After not being able to find a British clinic that would implant her with the eggs from her daughter, who died of cancer in 2011 at the age of 28, the woman tried to bring the eggs to the US to get it done with donor sperm—but London's High Court ruled last year her plan was a no-go, saying there wasn't enough evidence that the daughter had wanted her mom to be her surrogate.
But Thursday, a three-judge panel was swayed by the woman (known only as Mrs. M.), whose lawyer said she simply wants to carry out the wishes of her "much-loved and only child" by giving birth to and raising her grandchild as her own, per the Telegraph.
The Human Fertilization and Embryology Authority had argued that, while it was sympathetic to the plight of the woman and her 59-year-old husband to "keep their daughter's memory alive," it had acted "lawfully and rationally" by not allowing the eggs to be brought to the US to be transplanted into Mrs. M., as the daughter hadn't provided full written consent. But Mrs. M.'s lawyer explained that if the appeals court didn't overturn the High Court's ruling, those eggs would "simply be allowed to perish"—and the High Court agreed the case was compelling enough to be sent back to the HFEA for reconsideration, which is where the decision once more lies.
This article originally appeared on Newser: UK Woman One Step Closer to Carrying Dead Daughter's Child
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