By Connie Reguli

In January 2020, I discovered S. 3236, the “Unborn Child Support Act.” This bill was sponsored by a bevy of Republicans, Cramer (ND), Daines (MT), Hyde-Smith (MS), Cotton (AR), Inhofe (OK), and Blackburn (TN). In reading the language of the bill, I can’t help but think that this is auxiliary legislation for pro-life conservatives to codify the definition of life.

This legislation amends 42 U.S.C. 654 requiring the states to amend Section 454 of their state plan requirements. In laymen’s language, the State must have a plan to collect Federal tax payer funds under Title IV D of the Social Security Act for the purposes of child support enforcement. The current plan has certain requirements like seeking child support against a parent within ten days of a child being placed in state’s custody; and requirement of a state collection system in which wage garnishments and tax refund captures are collected and distributed. The States also received incentive payments to dollars collected, dollars ordered (the child support obligation), and collections on arrearages.

Does this plan work? Well as a practicing attorney I say ‘no’. I have seen too many due process violations, falsely imputed income, miscalculations, and failures to respond to modification requests. Just like any government run bureaucracy, no, it does not work well at all.

But back to S. 3236. It says the term “unborn child” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.” This bill is intended to establish and enforce child support obligations of the biological father of an unborn child which will start with the first month in which the child was conceived, as determined by a physician. Payments may be retroactively collected and awarded, including the case where paternity is established subsequent to the birth of the child. Any measure to establish the paternity of a child (born or unborn) shall not be required without the consent of the mother, and no procedure for determining paternity shall occur if it should pose a risk of harm to the child. The effective date is two years after enactment.

So this bill brings a few new questions to my mind: (1) does this mean that the father (who has traditionally had some parental rights from the date of birth of the child) now have legal standing regarding decisions related to the welfare of the unborn child. For instance, if the Father disagrees with a decision for an abortion, can he object and force the Mother to carry to full term and give birth. Now, the Father has no rights in the child’s or mother’s health decision prior to the birth of the child. (2) child support includes a consideration for the costs of food, clothing, and housing for the child. Is this unborn child support obligation something less that the full amount required by an obligor supporting a born child. (3) under current law, a mother who receives federal funds such a ADC payments must report the identity of the father so that the state can go after them to collect support/reimbursement. This law says that paternity testing cannot be done before or after birth without the consent of the Mother. What is a Father WANTS a paternity test? Now the Mother can refuse…..?

Congress.gov shows that this bill is still in Senate Finance Committee and was last read January 28, 2020. This site is not the most accurate up to date information (as I have been informed by Senators and Congressmen) but it’s the best public source we have.

We will sit on a wait and see with this one………..