Mother loses bid to use dead daughter's frozen eggs to give birth to grandchild

A mother has lost her bid to use the frozen eggs of her dead daughter so she could give birth to a grandchild, after a judge ruled there was insufficient evidence this was her late daughter’s wish.

The unnamed 59-year-old woman and her husband, 58 – whose daughter died from cancer aged 28 – had challenged a regulator’s refusal to allow them to transport the frozen eggs of their “only and much-loved child” to a US fertility treatment clinic.

Describing what he said was “a very sad case”, Mr. Justice Ouseley said the decision was partly due to a lack of paperwork: no document existed that explicitly detailed the daughter’s dying wish to have a child with her mother acting as a surrogate.

There was no evidence, Ouseley added, that the daughter had also considered vital matters like “the implications on her mother’s health, or the implications of her mother acting as a surrogate, namely that her mother would be the legal mother of her daughter’s child”.

It is thought that if the case had been won, Mrs. M could have become the first woman in the world to become pregnant using a dead daughter’s eggs.

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http://www.theguardian.com/society/2015/jun/15/mother-loses-bid-to-use-dead-daughters-frozen-eggs-to-give-birth-to-grandchild