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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 656 By: Bullard
AS INTRODUCED
An Act relating to child support; creating the
Paternal Responsibility Act; providing short title;
defining terms; making certain person s financially
liable for certain prenatal care except under
specified condition; stipulating amount of financial
coverage; specifying who may bring certain actions;
authorizing certain action to establish paternity;
permitting issuance of certain order; pr oviding
penalties for willful failure to pay support
obligation; construing provisions ; providing for
codification; providing for noncodification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STAT E 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 as the “Paternal Responsibility Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 120A of Title 43, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
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1. “Father” means the man recognized by law as the mal e parent
of a child, born or unborn, or whose sperm was involved in the
fusion of gametes initiating the biological development of the
child;
2. “Mother” means the woman recognized by law as the female
parent of a child, born or unborn, or whose ovum was involved in the
fusion of gametes initiating the biological development of the
child;
3. “Obligor” means the individual who owes another person
financial support pursuant to this act;
4. “Prenatal care” means health care, education, counseling,
and resources provided for a mother and her unborn child during
pregnancy by a licensed medical professional ;
5. “Prenatal paternity test” means a scientifically reliable
genetic test capable of establishing paternity of an unborn chil d
with a statistical accuracy of at least ninety-five per cent (95%)
including, but not limited to, the Non-Invasive Prenatal Paternity
(NIPP) Test;
6. “Second parent” means any individual recognized by law as
the parent of an unborn child, or who will be recognized by law as
the parent of the child upon birth other than the mother ; and
7. “Unborn child” or “unborn person” means the unborn offspring
of human beings from the moment of conception, through pregnancy,
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and until live birth including the human conceptus, zygote, morula,
blastocyst, embryo, and fetus.
B. 1. The father or second parent of an unborn child shall be
liable to provide financial coverage for medically necessary and
appropriate prenatal care received by the mother of the child during
her pregnancy, unless the par ties have made legally binding
arrangements to the contrary. The amount of the financial coverage
shall be equal to either one half (1/2) of the mother ’s out of
pocket expenses for such prenatal care or in the amount that the
obligor would owe in child su pport for a child after birth,
whichever is less.
2. An action to establish or enforce the obligation of support
may be brought by the mother of the child or by the public authority
chargeable with the support of the child.
3. Proceedings to establish pa ternity may be brought in the
appropriate district court or through the Department of Human
Services. Proceedings may be brought by the mother, father, or
second parent of the child, the Department of Human Services or the
district attorney. In such a ca se, the court may issue an order
adjudicating whether a man alleged or claiming to be the father is
the parent of the child through the application of a prenatal
paternity test or by other means.
C. A person who willfully fail s to pay a support obligation ,
once established by the court, shall be punishable by not more than
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six (6) months in the county jail for a first offense and one (1)
year in the custody of the Department of Corrections for a second or
subsequent offense if such obligation has remained unpaid for a
period longer than one (1) year or is greater than Five Thousand
Dollars ($5,000.00). Furthermore, upon a conviction under this
section, the court shall order restitution in an amount eq ual to the
total unpaid obligation as it exists at the t ime of the sentencing.
D. Nothing in this section shall be con strued to hold the
father or second parent of an unborn child liable to pay, in whole
or in part, for any services to induce the termin ation of that child
by means of an artificial abortion reg ardless of whether the
abortion is obtained within the jurisdiction of this state.
SECTION 3. This act shall become effective July 1, 2023.
SECTION 4. It being immediately necessary for the pre servation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-1-374 TEK 1/18/2023 10:32:15 AM