Page URL:

Court of Appeal hears woman's bid to use deceased daughter's eggs

31 May 2016
Appeared in BioNews 853

The Court of Appeal has heard a woman's bid to use her daughter's eggs after her death to create a child.

The woman, known as IM, wants to take her deceased daughter's frozen eggs to the USA in order to have a child, which she claims was her daughter's wish (see BioNews 801).

In June last year, Mr Justice Ouseley in the High Court said that the Human Fertilisation and Embryology Authority's (HFEA) decision to refuse an export licence to enable IM to take the eggs abroad was lawful (see BioNews 807).

The use of gametes after a person's death is permitted in the UK, but that person must have given their consent to such a use. The HFEA has discretion to permit the export of gametes in some cases but decided not to do so in this instance, saying there was insufficient evidence that the daughter had consented to the eggs being used in such a way by her parents.

Lord Justice Treacy granted IM permission to appeal last February (see BioNews 841), saying her case was 'arguable'. The Court of Appeal has now heard the case and will give its decision at a later date.

In a written statement to the court, the HFEA said that while it was 'natural to feel sympathy for the appellants' loss and for their wish to keep their daughter's memory alive', the task for the court was not to determine if she should receive treatment, but whether the High Court had 'erred in concluding that the HFEA's statutory approvals committee acted lawfully and rationally in exercising its broad discretion to refuse to authorise export of the frozen eggs'.

Representing IM, Jenni Richards QC said that it was the daughter's wish that her parents would use the frozen eggs and 'raise that child'. If she would not be allowed to do so then the eggs would 'simply be allowed to perish', reports BBC News.

19 September 2016 - by Antony Starza-Allen 
The Human Fertilisation and Embryology Authority has allowed a woman wanting to conceive using her dead daughter's eggs to export them to the US for treatment...
4 July 2016 - by Antony Starza-Allen 
A woman who is seeking to use her deceased daughter's frozen eggs to have a child has successfully appealed a ruling made against her...
29 February 2016 - by Antony Starza-Allen 
A woman who is in a legal bid to use her deceased daughter's eggs has been given permission to take her case to the Court of Appeal...
22 June 2015 - by Antony Starza-Allen 
The High Court has ruled that a decision not to allow a mother to take her deceased daughter's eggs for fertility treatment overseas was lawful...
11 May 2015 - by Dr Rachel Montgomery 
A 59-year-old woman has initiated an unprecedented legal battle to take possession of her deceased daughter's eggs in order to act as a surrogate for her own grandchild...
2 March 2015 - by Ruth Retassie 
A British woman is in a legal bid to become pregnant using her deceased daughter's eggs, reports the Daily Mail. The mother, aged 59, said it was her daughter's dying wish before she died of bowel cancer four years ago...
to add a Comment.

By posting a comment you agree to abide by the BioNews terms and conditions

Syndicate this story - click here to enquire about using this story.