The Court of Appeal has granted an appeal by a 60-year old woman who wants to use her dead daughter's frozen eggs to give birth to a grandchild. Yesterday, the Court of Appeal overturned the decision of Mr Justice Ouseley, who had concluded that the Human Fertilisation and Embryology Authority had acted lawfully in refusing to permit the woman to export the frozen eggs for use in her own treatment in the United States. The Court of Appeal considered that the HFEA's decision was flawed because it had misstated some of the evidence of the daughter's wishes about posthumous use of her eggs and had failed to explain why the daughter needed to receive certain information about the proposed treatment before her death. The Court remitted the decision back to the HFEA for further consideration of the export application.
The full judgment can be read in the attached pdf.
Catherine Callaghan acted for the HFEA.