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Mother loses bid to use dead daughter’s frozen eggs

This case highlights the paramount status given to informed consent in all aspects of health care, including decisions that take effect after death.  While a range of ethical concerns were discussed regarding surrogacy the judge specifically stated that these moral concerns were not the reason for his judgment. The ruling was based solely on a lack of evidence that the daughter had given appropriate consent prior to her death.  The legal question, or at least the ethical debate, of whether  a mother should be able to  be a surrogate for her dead daughter’s child is still open.