R (on the application of IM and another) v Human Fertilisation and Embryology Authority [2016] EWCA Civ 611, [2016] All ER (D) 06 (Jul)
The Court of Appeal, Civil Division, allowed the applicants’ appeal against a refusal to set aside the decision of the respondent Human Fertilisation and Embryology Authority not to allow them to export their late daughter’s eggs to a clinic in the US to be fertilised with donor sperm and implanted in the applicant mother with the intention that any resulting child would be raised as the applicants’ grandchild. The decision had contained material misstatements of evidence concerning the daughter’s wishes, had failed to give reasons why it had considered that the daughter had had to have certain information before she could have given effective consent to the applicants’ proposed actions and had failed to have decided what relevant information the Human Fertilisation and Embryology Act 1990 had required the daughter to have had.
