Mamer

BACKGROUND

Mamer and Weingarten were never married but agreed to conceive a child via in vitro fertilization (IVF) using Weingarten’s sperm and a third party’s egg and to raise the child together. They agreed to share the IVF costs, which totaled $55,635. Approximately one month after the child was born, Mamer filed against Weingarten a petition to determine parental relationship under the Uniform Parentage Act (UPA; Fam. Code, § 7600 et seq.). Weingarten filed a response. Weingarten later filed a request for an order directing Mamer to reimburse him for one-half of the IVF costs. He relied on Family Code section 7637, which provides that the judgment or order in an action under the UPA “may direct the parent to pay the reasonable expenses of the mother’s pregnancy and confinement.” Mamer opposed the request on the ground the statute did not authorize a court to order a mother to pay a father for any expenses of pregnancy. The family court held a hearing and issued a minute order denying Weingarten’s reimbursement request. The court ruled it had no authority under Family Code section 7637 to order reimbursement of expenses incurred before the parentage action was filed. After…