AN ACT TO CREATE THE "FATHERHOOD BEGINS AT CONCEPTION ACT"; TO AUTHORIZE COURT-ORDERED SUPPORT FOR PREGNANT WOMEN OUT OF LAWFUL MATRIMONY; TO AMEND SECTION 93-9-3, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF THE CHANCERY COURT TO AWARD SUPPORT TO PREGNANT WOMEN OUT OF MATRIMONY; TO DEFINE UNBORN CHILD; TO AMEND SECTION 93-9-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE OBLIGATIONS OF THE FATHER EXTEND TO THE SUPPORT OF THE MOTHER OF AN UNBORN CHILD; TO AMEND SECTION 93-9-9, MISSISSIPPI CODE OF 1972, TO INCLUDE PETITIONS FOR THE SUPPORT OF THE MOTHER OF AN UNBORN CHILD; TO AMEND SECTION 93-9-11, MISSISSIPPI CODE OF 1972, TO REVISE THE LIMITATION ON RECOVERY OF SUPPORT FROM A FATHER; TO AMEND SECTION 93-9-13, MISSISSIPPI CODE OF 1972, TO REVISE THE LIMITATION ON RECOVERY OF SUPPORT FROM A FATHER'S ESTATE; TO AMEND SECTION 93-9-19, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROHIBITION THAT PREGNANCY HALTS THE CUSTODY OR SUPPORT HEARINGS; TO AMEND SECTION 93-9-28, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURES FOR VOLUNTARY ACKNOWLEDGEMENT OF PATERNITY; TO AMEND SECTION 93-9-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A COURT ORDER MAY INCLUDE THE SUPPORT OF THE MOTHER OF AN UNBORN CHILD; TO AMEND SECTION 93-9-35, MISSISSIPPI CODE OF 1972, TO INCLUDE THE SUPPORT OF THE MOTHER OF AN UNBORN CHILD AS A RESPONSIBILITY OF THE FATHER OF THE CHILD; TO AMEND SECTION 93-11-65, MISSISSIPPI CODE OF 1972, TO INCLUDE EXPENSES TO THE PREGNANT MOTHER IN THE CUSTODY PROVISIONS; TO AMEND SECTION 93-11-71, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN ORDER OF CHILD SUPPORT CAN INCLUDE SUPPORT OF THE PREGNANT MOTHER; TO AMEND SECTIONS 93-11-101 AND 93-11-153, MISSISSIPPI CODE OF 1972, TO INCLUDE SUPPORT OF THE PREGNANT MOTHER IN THE ORDER OF SUPPORT; TO AMEND SECTION 43-19-31, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE CHILD SUPPORT UNIT TO INCLUDE THE SUPPORT OF PREGNANT WOMEN; TO AMEND SECTION 43-19-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STIPULATED AGREEMENT BETWEEN A FATHER AND THE PREGNANT WOMAN OF HIS UNBORN CHILD MAY INCLUDE THE SUPPORT OF THE MOTHER; TO AMEND SECTION 43-19-35, MISSISSIPPI CODE OF 1972, TO INCLUDE PREGNANT MOTHERS WHO RECEIVE GOVERNMENTAL ASSISTANCE UNDER THE JURISDICTION OF THE CHILD SUPPORT UNIT; TO AMEND SECTION 43-19-101, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COURT TO CONSIDER THE EXPENSES TO THE PREGNANT MOTHER FOR CHILD SUPPORT; TO BRING FORWARD SECTION 93-9-15, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE JURISDICTION OF THE COURTS TO PROVIDE REMEDIES FOR SUPPORT ORDERS INCLUDING PREGNANCY, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 93-9-21, MISSISSIPPI CODE OF 1972, WHICH PROVIDES BLOOD TESTS FOR PATERNITY TESTING, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 93-5-24, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR TYPES OF CUSTODY, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
The passage of HB 701 would amend various sections of the Mississippi Code of 1972, clarifying the authority of the chancery courts to demand financial support from fathers for both unborn children and the mothers of these children. This reflects a significant shift in how paternity and financial responsibility are adjudicated in Mississippi, intending to enhance the moral and financial accountability of fathers. Importantly, it reflects societal attitudes towards parental involvement and support during pregnancy, challenging the notion that such responsibilities arise only after a child is born.
House Bill 701, known as the 'Fatherhood Begins at Conception Act,' aims to provide legal recognition and support responsibilities for fathers regarding unborn children. The bill allows courts to order financial support for pregnant women who are not legally married to the child's father, mandating that these orders cover medical expenses during pregnancy and up to two years after childbirth. The objective is to establish clear rights and obligations for fathers prior to the birth of their child, effectively treating unborn children as dependents deserving of support from both parents.
Notably, some points of contention surrounding HB 701 concern its potential implications on family law, particularly regarding domestic violence cases. Critics may argue that mandating support from fathers who may have a history of violence poses risks to the mothers and unborn children. The bill also addresses issues related to the assessment of paternity, which could introduce complicated legal challenges regarding evidence and the rights of fathers versus the rights of mothers seeking support. Furthermore, the revisions to various sections of the Mississippi Code might lead to increased litigation as more mothers seek to assert their rights under this new framework.