Jenni Richards QC, speaking for the parents, argued that it was unreasonable to expect A to do more when she was dying from cancer, and that she had never been given the consent form which she supposedly needed to have signed for the procedure to go ahead.

“It would be wrong to use the consent form that she was not given to defeat [her] wishes as expressed on the form she did sign and subsequently in conversation with her mother and friends,” she said.

The three judges presiding over the appeal believed that Mrs M had thought her daughter had signed all the necessary forms.

Catherine Callaghan, speaking for the HFEA, said that it had sympathy for Mrs and Mr M’s loss and understood their desire to keep A’s memory alive. She said: “The law requires us to consider whether there is sufficient evidence of informed consent. After looking at the matter in great detail we decided that there wasn’t, a decision which was supported by the High Court last September.

“Today’s judgement by the Court of Appeal reaffirms the need for informed consent but concludes that there is sufficient evidence of Mr and Mrs M’s daughter’s true wishes.”

However, the judges’ decision this time around only rules that the original refusal was a misjudgement. It does not mean that the parents will definitely be able to seek fertility treatment in the US.

The HFEA said it would reconsider the case as soon as possible.

Images: iStock

Woman wins legal battle over using her deceased daughter's eggs to have a baby