Unborn Child Support Act

Summary

Requires state child-support (IV-D) plans to create and enforce a child-support obligation against a biological father on behalf of an "unborn child," potentially beginning as early as the month of conception when determined by a physician. It allows retroactive collection once paternity is proven, directs courts to set payment amounts in consultation with the mother with the child's and mother's best interests in mind, prohibits requiring paternity-establishing measures without the mother's consent and any measures that pose risk of harm to the fetus, restricts certain HHS waiver uses, defines "unborn child" broadly, and becomes effective two years after enactment for relevant IV-D payment quarters.

• Mandates that state IV-D plans include provisions to establish and enforce child-support obligations for a biological father on behalf of an unborn child when the mother requests support.
• Allows support obligations to begin as early as the month of conception if a physician determines conception occurred then.
• Permits retroactive collection of support for periods before formal paternity establishment once paternity is later proven.
• Requires courts to set payment amounts in consultation with the mother, considering the best interests of the mother and child.
• Prohibits requiring paternity-establishing measures from the mother without her consent and bars any such measures on an unborn child that pose a risk of harm.
• Narrows HHS section 1115 waiver authority so experimental or demonstration projects cannot modify the new IV-D requirements.
• Defines "unborn child" broadly as any human at any stage of development in the womb.
• Takes effect two years after enactment and applies to IV-D payment quarters starting on or after that date.