Woman cleared for court challenge to use dead daughter's eggs

A British woman who wants to use her dead daughter's frozen eggs to give birth to her own grandchild has persuaded leading judges to allow her to continue her legal battle.

The 60-year-old, whose daughter died of cancer, lost an action at the High Court last year.

Two Court of Appeal judges were asked at a recent hearing in London to grant permission to the woman and her 59-year-old husband to challenge the June decision of Mr Justice Ouseley to dismiss their case.

Lord Justice Treacy and Lord Justice Floyd ruled on Wednesday that the couple should have permission.

During the High Court proceedings, Mr Justice Ouseley was told that the daughter, who can only be referred to as ''A'' for legal reasons, was desperate to have children and asked her mother to ''carry my babies''.

Her parents, who are referred to as "Mr and Mrs M", challenged an independent regulator's refusal to allow them to take the eggs of their ''much-loved and only child'' to a US fertility treatment clinic to be used with donor sperm.

The Human Fertilisation and Embryology Authority (HFEA) said the eggs could not be released from storage in London because A did not give her full written consent before she died...