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What happens if you get pregnant out of wedlock in the military?

Published in Military Pregnancy Policies 4 mins read

Getting pregnant out of wedlock in the military primarily involves navigating military regulations concerning pregnancy, parental leave, and duty assignments, rather than facing disciplinary action solely due to marital status. The military focuses on ensuring the health and readiness of its servicemembers while accommodating their parental responsibilities.

Military Pregnancy Policies and Your Service

When a servicemember becomes pregnant, whether married or not, the military has established policies to manage the pregnancy, childbirth, and postpartum period. The "out of wedlock" status does not inherently change these processes or lead to adverse action against the pregnant servicemember.

Key Aspects of Military Pregnancy Management

Navigating pregnancy in the military involves several standardized procedures and considerations:

  • Notification: Servicemembers are typically required to notify their chain of command and medical personnel as soon as pregnancy is confirmed. This allows for necessary medical care, duty adjustments, and planning for deployment or assignment changes.
  • Medical Care: Comprehensive medical care is provided through military treatment facilities (MTFs) or Tricare-authorized civilian providers, covering prenatal care, childbirth, and postpartum recovery.
  • Duty Limitations and Deployment:
    • Pregnant servicemembers are usually exempt from physically demanding duties, hazardous environments, and deployments once the pregnancy is confirmed and during the postpartum period.
    • Specific limitations vary by service branch but generally include restrictions on wearing certain gear, participating in combat-related training, and deploying overseas.
    • Deployment deferment is granted for the duration of the pregnancy and a period postpartum (e.g., typically 12 months in the Army, though policies can vary and evolve).
  • Parental Leave: Servicemembers are authorized parental leave following childbirth. This leave is granted regardless of marital status and allows time for bonding with the new child. Policies for primary and secondary caregivers, and the length of leave, are uniform across service branches.

Child Support and Paternity Considerations

For children born out of wedlock, specific nuances arise concerning paternity and child support. It's important to understand the military's role in these matters:

  • No Direct Command Enforcement Without Court Order: The servicemember's chain of command cannot directly order a military servicemember to financially support his or her children born out of wedlock without a civil court order establishing paternity and requiring that support. This means that if the servicemember is the pregnant mother seeking support from the father (military or civilian), or if a servicemember is identified as the father, a civil court process is generally required to legally establish paternity and mandate child support payments.
  • Servicemember Responsibility: While the military doesn't enforce support absent a court order, servicemembers are expected to meet their financial obligations to their dependents, including children born out of wedlock, once paternity is legally established. Failure to do so after a court order is in place can lead to disciplinary action.
  • Resources for Servicemembers: Military legal assistance offices can provide guidance on establishing paternity and pursuing child support through the civil court system.

Impact on Service Continuation

Becoming pregnant out of wedlock generally does not lead to involuntary separation from the military. Policies are designed to support servicemembers through pregnancy and parenthood. However, servicemembers must continue to meet military standards and responsibilities, which include:

  • Maintaining Standards: After the postpartum recovery period, servicemembers are expected to meet physical fitness standards and be ready for duty.
  • Child Care Plans: Servicemembers with dependents, including single parents, must have a Family Care Plan (FCP) in place. This plan outlines who will care for the child(ren) in the event of the servicemember's deployment, extended duty, or incapacitation. This is a critical requirement for single parents to ensure their child's well-being and their own readiness.
Aspect Impact for Pregnant Servicemember
Marital Status No direct disciplinary impact.
Medical Care Full military medical support.
Duty & Deployment Exemptions and deferments apply.
Parental Leave Authorized parental leave.
Child Support Enforcement Requires civil court order for military enforcement.
Family Care Plan (FCP) Mandatory, especially for single parents.
Service Continuation Generally not a basis for separation, provided military standards are met.

In summary, getting pregnant out of wedlock in the military triggers the same set of military pregnancy and parental policies as any other pregnancy. The primary distinction related to marital status revolves around the legal establishment of paternity and the enforcement of child support, which typically requires a civil court order before the military chain of command can become involved in enforcement.