The Unborn Child Support Act: Support for Expecting Mothers or Pro-Fetus Personhood Act

Authors

Taelor Thornton

Abstract

Since the decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade in 2022, Republican Senators have proposed a new bill, the Unborn Child Support Act, that would allow prospective mothers to request child support from their child's prospective fathers from the moment of conception as determined by a physician. Under the Act, paternity tests are only conducted if the mother consents, and if the safety of the child can be maintained. The bill originates from the idea that life begins at conception, allowing women to receive child support payments while they are pregnant from their child's father without requiring a paternity test. The Act was introduced in response to two dozen states restricting abortion access after the Dobbs decision, eight of which have also decided to opt-out of an expansion of the Affordable Care Act, covering pregnancy and postpartum care for low-income beneficiaries. While this bill would allow expecting mothers to receive financial support from their child's father from the conception date, it may have unforeseen additional consequences should it become law, which will be addressed in this article.

First Page

82

Recommended Citation

Taelor Thornton, The Unborn Child Support Act: Support for Expecting Mothers or Pro-Fetus Personhood Act, 43 CHILD. LEGAL RTS. J. 82 (2023).
Available at: https://lawecommons.luc.edu/clrj/vol43/iss1/7