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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2165 By: Deevers
AS INTRODUCED
An Act relating to child support; creating the Child
Support Upon Conception Act; providing short title;
providing legislative findings; authorizing mothers
to file for child support under certain
circumstances; establishing procedures for proof of
pregnancy and paternity; authorizing prenatal genetic
testing; defining term; authorizing temporary pre-
birth child support under certain circumstances;
providing for penalties for false accusations and
coercion; providing remedies for the accused;
construing provisions; providing for noncodification;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Child Support
Upon Conception Act”.
SECTION 2. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Legislature finds and declares that:
1. Human life begins at conception;
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2. A unique human being is created at the moment of
fertilization with his or her own distinct DNA;
3. The preborn child is a person entitled to the full and equal
protection of the laws of this state at every stage of development;
and
4. The rights and duties that attach to parenthood including,
but not limited to, the duty to protect the child from harm and the
duty of support begin at conception.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 141 of Title 43, unless there is
created a duplication in numbering, reads as follows:
A. A biological mother may initiate a child support action upon
verified conception of pregnancy, provided the requirements of this
section are met. A support order issued pursuant to this act shall
be treated for all legal purposes as a temporary child support
order, subject to modification after the birth of the child pursuant
to Title 43 of the Oklahoma Statutes.
B. Prior to any support order, the mother shall provide
verified medical documentation issued by a licensed physician,
Certified Nurse-Midwife, physician’s assistant, or other medical
professional authorized under the laws of this state confirming that
she is pregnant, the gestational age of the unborn child, and any
medical findings relevant to establishing approximate conception.
No support action may proceed without verified proof of pregnancy.
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C. The date of conception shall be established using medical
documentation from a licensed physician or other qualified medical
professional providing prenatal assessments. The medical
professional shall provide a written assessment including the
estimated gestational age, any observed developmental indicators,
the approximate date of conception, and a statement that the
assessment represents the medical professional’s best medical
judgment. The court shall rely on this assessment as primary
evidence unless a more accurate date is established by clear and
convincing evidence. If conflicting assessments exist, the court
may order an independent medical evaluation and allocate costs in
the interests of justice.
D. No man shall be subject to a temporary support obligation
unless biological paternity is established. The mother may request
legally admissible DNA testing, including noninvasive prenatal
paternity testing, pursuant to Section 7700-501 et seq. of Title 10
of the Oklahoma Statutes. If noninvasive testing is not feasible,
the court may order other testing permitted by the laws of this
state. Refusal to cooperate with testing may be considered evidence
under existing parentage statutes. Knowingly false statements
regarding biological paternity shall be subject to penalties for
perjury pursuant to Section 500 of Title 21 of the Oklahoma
Statutes.
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E. 1. Upon verification of pregnancy and paternity, the court
may order reasonable prenatal support including, but not limited to,
pregnancy-related medical expenses, reasonable living expenses
necessary for maternal and fetal health, childbirth preparation
costs, and prenatal care, vitamins, and medically recommended
treatments.
2. Support shall be calculated consistent with the guidelines
described in Title 43 of the Oklahoma Statutes to the extent
practicable and shall continue until birth, at which time the court
shall issue a standard post-birth child support order.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 142 of Title 43, unless there is
created a duplication in numbering, reads as follows:
A. As used in this section, “temporary custody” and “temporary
sole custody” mean legal custodial authority to seek protective
orders, emergency medical relief, and all remedies available under
Title 10A of the Oklahoma Statutes and shall not require physical
possession of the child.
B. 1. Upon issuance of any temporary pre-birth support order
pursuant to subsection E of Section 3 of this act, the preborn child
shall be deemed a deprived child for all purposes of the Oklahoma
Children’s Code and shall be under continuing court jurisdiction.
2. The biological father shall possess full parental standing,
including the right to petition for emergency temporary sole custody
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or guardianship or injunctive or restraining relief to prevent
imminent physical harm or death to the child.
C. Any person with knowledge of imminent danger may report the
same to law enforcement or the Department of Human Services, which
shall have authority to seek emergency custody under Section 1-4-201
et seq. of Title 10A of the Oklahoma Statutes.
D. Courts shall apply the same standards, burdens, and
presumptions applicable to protection of born children, including
the rebuttable presumption that continued life and bodily integrity
are in the child’s best interest. Courts may issue ex parte relief
to prevent imminent and irreversible harm, with an adversarial
hearing within seventy-two (72) hours. No bond shall be required.
E. Upon filing of any petition under this section, the court
shall appoint a guardian ad litem for the preborn child at state
expense with independent standing to seek protective relief. The
court may enjoin any person from removing the preborn child from
this state or facilitating conduct outside this state for the
purpose of causing harm or death to the child.
F. If paternity is disproven, the court shall terminate all
orders and require reimbursement of all costs and support paid. The
falsely accused may bring a civil action for damages, which may
include actual and punitive damages, attorney fees, and court costs.
G. If a preborn child dies from nonnatural causes after support
has been paid, all support shall be reimbursed and the father shall
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have a private cause of action under Section 1053 of Title 12 of the
Oklahoma Statutes without a statutory cap. The reimbursement
obligation is nondischargeable and accrues statutory interest.
H. 1. Upon filing of any protective petition, the court shall
appoint a guardian ad litem for the preborn child.
2. Any person who knowingly or maliciously makes a false
statement under this act with intent to cause harm shall be subject
to civil penalties proportionate to the intended harm, including
sanctions for malicious prosecution.
3. If a preborn child dies from nonnatural causes after
jurisdiction has been established, the Department of Human Services
and law enforcement shall conduct an investigation consistent with
procedures applicable to the death of a born child.
I. Any person who pressures, coerces, or solicits the mother to
cause harm or death to the preborn child shall be subject to civil
penalties, injunctive relief, loss of parental rights, and all
remedies applicable to solicitation of harm against a born child.
Evidence of coercion may result in termination of parental rights
and protective orders.
J. Nothing in this section or Section 3 of this act shall be
construed to limit the court’s authority under Titles 10 and 10A of
the Oklahoma Statutes to protect a preborn child from abuse,
neglect, or threatened harm. When a duty, standard, or protective
measure applies to the protection of a born child, the court shall
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apply the same duty or standard to the preborn child upon
establishment of jurisdiction under this act.
SECTION 5. This act shall become effective November 1, 2026.
60-2-3478 BLB 1/15/2026 2:07:57 PM