Kentucky lawmakers have recently advanced a bill that would allow child support to start during pregnancy. If passed, a pregnant parent would have the right to collect child support for their unborn child.
This latest legislative effort comes as many Republican-led states have begun to make moves that state that a fetus has the same rights as a person. Critics of this law believe that it could open up the door to more restrictions put on women.
Kentucky Pushes New Child Support Law
According to this new legislation, a parent would be able to seek child support for up to a year after they give birth. Therefore, they can get child support during their pregnancy to help pay for pregnancy costs.
If a parent does not seek child support during their pregnancy, they must do so within the year. If a year and a day passes after they give birth, they cannot seek out this child support they would’ve gained during their pregnancy.
Republicans Control The Kentucky Legislature
In Kentucky, Republicans have supermajorities in both the House and the Senate. Therefore, there is a high likelihood that this bill will pass.
The bill was first introduced in mid-January. It was then referred to the Senate Families and Children Committee a month ago. The committee approved the bill, which resulted in it being sent to the full Senate for a vote.
New Rulings Over Pregnancies
Kentucky’s newest bill advancement comes as many conservative-led states in the U.S. have seen both legislation and court rulings over who has rights during pregnancies.
Most recently, the Alabama Supreme Court ruled that frozen embryos are legally children. As a result, these embryos have constitutional protections similar to what people have. This ruling quickly became controversial, especially as it could illegalize in vitro fertilization (IVF).
Other States Look At Child Support During Pregnancy
Kentucky is just one state that has begun to look at allowing a parent to seek child support during pregnancy. Georgia has a law that allows child support to be claimed back to conception.
Some states are also looking at how this could impact taxes. Georgia has a law that allows parents to claim dependent children before birth, therefore allowing an income tax deduction.
Kentucky Lawmakers Voice Their Support
Many Republican Kentucky lawmakers who say they are anti-abortion have also come out to voice their support for this new bill.
“That child is a human life,” Republican state Senator Whitney Westerfield said. “And the support obligation begins as soon as that life begins. And I think we ought to be able to go after that.”
Critics Reveal Major Concern Over Bill
However, many critics of this legislation have also voiced their concern about what this bill means — and what it could eventually lead to. Some believe that this bill could eventually lead to the Alabama ruling.
“This type of bill sets the stage for personhood,” Tamarra Wieder, the Kentucky State Director for Planned Parenthood Alliance Advocates, explained. “SB 110 is a slippery slope.”
Alabama’s Court Ruling
Recently, the Alabama Supreme Court ruled that frozen embryos can be considered children, thereby giving these embryos constitutionally protected rights just as people have. The ruling quickly led to some support, yet many worries from both conservatives and liberals alike.
In the majority ruling, Justice Jay Mitchell wrote, “Unborn children are ‘children’… without exception based on developmental stage, physical location, or any other ancillary characteristics.”
The Worry Over IVF
If frozen embryos are considered children, what does this mean for those seeking fertility treatments such as IVF? Prior to this ruling, frozen embryos were considered property.
Quickly after Alabama’s court ruling, at least one fertility clinic in the state had paused their IVF treatment services. Many healthcare providers will be willing to provide these types of fertility treatments if it means they could face civil or criminal charges.
Many Conservatives Support IVF
Though many conservatives have supported Alabama’s ruling, many have also come out in support of IVF. The House and Senate in Alabama have already passed bills to try to protect IVF after the court’s ruling.
However, many legal experts state that Alabama’s ruling — and Kentucky’s new bill — could continue to harm things like fertility treatments because embryos and fetuses will have constitutionally protected rights.
Kentucky Bill Faces Some Issues
Though this new Kentucky bill has widespread support in the state House and Senate, it does face a few hurdles. For example, there will likely be increased expenses from county attorneys trying to enforce these new child support laws.
County prosecutors cannot use federal funding when it comes to enforcing the payment of child support. Therefore, the House and Senate will have to figure out these obstacles before the bill is fully passed.
A Different Alternative
Some critics of Kentucky’s new child support bill believe there is another way to go about this issue. Instead of saying the fetus is a person, they believe that the state should support pregnant people in a different way.
“Instead of trying to push the idea of personhood via child support, this legislature should instead look at supporting pregnant people through expanded insurance, paid leave or any number of options that might provide more inclusive benefits,” Wieder said.
