IVF Controversy Focuses Attention on Pre-Birth Child Support Laws

Though questions about when life truly begins have been debated for a long time, the Supreme Court’s repeal of Roe v. Wade by the 2022 Dobbs v. Jackson Women’s Health Organization decision has triggered new debates about legal rights and responsibilities associated with pregnancy. In fact, lawmakers in some states are calling for child support obligations to start upon conception. A federal bill, the Unborn Child Support Act, seeks to give judges nationwide the authority to order child support benefits to pregnant women. 

Supporters of extending the concept of child support note that proper prenatal care requires doctor visits and possibly expensive medications. These costs, along with potential time off work, could force mothers to face financial hardship before their child is even born. Proposed legislation in Kentucky would authorize retroactive pre-birth child support after the mother gives birth. She would then have one year to seek payments from her child’s father. 

However, some opponents of prenatal child support claim that these measures are actually intended not to provide meaningful assistance to expectant mothers but rather to make a point that abortion should be banned. Post-Dobbs, there are several venues in which people are claiming that embryos and fetuses should have a legal status that previously existed only for children who have been born. One example is the decision from Alabama’s Supreme Court that banned the use of in vitro fertilization (IVF) on the ground that some of the unused embryos are usually frozen for possible use at a later date and then destroyed if the parents do not need them. The court held that this violated the state’s Wrongful Death of a Minor Act. This decision was quickly overturned in light of the bipartisan support for IVF as a means of assisting couples who have trouble conceiving in the traditional manner. 

Though New York might not be likely to mandate back child support payments for the months of pregnancy, there are steps you can take if you are unmarried and expecting a child. A man cannot be compelled to pay child support until his legal parentage is established. You might want to have an Acknowledgement of Paternity form prepared for execution following delivery. If a dispute exists over who the legal father is, biological testing might be required. This can be done safely and effectively before the child is born. 

Bryan L. Salamone & Associates, P.C. represents parents across Long Island in all types of child support proceedings. Whether you have a question about New York’s child support guidelines or you believe the modification of an existing order is warranted, we provide knowledgeable advice and determined advocacy. You can schedule a consultation by calling 1.631.479.3839 or contacting us online.