Court reserves judgement in the battle about using dead daughters frozen eggs

So this article has racked up a considerable amount of press coverage both in the legal field (understandably) but also in general news (and no doubt this is because of the unusual circumstances and the ethical/moral responses to the situation).

At present the High Court has reserved judgement in the case whereby a woman has requested to use her dead daughter’s frozen eggs in an attempt to give birth to her own grandchild.

I am not quite sure what my views are on this as it is a situation I have never read about before… It is a totally unique situation.

I can understand why some people are extremely dubious about this and can see why they find it weird, but at the same time I see the view of the other side, whereby the eggs are there and they can have their grandchild, I am just not sure where my opinion properly lies on this one!

Is it weird that she would be carrying her own grandchild?  It opens up a whole host of questions?

The embryos are technically her daughters… Equally is it morally right to carry your own grandchild? As her daughter has died, who owns the embryos?

Also there is the emotional side of things, they have lost their daughter and this may bring them comfort and also purpose, and it would be an extension of their daughter.

There are so many questions, both moral and legal and I am going to go away ad do some more reading on this to see if it helps me form a view, because at the moment I am totally sitting on the fence.  I think the idea is weird but at the same can see why they may want to do it.

The woman and her husband (referred to in the case as Mr and Mrs M) are challenging the Human Fertilisation and Embryology Authority (HFEA)’s refusal to allow her to take the eggs, carry the child and then give birth.  She would be taken the eggs to a US fertility clinic for the procedure.

They are claiming that the refusal to release the eggs by the HFEA is a ‘disproportionate interference’ with their human rights.

I am always dubious when people start branding around the words ‘breach of their human rights’ as I feel that sometimes people use this for a whole host of unnecessary reasons.

However with regard to the situation in hand, I need to go away and do some more reading on the HFEA, the situation and any law that goes along with it!

Having studied the basics of medical ethics this year in my Medical Law module I will also consider the views of these to see if it changes or helps me formulate my opinion.

I will try and write a further blog post on this if I can when I have a better understanding of everything.  I find this sort of area of law (medical related) fascinating so it will be nice to do a bit of research.

Rebecca x

More Stories
Would you sue your law school if you failed to get a job?