by Denise
(Texas)
My sister in law’s son died of leukemia at 23 years old. His sperm has been banked for two years. It is coming up for renewal or discard and my sister in law has asked her sister to be surrogate for her son who is deceased. My nephew’s aunt would be the surrogate. What are the complications regarding blood line and down syndrome and legal expectations.
Reply by Rayven
Denise,
Your sister-in-law’s sister would be unable to be a traditional surrogate mother for her nephew’s child, as she is a relative of her nephew. Meaning, she is unable to use her own eggs and her nephew’s sperm to create a baby.
She could, however, become a gestational surrogate mother, using the sperm from her nephew along with the eggs of an egg donor, and going through IVF to become pregnant. Any risks of Down Syndrome would be based on the eggs of the donor, not the fact that the aunt was related to the nephew.
There would be no bloodline issues, as the mother and father of the child are not related.
It is quite common for one family member to become a surrogate for another family member. But never does both the egg and sperm come from the same family.
Legally, they will need to obtain a lawyer that deals with surrogacy in Texas, if that is where the aunt lives and where the baby will be born. If she lives in another state, that is where the attorney must practice. Due to the unique circumstances of this particular case, the lawyer will need to walk your family through the specifics.
You are lucky to come from such a close family that is willing to do this for one another! Best wishes!
