Legal Question in Credit and Debt Law in Virginia

Are we responsible for our teenagers babies birth?

First of all there was a court order from Stafford, VA juvenile court keeping the babies father from our teenage daughter. She got pregnant anyway, baby was born premature at six months gestation. Our insurance refused to pay for her baby. She was denied Medicaid because of her fathers salary. I did not sign papers for medical care - delivery of this baby. She was brought to the hospital by ambulance. The hospital is trying to collect the debt from my husband. He says he shouldn't have to pay for someone elses pleasure!!! He has told the hospital he will not pay for this birth. Can they hold him liable?


Asked on 4/05/04, 7:05 am

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Are we responsible for our teenagers babies birth?

First, I would not give up on having insurance or Medicare pay for this. Insurance companies (including Medicare) are in the business of denying claims that they are responsible to pay for. So don't take THEIR word for it! Simply because they say they aren't going to pay means absolutely nothing.

Second, I think it is necessary to check all the details here very carefully. You need to make sure that in the rush and confusion, you or your husband didn't sign anything that includes a promise to pay. Sometimes at the bottom of admittance forms there is a paragraph that says you promise to pay, above a signature line. It does not need to be a separate contract. It can be included as part of something else. So you need to write to them, disputing that you signed anything, and demand to see anything that shows otherwise.

The crucial question here is NOT whether the patient would have to pay. The question is whether a parent is responsible for their teenage child's debts. As long as it is really true that the father and mother did not promise in writing somehow to pay (which actually I think is unlikely that the teenager could have been admitted without parents signing something) then I don't believe the parents are responsible for a teenage child's baby. However, it would help to know what you mean by "teenage." If you're talking 17 or 18, I think the hospital will have to collect from the teenager (and perhaps ultimately the father of the child). If we're talking 13, the hospital may have a stronger chance of persuading a judge.

It all comes down to the point where they actually file a claim in court. A creditor can huff and puff and say anything they want. But the rubber meets the road when they have to go in front of a judge and actually persuade the judge that you owe the money. Don't expect ay creditor to be reasonable while demanding payment. But they may subsequently give up and go away when they have to tell it to a judge. SO, don't be fooled by lots of noise trying to jawbone you into paying. Creditors (and collection agencies) will say absolutely anything to try to persuade you to pay. You don't have to believe them.

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Answered on 4/05/04, 8:46 am


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