No one questions the fact that both parents have a legal and moral responsibility to help pay for the costs associated with raising their child from the time they are born. When parents live apart, this duty usually involves a child support order mandating that one parent send monthly payments of a specific amount to their ex. As doctors and scientists learn more about the importance of prenatal and obstetric medical care, some legislators are proposing that pregnant women should be entitled to child support as well.
The Unborn Child Support Act would mandate that states establish and enforce obligations for biological fathers starting with the first month in which a child was conceived, based on a physician’s determination. Some estimates suggest that prenatal and obstetric care can total nearly $20,000, making financial support during pregnancy crucial for many expectant mothers.
Many potential legislative hurdles exist, but should the bill become law, it would upend the current child support framework and perhaps raise questions about whether an unborn fetus has legal standing in other types of cases.
One question relates to situations where paternity has not been established for an unborn child. This type of genetic testing can be very difficult during the early months of pregnancy. Under the proposed law, when legal paternity is determined subsequent to an infant’s birth, the mother can obtain retroactive payments from the man who fathered the child.
Another complication involves the appropriate method of setting a prenatal child support rate. Before birth, there are no additional expenses for diapers, formula or clothes. There are many variables when it comes to prenatal medical costs. Some mothers-to-be might not pay anything out of pocket, while others who lack insurance could accumulate five-figure bills. Women also take vastly different approaches to pregnancy, with some making frequent doctor’s visits while others prefer a more natural approach.
As of now, the Unborn Child Support Act is still in the early stages of the legislative process, and its fate remains uncertain. However, if passed, it could transform the current system.
Bryan L. Salamone & Associates, P.C. assists Long Island clients with a full range of New York child support issues. To make an appointment regarding your specific concerns, please call 631-388-6009 or contact us online.