A relatively unknown area of Family Law, childbirth maintenance ensures that an unmarried mother’s financial needs related to the birth of a child are adequately met. In Australia, Section 67B of the Family Law Act 1975 (Cth) outlines the provisions for childbirth maintenance, providing a legal framework to support mothers and their newborns during a crucial period. This article explores the key components and implications of Section 67B, shedding light on its importance in the broader context of family law.
Understanding Childbirth Maintenance Under Section 67B of the Family Law Act
Section 67B of the Family Law Act specifically addresses the financial responsibilities associated with the birth of a child. It mandates that the father of a child who is not married to the child’s mother is liable to make financial contributions towards:
- The maintenance of the mother for the “childbirth maintenance period” in relation to the birth of the child, and
- To the mother’s reasonable medical expenses (related to the pregnancy and birth).
These expenses can be extensive and may include medical costs, maternity clothes, and any other reasonable expenses directly related to the birth of the child.
“Medical expenses” under the Act are quite extensive and can include medical, surgical, dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy expenses.
This section also includes reasonable expenses of:
- the mother’s funeral if she dies as a result of the pregnancy or birth; and
- the child’s funeral if the child is stillborn or its death is related to the birth.
What is the “Childbirth Maintenance Period”?
The mother can only claim maintenance for the “childbirth maintenance period”. Under section 4(1) of the Act, this period can commence on different dates. If the mother works in paid employment and is advised by her medical practitioner to stop working for medical reasons related to her pregnancy, and the mother stops working because of that advice more than two months before the child is due to be born, the period begins on the day which she stops working. In any other case, the period begins on the day that is two months before the child is due to be born.
The primary objective of section 67B is to ensure that an unmarried mother does not bear the financial burden of childbirth alone, recognizing the shared responsibility of both parents. This provision is particularly important in situations where the parents are not married or are no longer in a relationship, ensuring that the father’s financial obligations are clear and enforceable.
What the Court Considers with Father Contributions
In determining what, if any, contribution should be made by the father, s 67C(1) requires the court to only take the following matters into account:
- the income, earning capacity, property and financial resources of both parents;
- commitments of each parent that are necessary to enable the parents to support themselves, or any other person they have a duty to maintain (including another child); and
- any special circumstances which would result in injustice or undue hardship to any person if the Court did not take it into account.
Importantly, the Court does not take into account any entitlement the mother receives to an income tested pension, allowance, or benefit (such as Centrelink payments). As such, if the majority of the mother’s income is a government allowance, her income will be considered very low.
How much and how often?
In determining what form of payment a father may be ordered to make, the Court can order a payment to be lump-sum or regular (e.g., weekly, fortnightly, monthly).
Recent example of Childbirth Maintenance
As noted above, this area of family law is not widely known and it is uncommon to see Applications under this section of the Act. As such, reported decisions from the Court are few and far between.
One recent example, however, is the case of Abrahams & Simm [2014] FCCA 67 where the mother sought that the father contribute $27,061 – which included $15,610 relating to the childbirth maintenance period and $11,451 relating to the mother’s medical expenses. The Court held that a number of the “medical expenses” claimed by the mother did not in fact come within the meaning of “reasonable medical expenses” under section 67B(b) of the Act. These items outside of the meaning included private health insurance paid over a period longer than the childbirth maintenance period, a “doula” birthing partner, and a “settling swing” for the child. The Court also held that the father should only be liable for half of the final amount, not the entirety as the mother sought.
Time Limit
A mother seeking to make an application for childbirth maintenance must do so while pregnant or within 12 months of the birth of the child (per s67G of the Act). The Court will only grant leave to file out of time if satisfied that there would be a hardship to the mother or child if not granted.
Legal and Social Significance
Section 67B of the Family Law Act is significant both legally and socially. Legally, it provides a clear framework for determining and enforcing financial contributions towards childbirth expenses, ensuring that disputes can be resolved fairly and efficiently. Socially, it promotes the principle of shared responsibility, recognizing that both parents play a crucial role in the well-being of their child from the very beginning.
It is debatable however whether this provision aligns with broader societal values. On the one hand, it can be said it does align with social views as it promotes fairness and support for families, particularly during the vulnerable period of pregnancy and childbirth. However, on the other hand, the provision applies only to mothers to whom the father of the child is unmarried. It might be said that, as financial coercion and control have become better understood in society, it is clear that marriage does not necessarily protect women by ensuring their husbands provide for them financially, including during pregnancy and birth. Further, this section raises questions about same-sex couples and parties involved in altruistic surrogacy here in Australia.
Conclusion
Childbirth maintenance under Section 67B of the Family Law Act is a vital provision that addresses the financial needs associated with pregnancy and birth. By mandating the father’s contribution towards reasonable expenses, it ensures that the financial burden is shared equitably, supporting the well-being of both the mother and the child. This provision underscores the importance of shared parental responsibility and reflects broader societal values of fairness and support for families.
Ramsden Family Law – How We Can Assist With Childbirth Maintenance
If you find you’re a mother seeking to recoup the costs of pregnancy and childbirth, or a father facing such costs, get in touch with our experienced family law specialists at Ramsden Family Law. We are available to provide you with the necessary legal support and guidance to protect your best interests during this time.
Our team of dedicated family law specialists brings extensive experience to the table. If you would like to discuss your family law matter, please do not hesitate to contact us.
The content of this article is intended to provide general guidance to the subject matter and must not be relied on as legal advice. Specific advice should be sought about your circumstances.
Posted in: Child Support, Parenting
July 25 2024
