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Case file s970 · Modern estates · 2011
2011
Map of United Kingdom, marked on the globe
Map of United Kingdom. Rob. CC BY-SA 3.0, Wikimedia Commons.
Died
12 June 2011
Place
London, England, UK
Field
private family
Legal tradition
Human Fertilisation and Embryology Act 1990 (consent to use of gametes after death)
Historical event
UK regulation of stored eggs and sperm by the Human Fertilisation and Embryology Authority

A dying woman told her mother "I want you to carry my babies," and the Court of Appeal overruled the regulator that refused to release her frozen eggs

A young woman, called A in the judgment, was diagnosed with cancer at 21. In 2008, during a remission, she had eggs removed and frozen. She signed a form saying they should stay in storage after her death and should not be allowed to perish. She was never given the separate form that records how stored eggs may be used. In January 2010 she told her mother: "I want you to carry my babies." She died on 12 June 2011, aged 28. Her parents asked the Human Fertilisation and Embryology Authority to let them export the eggs to a clinic in New York. There the eggs would be fertilised with donor sperm and implanted in her mother, then 60. The child would be the mother's grandchild. On 3 September 2014 the Authority's committee refused: there was not enough evidence that A had consented to that use. On 15 June 2015 the High Court upheld the refusal. On 30 June 2016 the Court of Appeal, in a judgment by Lady Justice Arden, set the decision aside and sent it back. In September 2016 the committee allowed the export, citing "exceptional and unique circumstances." The mother said the family was "very pleased." Whether a pregnancy followed is not reported in the sources found†.

What the law took from it

Anyone storing eggs or sperm should complete the consent form that states who may use them after death.

Cite as: celebrity.estate, “A dying woman told her mother "I want you to carry my babies," and the Court of Appeal overruled the regulator that refused to release her frozen eggs,” story s970, https://www.celebrity.estate/a-dying-woman-told-her-mother-2011, updated 30 October 2026.

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