Before a young British woman died of cancer 4 years ago, she froze her ovarian eggs. Her 59 year old mother now wishes to have the eggs fertilized by a sperm donor in an attempt to give birth to her daughter's child. A NYC fertility clinic has agreed to assist the woman for $90,000. Britain 's Human Fertility and Embryology Authority (HFEA) has denied the woman's application to receive the eggs and send them to NY because there is no clear evidence of the deceased's wishes.
Several points:
1. I have addressed this issue twice in my practice. When actual embryos are involved, I specify in the will who will receive the embryos. With respect to gametic material, the Hamilton County Probate Court allows it to be given to a will beneficiary without it being specifically mentioned.
2. As a U.S. citizen, I am thankful we do not have a know it all organization like the HFEA interfering with an individual's decisions and wishes.
3. I suspect the legal issues in a case involving frozen sperm would be stickier.
