H.R.1104 - Unborn Child Support Act (119th Congress)
Summary
H.R.1104, the Unborn Child Support Act, proposes amending Title IV of the Social Security Act to include unborn children in the child support enforcement program. This bill mandates states to establish and enforce child support obligations for biological fathers of unborn children, starting from the month of conception, upon the mother's request. It also limits the waiver authority concerning these provisions and defines an unborn child as a member of the species homo sapiens at any stage of development carried in the womb.
Expected Effects
The primary effect of this bill would be to extend child support obligations to the period of gestation. This could lead to increased financial support for pregnant women and potentially reduce the financial burden on single mothers after the child's birth. However, it also raises complex legal and ethical questions regarding the definition of personhood and the enforcement of support obligations during pregnancy.
Potential Benefits
- Potential increase in financial resources for pregnant women.
- Possible reduction in poverty rates among single-parent families.
- Could incentivize responsible fatherhood from conception.
- May decrease the burden on public assistance programs.
- The bill explicitly states that measures to establish paternity of an unborn child shall not be taken if the measure poses any risk of harm to the child if unborn.
Most Benefited Areas:
Potential Disadvantages
- Potential legal challenges related to the definition of 'unborn child' and its rights.
- Enforcement difficulties and privacy concerns regarding establishing paternity during pregnancy.
- Possible increased burden on state child support enforcement agencies.
- Ethical concerns about the role of the government in reproductive decisions.
- Potential for misuse or coercion related to paternity establishment.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutional alignment is complex. While it could be argued that it promotes the general welfare (Preamble) by supporting families and children, it also raises questions about individual liberties and privacy, particularly concerning the establishment of paternity. The definition of 'unborn child' may also intersect with debates surrounding the Fourteenth Amendment's equal protection clause and the rights of the unborn, an area of ongoing legal and constitutional debate. The Tenth Amendment, reserving powers not delegated to the federal government to the states, could also be invoked, as family law has traditionally been a state matter.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).