Can Unwed Parents be Ordered to Pay Their Share of IVF Costs?
Families do not all follow the same formula. California courts have continued to evolve to reflect the realities of today’s families. For those navigating parenthood without marriage, a key question has recently been answered by a new case: Can unwed parents be ordered to share the cost of IVF treatment?
This issue has recently been ruled on in California’s 4th Appellate Court in a case called Mamer v. Weingarten (2025). In this case,
an unmarried man and woman came to an agreement to become parents and raise a child together. The way they planned to conceive was to use an IVF treatment using the man’s sperm and a third party’s egg. They planned to raise any resulting child together.
The pair agreed to share the cost of the IVF, which totaled $55,635. As it sometimes goes, things in the relationship did not work out. The IVF was successful and a child was born. However, approximately one month after the child’s birth the woman filed a petition to determine parental relationship against the man under the Uniform Parentage Act (California Family Code § 7600).
The man responded to the petition and asked the court to order the woman to reimburse him for one half of the IVF costs that the pair had agreed to but the man ended up paying upfront. The trial court ruled to deny the man’s request, stating that the court did not have the authority to issue such an order.
The decision was appealed, and in its ruling the Court of Appeal reversed the trial court’s. The Court of Appeal held that the family court did have the discretion to grant the requested costs. Specifically, the court opined that Family Code section 7637 authorizes a court to direct a parent to pay expenses of pregnancy, including IVF costs, that were incurred before the parentage action was filed. The statute provides the judgment or order in an action under the UPA “may direct the parent to pay the reasonable expenses of the mother’s pregnancy.”
Contact Cardwell Steigerwald Young, LLP
The rulings from this court illustrate that the California family court system is a living thing that continues to grow and evolve alongside California’s dynamic families. For expert advice on your own family law case or scenario, contact the experienced San Francisco family law attorneys at Cardwell Steigerwald Young, LLP. Our elite team of legal professionals can help you navigate through any issue you or a loved one might be facing.
