“Lying-in expenses”

While a white-hot debate over abortion engulfs the United States and threatens to spill over into Canada, this Washington Post column by law professor Carliss Chatman purports to take the anti-abortion position to its logical conclusion:

…When a state grants full personhood to a fetus, should they not apply equally?

For example, should child support start at conception? Every state permits the custodial parent — who has primary physical custody of the child and is primarily responsible for his or her day-to-day care — to receive child support from the noncustodial parent. Since a fetus resides in its mother, and receives all nutrition and care from its mother’s body, the mother should be eligible for child support as soon as the fetus is declared a person — at conception in Alabama, at six weeks in states that declare personhood at a fetal heartbeat, at eight weeks in Missouri, which was on the way to passing its law on Friday, but at birth in states that have not banned abortion.

Interestingly, the Parenting and Support Act in Nova Scotia does allow for child support once a child has been conceived – sort of.

Section 11(1)(a) allows an expectant mother to apply for a contribution toward “lying-in expenses” even before the child is born. The Legal Information Society of Nova Scotia defines such expenses as follows:

…These expenses are meant to contribute to the reasonable costs that a woman has while pregnant to carry the baby and prepare for the birth of the baby. These costs usually include things like maternity vitamins, maternity clothes and baby-related items, like a crib, stroller, or car seat. They can also include maintenance of the mother during the pregnancy and expenses related to the birth of the child.

An unmarried woman may ask to have lying-in expenses paid as part of a child support application to the court. A judge can order the mother or the possible father, or both of them, to pay certain amounts toward these expenses. The costs have to be proven (for example, by giving receipts or confirmation of costs) and they have to be reasonable and necessary.

Applications for lying-in expenses can be made during the pregnancy, or after the birth of the child. Often, the application is made after the child is born, and combined with the application for child support , to make things easier (making one application instead of two).

If the application is made before the child is born, the applicant mother must provide confirmation that she is in fact pregnant:

In practice, lying-in expenses are rarely sought. The most recent Nova Scotia decision on the CanLII case-law database in which they were awarded is from 2010. The issue came up in a 2017 case, but they weren’t ordered, at least in part because of the applicant’s tardiness in raising the issue.

In twenty years of practicing family law, I’ve only worked on a handful of cases where lying-in expenses are an issue, and never one where the application was commenced before the birth of the child. But the option is there.