Mother given permission to appeal regarding deceased daughter’s eggs

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The case of RM v HFEA (Re M) involves a mother who lost her daughter to cancer, aged 28, and is now seeking permission to fulfil her daughter’s wish of using her stored frozen eggs to conceive a baby. The court of Appeal has given permission to appeal the High Court decision after she was refused consent to transport her daughter’s frozen eggs.

In this case the mother and father, known as Mr and Mrs M, were refused treatment in the UK therefore; asked for permission from the Human Fertilisation and Embryology Authority to transport the frozen eggs to America where there were doctors willing to commence treatment. However, the HFEA refused to release the eggs and the couple took to the High Court to challenge this decision. The High Court ruled against the mother and the father due to a lack of evidence for consent. Although the daughter had voiced to her parents, family members and friends that she wanted her mother to use the eggs so they did not go to waste, the High Court found there was insufficient written evidence expressly detailing the daughter’s wishes.

However, this issue will now be left to the Court of Appeal in a full hearing where they will discuss the issue of consent and consider the evidence in order to rule whether or not the frozen eggs can be transported overseas for treatment.

Mrs M issued the following statement after the Court of Appeal allowed permission:
‘We hope that the Court of Appeal will recognise the overwhelming evidence of her wishes. We know that the chances of conceiving a grandchild are very small, but in the unlikely event we are successful, it would mean the birth of a child who would be loved and cherished by us and the rest of our family. That was absolutely what our daughter wanted; we will do everything we can to fight for her and to honour her wishes.’

To read more about this ruling please visit The Guardian’s website.

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