Who Pays for IVF? California Court Opens Door to Reimbursement Under Uniform Parentage Act

A 2025 appellate decision has opened a new chapter in California parentage law- one that could significantly impact parents navigating assisted reproduction and financial disputes. At the heart of the case? A simple but powerful question:

Can a parent be reimbursed for in vitro fertilization (IVF) and pregnancy-related expenses under California’s Uniform Parentage Act (UPA)?

According to the Court of Appeal, the answer may be yes.

⚖️ The Case: IVF Reimbursement and Family Code § 7637

In this unnamed 2025 case, the petitioner sought reimbursement for IVF costs that were incurred before a formal parentage action was filed. The trial court originally denied the claim, citing the timing of the request. But the appellate court reversed, interpreting Family Code § 7637 more broadly.

The statute provides that a judgment of parentage “may contain any other provision the court deems appropriate,” and explicitly allows for reimbursement of “expenses of the mother’s pregnancy and confinement.”

The appellate court reasoned that IVF expenses, if agreed upon and reasonably necessary, may fall within the scope of reimbursable costs, even if paid prior to the start of the legal action. The matter was remanded to the trial court for a factual determination about the parties’ agreement and the reasonableness of the expenses incurred.

💡 Why This Ruling Matters

This decision is a significant development for individuals using assisted reproduction, especially in cases where:

• One party agrees to IVF, but later denies financial responsibility;
• The parties never married or separated before the child was born;
• There’s a dispute over whether parentage or financial obligations exist.

California has long been a leader in reproductive rights and recognition of non-traditional families. But the law has been relatively silent on the cost-sharing of assisted reproduction, particularly in the absence of a clear written agreement.

This ruling confirms that IVF and related medical expenses may be reimbursed under the Uniform Parentage Act, provided they were necessary and consensual. It gives courts flexibility to adapt to evolving reproductive technologies while holding parties accountable for their commitments.

📚 Relevant Statutes and Resources

• Family Code § 7637 – Reimbursement of Pregnancy Expenses
• California Courts: Parentage (Paternity) Overview
• California Family Code – Uniform Parentage Act (UPA)

📝 Key Takeaways

• IVF costs may be recoverable under California’s Uniform Parentage Act if they were necessary and agreed upon.
• Timing isn’t necessarily a bar, expenses paid before the parentage action can still be reimbursed.
• This case sets important precedent for families formed through assisted reproduction, offering new legal remedies in financial disputes.

Final Thoughts

As IVF, surrogacy, and assisted reproductive technologies become increasingly common, California law is evolving to address the legal and financial complexities that come with them. If you’re involved in a parentage case where reproductive costs are in dispute, this ruling is a game changer.

Want to know whether your IVF-related expenses may qualify for reimbursement in California? Contact our office to speak with me, I’m an experienced family law attorney, I understand the intersection of assisted reproduction and financial accountability.

Channe G. Coles

Family Law Attorney- Santa Barbara & Ventura Counties