An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in support matters generally, providing for support of unborn child.

PRINTER'S NO. 1323
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1182
Session of
2025
INTRODUCED BY GROVE, KAUFFMAN, M. MACKENZIE AND GILLEN,
APRIL 9, 2025
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 9, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in support matters generally,
providing for support of unborn child.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 23 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 4328. Support of unborn child.
(a) Obligations.--A biological mother of an unborn child may
commence a support action or proceeding under this chapter for
support from the biological father of the unborn child. A court
shall order and enforce unborn child support obligations in
accordance with the biological mother's requested support and
the financial ability of the biological father to pay for the
support. The start date for unborn child support obligations
shall commence on the date of the first prenatal medical visit
of a biological mother by a physician .
(b) Paternity.-- A support action or proceeding under this
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chapter to establish the paternity of an unborn child shall
require the consent of the biological mother. A court may not
order a measure to establish the paternity of an unborn child if
the measure poses a risk of harm to the unborn child.
(c) Accrual of payments.--A court may order that payments
for unborn child support be retroactively collected or awarded,
including in the event when paternity is established after the
birth of the unborn child.
(d) Applicability.--This section shall not apply to a
biological father who terminated parental rights before
conception of the unborn child for the sole purpose of semen
donation with the intended use in an artificial insemination or
other fertility treatment of a biological mother .
(e) Termination of support.--A court may terminate unborn
child support upon the determination by a physician that a
biological mother is no longer pregnant or upon the
determination by a paternity test that the biological father who
is a party in the s upport action or proceeding under this
chapter is not the biological father .
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"A rtificial insemination." The deliberate introduction of
sperm into a biological female's uterine cavity for the purpose
of achieving pregnancy.
"Biological father." A male genetic contributor to the
creation of an unborn child who inherits the contributor's DNA.
"Biological mother." A female genetic contributor to the
creation of an unborn child who inherits the contributor's DNA.
"P hysician." An individual licensed to practice medicine in
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this Commonwealth. The term includes a medical doctor or doctor
of osteopathy.
"U nborn child." As defined in 18 Pa.C.S. § 3203 (relating to
definitions).
Section 2. This act shall take effect in 60 days.
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