The woman and her husband - known as Mr and Mrs M for - lost an action at the High Court last year, but did not give up and continued to fight for their daughter's eggs in the Court of Appeal.
The 60-year-old woman wants to carry her grandchild as it was her daughter's dying wish to "carry" her child.
The daughter - who is referred to as “A” for legal reasons - died in 2011 from bowel cancer and her dying wish was for her mother to carry and raise the child from her frozen eggs.
However, the mother and her husband took legal action against the Human Fertilisation and Embryology Authority (HFEA) who refused to release their daughter’s eggs.
The couple wanted to use the eggs with donor sperm at a US fertility treatment clinic, however the HFEA argued that their daughter did not give full written consent.
Although the Mrs M won her case at the Court of Appeal, it will still have to be reconsidered by the Human Fertilisation and Embryology Authority.
According to the Telegraph, the 60-year-old’s representative Jenni Richards argued at the Court of Appeal that there was “clear evidence” that their daughter wanted to them “to have her child after death”.
However, the counsel for the HFEA, Catherine Callaghan said in a written argument before the court, that the role of the court “is to determine whether Mr Justice Ouseley [who Mr and Mrs M are challenging following his dismissal of their case] erred in concluding that the HFEA’s statutory approvals committee acted lawfully and rationally in exercising its broad discretion to refuse to authorize export of the frozen eggs to a treatment centre in New York for use in the way proposed.”
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