From parenting arrangements to financial responsibilities, these are not exactly top of mind for participants featuring on the latest season of Married at First Sight (MAFS). While we know that not all romances last, especially in the world of reality TV, what happens if a couple conceives a child during the show? Here, Family Law Special Counsel, Hayley Condon, explores the legal implications of a MAFS baby.
As the drama unfolds on Married at First Sight (MAFS), one question that rarely gets asked is: what happens if a baby is conceived during the show? While the weddings on MAFS are purely for your entertainment and are not legally binding, parenthood is a lifelong commitment. Couples on the show purport to live as married couples and enjoy the privileges that come from a marital relationship, but what if a couple finds themselves expecting? Reality TV takes a back seat and parenting laws come into play – laws that extend far beyond the confines of a social experiment.
So, what legal considerations would these couples face if an unexpected pregnancy became a reality? Here’s what they need to know.
Can the groom seek a termination of the pregnancy if he does not want to be a father?
One of the most sensitive questions is whether a father has any legal right to request the termination of a pregnancy. Many grooms on MAFS may have signed up for a whirlwind romance and five minutes of fame, but if they face unexpected parenthood, they might wonder if they can take legal action under the Family Law Act 1975 (Cth) (the Family Law Act) to terminate the pregnancy.
The short answer? No.
Decisions about pregnancy and termination rest solely with the pregnant individual. The Federal Circuit and Family Court of Australia has no jurisdiction over an unborn child and no jurisdiction to make an Order when it comes to pregnancy termination. This means that a father cannot seek a court order under the Family Law Act to compel a termination by an expectant mother.
This remains a profoundly personal and ethical issue that can cause significant emotional and legal challenges between expectant parents.
Can the groom be required to contribute towards costs during the pregnancy?
While child support obligations generally begin after birth, a father may still be liable for certain pregnancy-related expenses.
Under the Family Law Act, an expectant mother can seek childbirth maintenance from the father, which covers reasonable medical and related costs associated with the pregnancy and childbirth. The expectant mother may also be able to claim maintenance from the father for the childbirth maintenance period (usually 2 months prior to, and 3 months following the birth, but it can be longer if the expectant mother is medically required to stop work while pregnant).
For an expectant mother to be eligible, she cannot be married or living with the child’s father in the period prior to the birth of the child. The financial contribution that a father may be required to make to childbirth maintenance expenses is determined on its own facts. The Federal Circuit and Family Court of Australia generally considers the income, earning capacity, property and financial resources of the expectant mother and father and any commitments of either of them to support themselves and other dependants.
While the Federal Circuit and Family Court of Australia does not have jurisdiction over an unborn child, the expectant mother is able to institute proceedings for childbirth maintenance at any time during the pregnancy or within 12 months after the birth of the child.
Paternity: What if the groom questions whether the baby is his?
Given that MAFS is an eight-week experiment, a groom may question whether the bride was pregnant before joining the show.
In Australia, if a child is born to a woman whilst she is married, the husband is presumed under the Family Law Act to be the child’s father. But, as the MAFS marriages are not legally binding, where does this leave the groom?
In Australia, if a child is born to a woman and the woman cohabitated with a man at any time during the period beginning not earlier than 44 weeks and ending not less than 20 weeks before the birth, the man is presumed under the Family Law Act to be the child’s father. This is complicated math, but it means that just because the MAFS marriages are not legal, that the groom is not off the hook of being presumed to be the child’s father under the law.
The groom can request a paternity test after the child is born, but if the bride refuses, then the Federal Circuit and Family Court of Australia will only order paternity testing if there is a legitimate question about the parentage of a child. The court will not order paternity testing at the request of a parent to satisfy a doubt, there must be some evidence that places the parentage of the child in doubt.
Co-parenting after MAFS: What happens next?
While MAFS contestants may not need a divorce after the show if they decide to go their separate ways, they will have to navigate parenting arrangements for the next 18 years if they have a child together.
The Family Law Act confirms that parents have joint parental responsibility for a child, unless an Order is made to the contrary. This means both parents are expected to be involved in making major child welfare decisions, including decisions about education, healthcare, and living arrangements for their child.
A unique challenge for MAFS couples is that they are often matched with someone who lives in a different state or territory. For example, in this season Ashleigh is from QLD, matched with Jake from WA, and Awhina is from WA, matched with Adrian from NSW.
Long-distance co-parenting adds complexity, requiring parents to come to an agreement about travel, potential relocation, and how time will be shared with the child and each parent.
Child Support: What would a MAFS bride or groom have to pay?
Once the baby is born, child support obligations come into play. Child support is normally assessed by Services Australia issuing a Child Support Assessment for the child where the payments to be made by one parent to the other is calculated based on a set formula.
Parents, however, can reach their own child support arrangements and record the agreed arrangements in a Child Support Agreement.
The child support formula takes into consideration the following to determine which parent is to pay child support, and the amount of child support payable:
- each parent’s income and their combined income to work out their income percentage
- how much time the child spends with each parent to work out their care percentage
- each parent’s cost percentage
- each parent’s child support percentage
- the costs for each child (raising children costs different amounts for different separated families and this is impacted by the number of children, the children’s ages and the combined child support income of the parents).
There is a maximum child support amount payable for a child to be divided between parents. If their combined income exceeds $223,808, the maximum child support amount for a child under 12 years is $27,304, and for a child 13 years and over is $34,018 (2025 figures).
The child support formula aims to provide financial stability for the child while balancing the financial circumstances of both parents, so the child is supported by each parent.
Could the pregnancy lead to a property settlement claim?
While MAFS marriages are not legally binding, pregnancy could create legal ties between the parents beyond child support. The Family Law Act affords a separated de facto spouse the right to pursue a property settlement against the other spouse. To be eligible to pursue a property settlement, the couple must have been in a relationship, living together on a genuine domestic basis prior to separation, and they must meet specific criteria, such as if there is a child of that relationship or the total period of the relationship is at least 2 years, among other criteria.
Although the relationship between the MAFS couples on the eight-week experiment is unlikely to be regarded as a “de facto relationship” opening up the couples to the possibility of a property settlement claim under the Family Law Act, if a MAFS couple continues their relationship after the show, then the outcome may be very different if they separate in the future.
Final thoughts: Reality TV and real-life consequences
MAFS may be marketed as a love experiment, but if a baby is conceived, the reality becomes far more serious. Unlike staged weddings and producer-driven drama, parenting responsibilities cannot be edited out of the storyline.
Understanding these legal implicants is essential for any participants considering their future beyond the show. While reality TV might not create real marriages, the legal responsibilities of parenthood are very real indeed.
Attwood Marshall Lawyers – helping people navigate relationships and separation
Whether entering a new relationship or dealing with the consequences of a relationship breakdown, it is essential to get trusted advice from an experienced family lawyer to understand your legal rights.
At Attwood Marshall Lawyers, we have a team of family lawyers who practice exclusively in this complex area. Our team can handle all aspects of family law, including financial agreements, divorce applications, parenting matters, and domestic and family violence.
For expert family law advice, please call our Department Manager Donna Tolley on direct line 07 5506 8241, email dtolley@attwoodmarshall.com.au or free call 1800 621 071.
