The Expenses of Child Birth

Section 67B of the Family Law Act provides that Fathers may be required to contribute to the costs of their former spouse during pregnancy.  Importantly, this provision does not apply where the parties were married – only where the parents are not married.

If an agreement can be reached between the parents, you can formalise it in the form of Consent Orders by lodging an Application for Consent Orders with the Court. If no agreement can be reached, you will need to file an Initiating Application, Affidavit, and Financial Statement with the Court. Once you have filed your documents, it will be necessary to serve them on the other party, who then have the ability to file a response.

The Court in Millar and Johnston found that where expenses were properly items that would ordinarily be covered by child support, they were excluded as child birth expenses. In Abrahams and Simm there was some limited discussion in relation to reasonable expenses, and in particular, that a birthing Doula was not a reasonable expense in the circumstances. However, much may turn on the evidence that is presented to the Court. Additionally, the Court made it clear that the baby bonus was irrelevant for the calculation of expenses and costs.

If you need more information regarding child birth expenses please view this article here.

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