Bringing your new bundle of joy home from the hospital is a wonderful feeling. However, receiving those medical bills… not so joyful. In fact, it can be scary! Delivery costs, hospital stays, and pre-natal appointments can all add up depending on the care you and your baby receive. In most states, the cost of delivery alone is anywhere between $5,000.00 to $11,000.00 depending on several factors, including the type of birth you have (vaginal or cesarean section). For a single mother, this time of joy can also be stressful because of these financial concerns combined with the possibility of not being able to work for some time. But, did you know under North Carolina you can seek recuperation of medical bills from the child’s biological father?
Under North Carolina General Statute §49-15, when paternity has been established for an out-of-wedlock pregnancy and birth, the biological father can become responsible for medical expenses incident to the pregnancy and birth of the child. So, what does that actually mean? Especially in a situation where the biological father has been absent from the pregnancy and birth of a child and is not wed to the mother, the mother would file a motion requesting that paternity be established and that the medical expenses divided pursuant to the law. In my experience and practice, most Judges opt to split the cost between the parties with the father being responsible for 50% of the costs and the mother being responsible for 50% of the costs. However, the mother may have the legal grounds to pursue full reimbursement for such costs especially if the mother is forced to be out of work for a notable duration of time. This specific statute is a “hidden gem” that most attorneys simply do not utilize.
If you are unmarried and recently had a baby or are pregnant, keep track of your medical bills, including delivery costs. I suggest getting a folder to keep all medical bills related to the birth of your child together. When you are ready to proceed with asserting your legal rights, you will have the documents ready. Thankfully, many hospitals including Novant and Atrium Health keep a digital record of invoices and expenses. A skilled family law attorney can assist you in the process of obtaining payment for these expenses or reimbursement for the same. And going one step further, you may be able to get reimbursement for some of your attorney’s fees as well from the father.
The law is there to not only find a path toward justice, but to more specifically protect the needs of children. Do not unintentionally waive your rights and thereby deny the legal and financial protections afforded to your child.
If you are seeking reimbursement for medical costs related to a pregnancy or recent birth of a child, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
Inspired by her own experiences with domestic violence and the family court system, Theresa E. Viera became the first lawyer in her family, graduating from the University of North Carolina School of Law. She has dedicated her career to helping families find healthy solutions through various legal tools, including negotiations, mediation, collaborative law, and litigation when necessary. With years of experience in Family Law, she strives to inspire others and make a positive impact on the lives of her clients, just as her mother’s attorney once inspired her.
