The London Court of Appeal put an end to the case, which lasted 5 years, and gave permission to conduct a very unusual surrogacy program. It really is totally unusual. The fact is that the sixty-year-old Miss M. will become a surrogate mother of a child. The egg, to be fertilized and implanted, belongs to her own daughter, who died in 2011.
Miss M.'s daughter had a long struggle with colon cancer. Before the start of the difficult path of therapy, doctors recommended that the girl freeze her eggs in case the treatment is successful and she subsequently wants to have children. Many young women go through this procedure before embarking on a long and difficult path to combat a terrible disease. This is done because after the numerous courses of radiation and chemotherapy, which are undertaken during the treatment of cancer, their eggs become unsuitable for fertilization. In this case, cryopreserved own gametes or donor ones come to the help in future.
Unfortunately, the daughter of Miss M. Could not win the fight against cancer. She really wanted to have children and a happy full family. However, during her lifetime the dream was not destined to come true. In memory of her departed daughter and fulfilling her wish, Miss M. decided to give birth to a baby using the biological material of her beloved daughter.
Having made up her mind, in 2014 the woman turned to the authorities with a request to give permission for this procedure but was refused. The problem was that Miss M.'s daughter did not give written consent to transport her frozen oocytes from London, where they were stored, to New York, where the in vitro fertilization procedure was to be performed. The fact that it was impossible to give any permission to the dead girl anymore, the servants of Themis did not take into consideration.
Following the authorities' refusal, Miss M. filed documents with the London Court of Appeal. The case was very delicate and touching. During the hearing, Miss M. repeated the words of her deceased daughter. At some point, the girl realized that she could never leave the hospital alive, that she could not give birth and raise a baby. Therefore, she asked the mother to bear her child. She also asked them with her father to raise her child. She said that she had no doubt that her baby would be fine, because he would have the best parents in the world.
In addition, documents were submitted to the court, indicating that if Miss M. refused her application, the clinic would cease to store the gene material and the eggs would be destroyed.
The Court of Appeal acknowledged all the facts stated more than weighty and ruled to allow Miss M. to fulfill her daughter’s last wish of having a baby. The court did not consider the age of the plaintiff as an obstacle, because the upper limit of the age of a surrogate mother is not regulated by any legislative act.
Of course, pregnancy at this age is a bold and risky step. However, this story is a vivid example of maternal fidelity, readiness for any steps in fulfillment of the wishes of your child.