genetic mother of the child. The father would be a sperm donor. The child would be deliberately of his or her mother and father. All to satisfy the possible wishes of a dying woman and the grieving mother she has left behind.
"Hard cases make bad law. This is highly emotionally charged but it is important that right moral and ethical choices are made."
Related Links:
The chaos of fertility on demand
'Let me carry baby for my dead daughter'
High Court Ruling: Woman cannot bear daughter's child
Woman, 60, fights for right to give birth to her dead daughter's baby using her frozen eggs (Mail)
Mother can appeal over daughter’s frozen eggs (Times Law £)