Pregnancy – Legal Rights

Finding out about your rights when you are going to have a baby is not always easy.  You may have questions about your rights but not know where to find legal information.  This page contains information to help you understand some of your rights and responsibilities when expecting a baby.

In New Brunswick, the Medical Consent of Minors Act says that if you are 16 years or older, you do not need an adult’s permission to make health care decisions. This includes treatment related to pregnancy.

If you are under 16, you may still be able to consent to medical treatment without an adult’s permission. A doctor, dentist, nurse practitioner or nurse can decide that you can make your own decisions if they believe that:

  • you fully understand the nature and consequences of a medical treatment; and
  • the medical treatment is in your best interests.

Parents can decide together how involved they each will be during the pregnancy. You can discuss how much participation you each want before and during the birth. However, if the pregnant person does not want the other parent involved during the pregnancy, that decision must be respected. The co-parent has no right to participate in their medical treatment without the pregnant parent’s consent.

After the baby is born, things change. Having a baby places legal responsibilities on both parents and it also gives both of them certain rights. In many cases, this would include the right to have contact with the child. If the parent who gave birth does not wish to allow contact, the co-parent may apply to the court for a parenting order.

In New Brunswick, all children have the same legal status and rights whether or not their parents are married. This includes the right to:

  • be supported financially by both parents,
  • have contact with both parents, and
  • inherit property from a parent who dies.

Discrimination based on sex, which includes pregnancy, is not allowed under the New Brunswick Human Rights Act. This Act protects people from discrimination by an employer, landlord, service provider, or school because of pregnancy.

For example, if you are applying for a job, employers may not ask whether you are pregnant, planning to become pregnant, or whether you have a baby at home. If the job requires travel, the employer may ask whether the person is available to travel, however, they cannot ask about your family life, daycare arrangements and so on. Also, landlords cannot refuse to lease you an apartment because you are pregnant or have a newborn baby.

If you think you have been discriminated against because of your pregnancy, or on any other protected ground, you should contact the New Brunswick Human Rights Commission. They can give you information about the Human Rights Act and can explain the process to file a complaint.

You can contact the New Brunswick Human Rights Commission by telephone at:

  • (506) 453-2301 (Fredericton & out-of-province calls)

or

  • 1-888-471-2233 (toll free in N.B.).

You can also contact them by email at:

You have a financial obligation to help pay for birth-related expenses when someone is pregnant with your child if you have an income. Such expenses could include maternity clothes, vitamins and supplements. This obligation exists even if you never lived together.

Prenatal Benefit Program

The Prenatal Benefit Program offered by the Department of Social Development provides financial help for expectant parents. You can find out more about these benefits on the government of new Brunswick’s website.