James P. Mahan, Esq.

– Attorney & CEO –

I call this area of law “warm fuzzy law” because usually matches go well, children are born, and families grow. What a blessing. However, as an attorney, I know that contracts are put in place for the moments and occasions when things don’t go as planned, when situations become complex, or matches fall apart. For those instances, I wanted to create a sound source of information and a law firm that is dedicated to advocating for and guiding Surrogates to what is best for them and their families. In surrogacy arrangements, Intended Parents are responsible for hiring all the necessary professionals and paying them; often, Surrogates can perceive themselves (rationally so) as the party without anyone to turn to for guidance. Here at The Surrogate’s Corner, our goal is to be that source of support and hope when things don’t go according to plan.

The apple never falls too far from the tree. I grew up in a family of lawyers: both my parents have been practicing fertility attorneys since 1978; my uncle went to law school and decided to pursue a career in insurance; my older brother also went to law school but opted for defense contracting instead. Kitchen table conversations were more like debates and it became evident quite early on that only solid and valid arguments would carry any water in my family.

EDUCATION & SERVICE

My sophomore year at USC found me wavering between going pre-med or pre-law.  Then, 9/11 happened.  My older brother was junior at the US Naval Academy when the Twin Towers fell. After a great deal of soul searching, and a little nudging from my parents, I decided to transfer from USC (with only one semester of credits left to graduate) and attend the US Naval Academy.  Essentially, I entered as a freshman – you are required to complete all four years at a Service Academy – with the amazing Class of 2007.

The Naval Academy was truly a transformative experience. One of the extraordinary students there would turn out to be my partner for life. My wife, Michelle (Class of 2006), was, is, and always will be, a better Naval Officer than I could ever dream of. We started dating in her senior year, and while work and school required long-distance dating for what seemed like an eternity, we married five years later.

After graduate school at Cambridge University, I began my Naval career in the submarine community. I spent nearly two years in Charleston, SC going to various schools for nuclear power training, took a short break for a knee surgery, and then I showed up to my first boat (USS Topeka, SSN-754) homeported in San Diego.  The following decade of service in the US Navy led me to a path of building my own family and a desire to help others do the same.

FINDING MYSELF IN THE SURROGATE’S CORNER

I went to graduate school at Cambridge University and found myself boxing for the Cambridge University team. I had the fortunate experience of winning my Cambridge-Oxford bout and earned my Varsity Blue (essentially a varsity letter in the sport). My experience boxing and practicing in the ring became a metaphor for this new blog and law firm, The Surrogate’s Corner. When you are in the ring, it’s you versus the other boxer. The referee stays neutral and mediates the fight (like a surrogacy agency), but the only person you can rely on for strategic advice and honest counseling on what you need to do to win, is the person in your corner. That experience left an indelible impact on me.

While still on Active Duty, I was able to return to my alma mater to teach in the Economics Department. During my time teaching at the Naval Academy and all throughout my three years in law school, I worked for my parents’ law firm, getting to learn the ropes of the surrogacy field and Third-Party Reproduction law (TPR), which is also referred to strangely as ART law (Assisted Reproductive Technology). That became the focus of my law career, and after graduating from Stanford in 2018, I earned my license in California and started taking over the day-today operations of the firm’s ART practice.

My experience working with Surrogates has always been meaningful and insightful. I began to hear stories from Surrogates who felt like they were on their own when it came to disagreements or uncertainties regarding the legal aspects of the surrogacy process, and especially so after their initial surrogacy contracts were signed. Surrogacy agencies were trying to help the matches succeed, but often had to play the role of the neutral referee between the Gestational Carrier and Intended Parent(s) when things got challenging. Many attorneys who work with Surrogates are only hired to review the contracts they sign. After that, if a Surrogate has questions or issues, they can find themselves on their own without legal assistance unless they are willing to pay for it themselves.

FAMILY & THE TSC MISSION

My wife, Michelle (US Naval Academy, ’06), is the most amazing woman I know. She is an incredible wife and mother, and still serves our great country as a member of the US Navy Reserves. We live in beautiful Boise, Idaho, and are parents to four amazing young children.  Being a Father/Husband is the most rewarding and important job I have ever had.  Helping those Surrogates and Donors who make that same dream possible for others is my purpose and my passion.

Children are a gift from the LORD; they are a reward from Him.

— Psalms 127:3 NLT