A 60-year-old woman who wants to carry and give birth to the child of her late daughter has a “real prospect of success” according to the Court of Appeal.
She has the won the right to challenge a decision that ruled against her using the frozen eggs of her daughter, 28, who died of cancer in 2011.
The 60-year-old, who can only be identified as ‘Mrs M’, argues that her late daughter’s wish was to be able to have children, and that the two had discussed using the eggs.
Mrs M wants to take it to a clinic to be fertilised by a sperm donor.
This is thought to be the first case of its kind in the world.
The process has been a hurdle for the woman as the Human Fertilisation and Embryology Authority (HFEA) last year denied giving her permission to have the eggs because there was no official written authorisation given from the daughter.
Two senior judges of the High Court have now allowed Mrs M and her 59-year-old husband to challenge it.
The case will now be heard in more detail at a one-day hearing at the Court of Appeal.
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