Recovering Birth Costs from Unmarried Father

How Can I Collect the Cost of Baby Delivery and Medical Expenses from My Baby’s Father?

For married couples, a baby born into a marriage is presumed as the child of the married couples.

For unmarried couples, Texas law does not recognize the biological father as the legal father. Therefore, you must establish paternity before trying to collect cost of birth and medical expenses.

There are ways to file such suit. You may start with a suit to establish paternity (AOP – Acknowledgment of Paternity). An easier and less costly alternative is to place the biological father’s name on the birth certificate.

When you file your petition, you may include child custody (parenting plan) and child support issues too.

Before Birth 

The Mother’s right is closely intertwined with the unborn child. Therefore, in most (if not all) cases, the mother makes healthcare decisions.

However, if unwed Father wants access to doctor’s appointment and the right to make decision regarding the unborn baby, he needs the consent of the mother. Therefore, unwed mother can get a HIPAA (Health Insurance Portability and Accountability Act). Father and Mother can sign the form and provide it to medical providers.

In cases of substance abuse or where mother is putting her life in danger, please contact the state welfare agency. The Texas Health and Human Services can help too.

How Do I Recover Medical Expenses?

Recovering medical expenses from unwed father in Texas could be done in AOP suit.

You need to speak with a family attorney to include such requests in your petition.

Unlike other states, Texas Family Code chapter 160 does not specifically mention provisions for delivery costs. Therefore, a mother who is seeking reimbursement must specifically plead for it.

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