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San Diego Attorneys Offer Legal Assistance in Building Families

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Over the last several years, a new field of law has developed in order to keep up with the changes in assisted reproductive technology. Called Family Building Law, or Adoption and Reproductive Technology Law, this legal field employs attorneys who represent the rights of those using assisted reproductive technology.

The importance for legal representation in this field has grown with the popularity of using assisted reproductive technology that involves third parties, such as egg donors, sperm donors, and surrogates. Attorneys who specialize in the field of reproductive law can help their clients through every step of the process.

San Diego Law Practices

It is recommended that you retain the services of an attorney who specializes in the field of reproductive technology law before beginning infertility procedures that utilize the services of a third party. Your attorney will draft contracts that clearly state your rights and obligations, as well as the intentions of the third party. He or she can also help you with claim denials from insurance companies, issues involving disposition of embryos, and legal planning both before and after the pregnancy.

The following attorneys specialize in reproductive technology law in the San Diego area.

  • Theresa M. Erickson
  • Kristine Pogalies
  • Law Offices of Falletta & Klein
  • Law Office of Solito
  • Law Offices of Stephanie M. Caballero


It is very important that couples or individuals planning on using a surrogate retain the services of a reproductive law attorney. Surrogacy is often considered the most legally-complex form of assisted reproductive technology. The issue becomes even more complex in traditional surrogacy, where the surrogates own eggs are used to conceive the child.

Laws in California have ruled favorably on surrogacy agreements, so it is a good idea to have your attorney draft a binding surrogacy agreement before the process begins. These contracts allow the intended parents to state their rights and responsibilities, and the surrogate to state her intentions, especially regarding custody.

Surrogacy agreements should clearly state the base fee and how it will be dispersed, as well as any additional fees, including those for insemination, invasive procedures, multiple pregnancies, or caesarian sections. The surrogacy agreement will also state which role, if any, the surrogate will play in the life of the child.


Couples or individuals who are planning to adopt are urged to retain the services of a lawyer specializing in adoption, whether they plan on adopting domestically or internationally. Attorneys can help you understand the differing adoption rules in each state, and can explain how they relate to your situation. They will also discuss the risks involved in the process of adoption.

Your attorney will also draft a post-adoption agreement, which states which role, if any, the birth parents will play in the child’s life.