When two people aren’t married to each other, their expenses are not a mutual responsibility. When they have a baby together, the expenses of the child become a mutual responsibility. This includes any expenses that occur during and after the birth of the child.
The party who incurred the expenses for the child’s birth (almost always the mother) may bring an action in court against the father for contribution to those expense.
“In an action brought within 2 years after a child’s birth, the judgment or order may direct either parent to pay the reasonable expenses incurred by either parent or the Department of Healthcare and Family Services related to the mother’s pregnancy and the delivery of the child.” 750 ILCS 46/802(b)
The party requesting reimbursement must prove the expenses of the childbirth in order to receive any contribution towards those expenses. Childerson v. Hess, 198 Ill. App. 3d 395, 399 (1990)
Unlike most evidence of expenses, expenses of the birth of a child do not require anyone from the hospital to be present in order to authenticate that evidence. “Certified copies of the bills for costs incurred for pregnancy and childbirth shall be admitted into evidence at judicial or administrative proceedings without foundation testimony or other proof of authenticity or accuracy.” 750 ILCS 46/614(c)
You don’t even need to show that you paid the bill. “When evidence is admitted, through testimony or otherwise, that a medical bill was for treatment rendered and that the bill has been paid, the bill is prima facie reasonable” Arthur v. Catour, 833 NE 2d 847 – Ill: Supreme Court 2005
Only medical expenses associated with the birth can be reimbursed under the Illinois statute. Other expenses, even if reasonable, associated with the birth cannot be reimbursed.
“We construe…the Parentage Act as not authorizing a recovery of the mother’s lost wages as an expense related to the mother’s pregnancy and the delivery of the child.” Stockton v. Oldenburg, 713 NE 2d 259 – Ill: Appellate Court, 4th Dist. 1999
If this baby is freshly born and you are already fighting over the child’s expenses, you have a difficult 18+ years ahead of you. Contact my Illinois family law firm for a free consultation with an experienced Illinois divorce attorney.
Russell Knight is a family law attorney with almost 20 years of experience allocating expenses and parenting time between married and unmarried parents in Illinois.
Statutes Cases and Rules Cited in the article “Birth Expenses In An Illinois Parentage Action”
Childerson v. Hess, 198 Ill. App. 3d 395, 399 (1990)
Arthur v. Catour, 833 NE 2d 847 – Ill: Supreme Court 2005
Stockton v. Oldenburg, 713 NE 2d 259 – Ill: Appellate Court, 4th Dist. 1999
Frequently Asked Questions About Birth Expenses In An Illinois Parentage Action
Does the father of my child have to pay my hospital bills for the birth of our child? Yes. An Illinois court will allocate some proportion of those expenses to the child.
Can the father of a child be ordered to pay the hospital directly or do I have to pay the hospital first? You are under no obligation to pay the hospital first before the father of the child is ordered to pay a proportion of birth expenses in Illinois.
What expenses exactly does a father have to reimburse associated with the birth of his child. A father is only required to reimburse medical expenses associated with a birth. Lost wages and other non-medical expenses are not reimbursable after an Illinois birth.
