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SECOND REGULAR SESSION
HOUSE BILL NO. 2338
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PROUDIE.
5702H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 454, RSMo, by adding thereto one new section relating to child support
obligations for unborn children.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 454, RSMo, is amended by adding thereto one new section, to be
2 known as section 454.488, to read as follows:
454.488. 1. As used in this section, the following terms mean:
2 (1) "Putative father", the alleged or pr esumed father of a child, including a
3 person who has filed a notice of intent to claim paternity with the putative father
4 r egistry established under section 192.016 and a person who has filed a voluntary
5 acknowledgment of paternity under section 193.087;
6 (2) "Unborn child", the offspring of human beings fr om the moment of
7 conception until birth and at every stage of biological development, including the human
8 conceptus, zygote, morula, blastocyst, embryo, and fetus.
9 2. A putative father , or a biological father if paternity has been established, may
10 be obligated to make child support payments for an unborn child if the mother of the
11 child petitions the court for child support within two years of the child's birth and
12 r equests that support payments include the months the mother was preg nant with the
13 child. If paternity is disputed, a biological father owes no duty under this section until
14 the biological father's paternity is established.
15 3. Child support obligations shall begin six weeks fr om conception, as
16 determined by the mother's physician. Payments for such obligations may be
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 r etr oactively collected or awarded, including in the case in which paternity is
18 established subsequent to the birth of the child.
19 4. The payment amount for such obligations shall be determined by a court, in
20 consultation with the mother , taking into account the best interes ts of the mother and
21 child.
22 5. If, after the child is born, paternity is established to belong to someone other
23 than the putative father , the putative father may bring a cause of action against the
24 actual father for reim bursement of any child support paid by the putative father under
25 this section.
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