HB 1182 — 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
 1   Amending Title 23 (Domestic Relations) of the Pennsylvania
 2      Consolidated Statutes, in support matters generally,
 3      providing for support of unborn child.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 23 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 4328.   Support of unborn child.
 9      (a)    Obligations.--A biological mother of an unborn child may
10   commence a support action or proceeding under this chapter for
11   support from the biological father of the unborn child. A court
12   shall order and enforce unborn child support obligations in
13   accordance with the biological mother's requested support and
14   the financial ability of the biological father to pay for the
15   support. The start date for unborn child support obligations
16   shall commence on the date of the first prenatal medical visit
17   of a biological mother by a physician.
18      (b)    Paternity.--A support action or proceeding under this
 1   chapter to establish the paternity of an unborn child shall
 2   require the consent of the biological mother. A court may not
 3   order a measure to establish the paternity of an unborn child if
 4   the measure poses a risk of harm to the unborn child.
 5      (c)   Accrual of payments.--A court may order that payments
 6   for unborn child support be retroactively collected or awarded,
 7   including in the event when paternity is established after the
 8   birth of the unborn child.
 9      (d)   Applicability.--This section shall not apply to a
10   biological father who terminated parental rights before
11   conception of the unborn child for the sole purpose of semen
12   donation with the intended use in an artificial insemination or
13   other fertility treatment of a biological mother.
14      (e)   Termination of support.--A court may terminate unborn
15   child support upon the determination by a physician that a
16   biological mother is no longer pregnant or upon the
17   determination by a paternity test that the biological father who
18   is a party in the support action or proceeding under this
19   chapter is not the biological father.
20      (f)   Definitions.--As used in this section, the following
21   words and phrases shall have the meanings given to them in this
22   subsection unless the context clearly indicates otherwise:
23      "Artificial insemination."    The deliberate introduction of
24   sperm into a biological female's uterine cavity for the purpose
25   of achieving pregnancy.
26      "Biological father."   A male genetic contributor to the
27   creation of an unborn child who inherits the contributor's DNA.
28      "Biological mother."   A female genetic contributor to the
29   creation of an unborn child who inherits the contributor's DNA.
30      "Physician."   An individual licensed to practice medicine in

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1   this Commonwealth. The term includes a medical doctor or doctor
2   of osteopathy.
3      "Unborn child."   As defined in 18 Pa.C.S. § 3203 (relating to
4   definitions).
5      Section 2.    This act shall take effect in 60 days.




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