Understanding Pregnancy Cost Reimbursement Under the Uniform Parentage Act

As families grow and evolve, so too does the legal landscape surrounding parental rights and consideration for those navigating them. Recent legal and legislative changes are reshaping the financial landscape for families struggling to meet the high costs of pregnancy and fertility treatments. The California Court of Appeal’s recent decision reaffirmed that either parent could seek reimbursement for pregnancy-related expenses, such as in vitro fertilization (IVF), even if any parentage legal action were taken. 

Meanwhile, Senate Bill 729 was enacted, and as of July 2025, it expands access to IVF by requiring large-group health insurers in California to cover these costly procedures that families are struggling with. Together, these developments highlight not only the financial challenges that families face but also address the need for a clear legal framework and precedent to support parenthood. 

For families seeking insurance coverage or attempting to shoulder the financial burden of IVF, these legal advancements bring opportunities to some and complex legal battles to others. While they work side by side to shed light on couples’ plight to become a family, it can be difficult to understand your rights. At the Law Offices of Alexandra McIntosh, we stay ahead of these evolving laws to help families protect their rights so they can confidently move forward. 

What is the Uniform Parentage Act (UPA)?

Navigating the financial and emotional challenges that pregnancy brings, particularly in cases involving assisted reproduction such as IVF, can leave parents unsure of their rights and legal obligations. The Uniform Parentage Act (UPA) offers clarity to families by recognizing the importance of financial transparency and parental support in these cases. Establishing the framework that addresses pregnancy cost reimbursement, the UPA allows courts to order one parent to pay reasonable expenses related to pregnancy and childbirth, such as medical bills, prenatal care and IVF expenses. By addressing cost-sharing disputes, the UPA seeks to reaffirm that raising a child is a partnership, starting from the very first steps of conception.

Key Takeaways from the Recent Court Ruling 

While starting a family is a beautiful and frightening time, it is vital to understand your parental rights and your legal obligations. A recent California Court of Appeal case shed new light on how and who courts address pregnancy cost reimbursement under the UPA. By reversing a lower court’s decision, they found that the UPA pregnancy cost reimbursement, including IVF expenses, should be paid even if those expenses were incurred before a parentage action was filed and established. This is a key victory for equitable financial accountability in parentage disputes. Key takeaways include:

  • Reimbursement for Pre-Filing Costs: The court ruled that Family Code section 7637 allows reimbursement for pregnancy expenses paid before a parentage action is filed, such as IVF costs.
  • Applicability to Assisted Reproduction: IVF and other assisted reproductive expenses are considered “reasonable expenses of the mother’s pregnancy” under the statute.
  • Shared Financial Responsibility: Both parents are equally responsible for pregnancy-related costs, reinforcing the UPA’s purpose of ensuring financial contributions from both parties.
  • Consideration of Agreements: Verbal or written agreements between parents regarding financial contributions to pregnancy expenses can impact reimbursement claims.
  • Court Discretion in Reimbursement: While reimbursement is allowed under section 7637, courts have the discretion to evaluate factors like cost reasonableness, parent resources, and pre-existing agreements when determining orders.

The process of IVF requires substantial financial investment, leading to disputes over how the costs should be divided. This ruling has provided courts with the ability to prioritize fairness in reimbursement. If you’re attempting to navigate a complex legal family matter, contact the Law Offices of Alexandra McIntosh today to protect your family.

How the UPA Impacts Your Parental Rights 

The UPA has transformed how parental rights are determined and is continuing to change the legal foundation of parental rights and responsibilities. Recent cases have illuminated how the UPA can protect both parents’ interests and financial accountability by addressing modern family dynamics. This includes recognizing same-sex couples, defining parentage through surrogacy agreements, and extending the legal right to reimbursement of pregnancy costs. 

Impacts of the UPA on Parental Rights:

  • Assisted Reproduction Protections: Parents who conceive through IVF, surrogacy, or other assisted reproductive methods are recognized, ensuring legal parentage regardless of biological ties.
  • Responsibility for Pregnancy Expenses: Under the UPA, courts may require parents to share pregnancy-related costs, such as medical bills or IVF, as seen in Mamer v. Weingarten. This applies even if the expenses were incurred before a parentage action was initiated.
  • Surrogacy Agreements: The legal recognition and enforceability of surrogacy contracts are supported by the UPA, with safeguards to protect all parties involved.
  • Recognition of Non-Biological Parents: The UPA ensures that individuals who have acted as parents can be legally recognized, even if there is no biological connection.
  • Equal Treatment of Same-Sex Couples: The law uses gender-neutral language to protect parental rights for same-sex couples, ensuring fair treatment.
  • Child’s Best Interests at the Center: The UPA prioritizes the emotional and financial well-being of the child, requiring both parents to contribute to the child’s upbringing.

Understanding the changing legal framework of the UPA and how it may impact your new family can be difficult. An experienced family lawyer will help you understand your rights and responsibilities, particularly in cases involving fertility treatments, divorce, or disputes over parental rights. Without knowledgeable legal guidance, you might miss a critical opportunity to protect your relationship with your child or resolve any financial concerns. 

Navigating the UPA: Why You Need a Family Lawyer 

These recent developments in California’s laws to expand insurance coverage and the new precedent for the UPA have highlighted the growing complexity of family law. Family law encompasses many issues that extend far beyond the pregnancy cost reimbursement. 

Our family lawyers can help with:

When it comes to your new family and bringing a little one into the world, any legal disputes or uncertainties facing the future you thought you were building can be deeply personal. These legal battles require strategic solutions and a compassionate representation that ensures the child’s well-being is at the forefront. At the Law Offices of Alexandra McIntosh, we provide legal representation and compassionate, individualized support for families and their rights. 

The Law Offices of Alexandra R. McIntosh: Your UPA Advocates 

In California, these new laws are reshaping how families address pregnancy costs, parental rights, and the financial obligations of becoming a family. These legal developments can bring complex family law cases that require careful navigation. Family law issues can impact the future of you and your loved ones, and with the Law Offices of Alexandra McIntosh, we focus on achieving the best possible outcome for you and your family. Contact us today to bring a legal team that is committed to approaching your family’s future with trust, communication, and the understanding that family is everything.

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