R (on the application of Mr & Mrs M) – v – Human Fertilisation and Embryology Authority [2016] EWCA Civ 611

This case concerns the use of A’s eggs after her death. A was diagnosed with terminal cancer at 21 and wished for her eggs to be removed. Although she consented for the eggs to be removed and to be stored for later use in the event of her death, A did not tick the box regarding the use of a sperm donor or the use of her partner’s sperm. A died in June 2011.

In August 2014 the Human Fertilisation and Embryology Authority/Committee (HFEA), refused to allow Mr and Mrs M (A’s parents) to export the eggs to the USA to use the eggs to create an embryo and to implant the embryo into Mrs M. This decision was judicially reviewed. Mr and Mrs M were successful in their appeal and the court referred the matter to the HFEA for further consideration. The ultimate decision rests with the HFEA – the court was reviewing the decision making process.

The HFEA has now reconsidered its original decision and has granted permission for Mr and Mrs M to take the eggs out of the country. The HFEA revaluated the evidence and concluded it was unlikely that A would not have given consent for her mother to use her eggs had she been provided the relevant information.

The link to the case can be found here.