25 Feb 16

This is so wrong in so many ways! Bordering incest. A 60-year-old woman in Britain wants to carry the frozen eggs of her deceased daughter who died of cancer. She hopes to give birth to a grandchild. A court is allowing the woman and her husband to appeal a ban on their efforts. CBS News legal expert Rikki Kleiman joins “CBS This Morning” to discuss the case.

Woman, 60, fights for right to give birth to her dead daughter’s baby using her frozen eggs 

• The 60-year-old woman’s daughter froze her eggs before she died in 2011
• Woman wants to use the frozen eggs to give birth to her own grandchild
• Daughter had them frozen after being diagnosed with bowel cancer aged 23
• Mother’s case dismissed at High Court but she can now challenge decision

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Two senior judges have allowed a 60-year-old woman to continue to fight an extraordinary legal battle that may allow her to give birth to her dead daughter’s baby.

The woman, who would be at least 61 by the time the child is conceived, has been given the right to appeal against a High Court decision that there was not enough evidence to suggest that the daughter would have wanted her mother to give birth to the baby.

The case has dragged through the courts for five years and in a judgment statement read out by Lord Justice Treacy at the Court of Appeal yesterday judges said the woman had ‘an arguable case with a real prospect of success’.

If she and her 59-year-old husband are granted permission to use the frozen eggs, which are stored in a London clinic, it is believed that it will be the first time in the world that a grandmother would give birth to her dead child’s baby.

No date has been set for the Appeal Court hearing. Once that is held it is possible that the losing party could then take the matter to the Supreme Court, further lengthening the already prolonged legal wrangling.

The couple’s daughter, who cannot be named for legal reasons and was referred to as ‘AM’ in court proceedings, died aged 28 in 2011 but had frozen her eggs five years previously when she was diagnosed with bowel cancer.

Her parents, referred to as Mr and Mrs M, say their daughter wanted her mother to carry a child in the event that she did not survive. However, the Human Fertilisation and Embryology Authority (HFEA) refused to release the eggs because she had not provided full written permission. READ MORE

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