A 60-year-old woman has won the rights to use her dead daughter's frozen eggs to give birth to her own grandchild in a Court of Appeal battle .

After loosing a court case last year, the woman approached three Court of Appeal judges to grant her permission to use her dead daughter's frozen eggs to give birth to her grandchild.

The daughter, 28, succumbed to cancer in 2011 and her dying wish was for her mother to use her eggs to have her babies.

According to Daily Mail, the woman and her 59-year-old husband launched legal action against an independent regulator’s refusal to allow them to take their daughter’s eggs to a United States fertility treatment clinic to be used with donor sperm.

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The appeal was opposed by the Human Fertilisation and Embryology Authority (HFEA) which argued that they are not allowed to release the eggs because the daughter did not give full written consent before she died.

"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.

The ruling comes after a five-year legal battle in which the fertility watchdog refused to release the eggs to the mother.

HFEA said it would reconsider the case as soon as possible. "Today's judgment 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."

This landmark case paves the way for the woman to travel abroad and use donor sperm to fulfill her dying daughters last wish.

Sources: www.bbc.com,  www.mirror.co.uk