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Kentucky Bill Grants Expecting Mothers The Right To Collect Child Support On Unborn Babies

The Kentucky Senate passed a bill granting expecting moms the right to collect child support. The Republican-led body’s decision builds on a Democratic-backed bill.

The Associated Press reports that the law will allow mothers to receive child support to cover pregnancy expenses. The legislation (Senate Bill 110) passed in a 36-2 vote.

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Kentucky Senate: Legislation Details

Republican State Senator Whitney Westerfield sponsored the bill. She argued that the other parent has a responsibility to cover the expenses accumulated during pregnancy.

“I believe that life begins at conception,” Westerfield said as she presented the bill. “But even if you don’t, there’s no question that there are obligations and costs involved with having a child before that child is born.”

Still, there are limitations to the measure. The expecting mother must seek support within a year after giving birth.

“So if there’s not a child support order until the child’s 8, this isn’t going to apply,” Westerfield stated when the Senate committee reviewed the bill. “Even at a year and a day, this doesn’t apply. It’s only for orders that are in place within a year of the child’s birth.”

Similarly, six states have proposed child support to be awarded pre-birth. Lawmakers in Georgia favor the legislation. In addition, the Peach State allows expecting parents to claim an income tax deduction for children before they are born.

Likewise, Utah enacted a pregnancy tax in 2023. Several states have similar measures that are before lawmakers, per AP.

What’s Next For The Legislation?

The Kentucky bill had a facelift before winning over the Senate. The initial measure did not require mothers to wait until after they birthed their babies. Originally, parents could receive child support at any point after conception. The amendment allows action only after the baby breathes outside air and within a year of birth.

But, abortion rights advocates are side-eyeing the bill. One person on alert is Tamara Wieder, the Kentucky State Director for Planned Parenthood Alliance Advocates. She believes the bill is a slippery slope into “setting the stage for personhood.” Advocates are looking to prevent lawmakers from reshaping the bill to fit that narrative.

So what happens next? The bill must pass a House committee in addition to the full House. If the House makes changes, the bill will return to the Senate.

Carmen Jones