Does IVF count as a “contribution” to the relationship?
For some couples, expanding their family to include children is a long and difficult process.
It can be physically, emotionally, and financially arduous, and it raises the question – should IVF treatments be considered by the courts when determining a property settlement?
Courts take into consideration contributions to the relationship that are both financial and non-financial in nature.
For example, if one spouse gives up paid employment to stay home and care for children, their contribution is taken into consideration.
In the case of Lee & Hutton (2013), a couple were living together in a de facto relationship and had tried unsuccessfully to have children.
The court found the de facto wife’s contributions to the welfare of the family were “substantial”, including her attempts to have a child with her de facto husband during their relationship.
This sadly included the termination of two pregnancies, and the wife suffering from significant illness throughout those pregnancies.
The court determined it would be a “serious injustice” to the wife if those “significant contributions” were not considered during the couple’s property settlement.
In another case, Anson & Meek (2017), one of the contributions considered by the court was the wife’s IVF treatment.
During their relationship, the couple planned to have children before they got married.
The court heard how the wife’s IVF treatment, and subsequent failed pregnancies, caused “great distress”.
It was noted “… the distressing and difficult steps undertaken by the wife in seeking to become pregnant, and in particular the failure of those attempts, ought to be taken into account as contributions”.
These are complicated and emotional issues, and each case is unique.
Here at Michael Lynch Family Lawyers, we understand it’s important to consider all the contributions you made to your relationship, both financial and non-financial.
To make an appointment to speak with one of our accredited family law experts, contact our office on: (07) 3221 4300 or email: [email protected]
