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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legisla ture (2023)
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32	32	HOUSE BILL 1985 By: Maynard
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38	38	AS INTRODUCED
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40	40	An Act relating to the paternal obligations of
41	41	parents to their unborn children; defining terms;
42	42	providing for penalties; providing for exceptions;
43	43	providing for codification; and pro viding an
44	44	effective date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. NEW LAW A new section of law to be codified
52	52	in the Oklahoma Statutes as Section 1-245 of Title 63, unless there
53	53	is created a duplication in numbering, reads as follows:
54	54	As used in this act:
55	55	1. "Father" means the man recognized by law as the male parent
56	56	of a child, born or un born, or whose sperm was involved in the
57	57	fusion of gametes initiating the biological d evelopment of the
58	58	child;
59	59	2. "Mother" means the woman recognized by law as the female
60	60	parent of a child, born or unborn, or whose ovum was involved in the
61	61	fusion of gametes initiating the biological development of the
62	62	child;
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89	89	3. "Obligor" means the individual who owes another person
90	90	financial support pursuant to this act;
91	91	4. "Prenatal care" means health care, education, counseling and
92	92	resources provided for a mother and h er unborn child during
93	93	pregnancy by a licensed medical professional or certified nurse
94	94	midwife for the purpos e of monitoring the health of the mother and
95	95	her child, identifying changes that may lead to a high-risk
96	96	pregnancy, explaining nut ritional requirements during and after the
97	97	pregnancy, explaining and provi ding activity recommendations or
98	98	restrictions for pregnancy health, addressing concerns common to a
99	99	pregnancy, preventing or treating conditions that could complicate
100	100	the pregnancy or threaten the he alth of the mother or her unborn
101	101	child. This includes clinical tests related to the pregnancy,
102	102	routine screenings for: blood pressure or blood -type problems,
103	103	diabetes, genetic disorders, immunity, sexually transmitted
104	104	infections or urine problems; routine doctor visits once every two
105	105	(2) to six (6) weeks during the first twenty-eight (28) weeks of
106	106	gestation, once every two (2) to four (4) weeks from twenty-eight
107	107	(28) to thirty-six (36) weeks of gestation, weekly from we ek thirty-
108	108	six (36) to delivery or as recommended by the prenatal -care
109	109	provider; ultrasounds to det ect problems with the unborn child,
110	110	high-risk obstetric care resulting from c omplications in the
111	111	pregnancy;
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138	138	5. "Prenatal paternity test" means scientifically reliable
139	139	genetic test capable of est ablishing paternity of an unborn child
140	140	with a statistical accuracy of at least ninety-five percent (95%),
141	141	including but not limited to non-invasive prenatal paternity,
142	142	amniocentesis or chorionic villus sampling.
143	143	6. "Second parent" means any individual recognized by law as
144	144	the parent of said child upon birth other t han the mother; and
145	145	7. "Unborn child" means a member of the species hom o sapiens,
146	146	at any stage of development, whom is carried in th e womb.
147	147	SECTION 2. NEW LAW A new secti on of law to be codified
148	148	in the Oklahoma Statutes as Section 1-245.1 of Title 63, unless
149	149	there is created a duplication in numbering, read s as follows:
150	150	A. The father or second parent of an unborn child shall be
151	151	liable to provide financial coverage for med ically necessary and
152	152	appropriate prenatal care received by th e mother of the child during
153	153	her pregnancy, unless the parties have ma de legally binding
154	154	arrangements to the contrary. The amount of the financial cov erage
155	155	shall be equal to either one-half (1/2) of the mother's out-of-
156	156	pocket expenses for such prenatal c are or in the amount that the
157	157	obligor would owe in child support for a child after birth,
158	158	whichever is less.
159	159	B. An action to establish or en force the obligation of support
160	160	may be brought by the m other of the child or by the public authority
161	161	charged with the support of the child.
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188	188	C. Proceedings to establish paternity may be bro ught in the
189	189	appropriate district court or through the Department of H uman
190	190	Services. Proceedings may be brought by the mot her, father or
191	191	second parent of the child, the Departmen t of Human Services or the
192	192	district attorney. In such a case, the court may issue an order
193	193	adjudicating whether a man alleged or claiming to be t he father is
194	194	the parent of the child through the appli cation of a prenatal
195	195	paternity test or by other means.
196	196	SECTION 3. NEW LAW A new section of law to be codified
197	197	in the Oklahoma Statutes as Section 1-245.2 of Title 63, unless
198	198	there is created a duplication in numbering, reads as foll ows:
199	199	A person who willfully fails to pay a support obliga tion, once
200	200	established by the court, shall be punishable by not mo re than six
201	201	(6) months in prison or county jail for a first offense and one (1)
202	202	year in prison or county jail for a second or subsequ ent offense if
203	203	such obligation has remained unpaid for a perio d longer than one (1)
204	204	year or is greater than Five Thousand Do llars ($5,000.00). Upon
205	205	conviction under this section, the court shall order restitution in
206	206	an amount equal to the total unpaid obligation as it exists at the
207	207	time of sentencing.
208	208	SECTION 4. NEW LAW A new section of law to be co dified
209	209	in the Oklahoma Statutes as Sectio n 1-245.3 of Title 63, unless
210	210	there is created a duplication in numbering, reads as follows:
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237	237	Nothing in this law should be interpreted as holding the father
238	238	of an unborn child lia ble to pay, in whole or in part, for services
239	239	to induce the termination of th at child by means of artificial
240	240	abortion.
241	241	SECTION 5. This act shall become eff ective November 1, 2023.
242	242
243	243	59-1-7159 TJ 01/18/23

Oklahoma 2024 Regular Session

Oklahoma House Bill HB1985 Compare Versions