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119-hr-1104119th Congress

Unborn Child Support Act

Sponsored By: Representative Tenney, Claudia [R-NY-24]

Introduced

Summary

establish and enforce child support obligations for the biological father of an unborn child. This bill would require states to set up and enforce child support for a biological father of an unborn child. It would let mothers request support starting from conception, allow retroactive collection once paternity is established, and bar paternity measures for an unborn child without the mother's consent or if they pose a risk of harm.

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  • Mothers and children: Mothers could ask for support that may begin with the month the child was conceived. Courts would set payment amounts after consulting the mother and considering the mother and child's best interests.
  • Biological fathers: A biological father could be legally obligated to pay for an unborn child and remain responsible after birth when paternity is established. Payments can be retroactively collected, including when paternity is proved after birth.
  • State child support programs: States would be required to establish and enforce these obligations and could not use Section 1115 experimental or waiver projects to change those rules. The rules would take effect two years after enactment and apply to calendar quarters starting then.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Child support for unborn children

If enacted, a mother could ask the state to set child support from the biological father during pregnancy. Support could start with the first month of conception if a doctor confirms it and the mother asks. A court would set the amount after consulting the mother and weighing the best interests of mother and child. Payments could be ordered back to that month, even if paternity is proven after birth. No paternity step could be taken without the mother’s consent, and no test could risk harm to the unborn child. The bill would treat “child” in the cited rule as including an unborn child. These obligations would continue after birth and would take effect two years after enactment.

Two-year start and no state waivers

If enacted, the new child support rules would begin two years after enactment. They would apply to calendar quarters that start on or after that date. States and the federal health agency would not be allowed to use pilot or waiver projects to change or avoid these unborn child support rules.

Sponsors & CoSponsors

Sponsor

Tenney, Claudia [R-NY-24]

NY • R

Cosponsors

  • Rep. Moore, Riley M. [R-WV-2]

    WV • R

    Sponsored 5/8/2025

Roll Call Votes

No roll call votes available for this bill.

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