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STATE OF OKLAHOMA
1st Session of the 59th Legisla ture (2023)
HOUSE BILL 1985 By: Maynard
AS INTRODUCED
An Act relating to the paternal obligations of
parents to their unborn children; defining terms;
providing for penalties; providing for exceptions;
providing for codification; and pro viding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-245 of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Father" means the man recognized by law as the male parent
of a child, born or un born, or whose sperm was involved in the
fusion of gametes initiating the biological d evelopment 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;
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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 h er unborn child during
pregnancy by a licensed medical professional or certified nurse
midwife for the purpos e of monitoring the health of the mother and
her child, identifying changes that may lead to a high-risk
pregnancy, explaining nut ritional requirements during and after the
pregnancy, explaining and provi ding activity recommendations or
restrictions for pregnancy health, addressing concerns common to a
pregnancy, preventing or treating conditions that could complicate
the pregnancy or threaten the he alth of the mother or her unborn
child. This includes clinical tests related to the pregnancy,
routine screenings for: blood pressure or blood -type problems,
diabetes, genetic disorders, immunity, sexually transmitted
infections or urine problems; routine doctor visits once every two
(2) to six (6) weeks during the first twenty-eight (28) weeks of
gestation, once every two (2) to four (4) weeks from twenty-eight
(28) to thirty-six (36) weeks of gestation, weekly from we ek thirty-
six (36) to delivery or as recommended by the prenatal -care
provider; ultrasounds to det ect problems with the unborn child,
high-risk obstetric care resulting from c omplications in the
pregnancy;
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5. "Prenatal paternity test" means scientifically reliable
genetic test capable of est ablishing paternity of an unborn child
with a statistical accuracy of at least ninety-five percent (95%),
including but not limited to non-invasive prenatal paternity,
amniocentesis or chorionic villus sampling.
6. "Second parent" means any individual recognized by law as
the parent of said child upon birth other t han the mother; and
7. "Unborn child" means a member of the species hom o sapiens,
at any stage of development, whom is carried in th e womb.
SECTION 2. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 1-245.1 of Title 63, unless
there is created a duplication in numbering, read s as follows:
A. The father or second parent of an unborn child shall be
liable to provide financial coverage for med ically necessary and
appropriate prenatal care received by th e mother of the child during
her pregnancy, unless the parties have ma de legally binding
arrangements to the contrary. The amount of the financial cov erage
shall be equal to either one-half (1/2) of the mother's out-of-
pocket expenses for such prenatal c are or in the amount that the
obligor would owe in child support for a child after birth,
whichever is less.
B. An action to establish or en force the obligation of support
may be brought by the m other of the child or by the public authority
charged with the support of the child.
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C. Proceedings to establish paternity may be bro ught in the
appropriate district court or through the Department of H uman
Services. Proceedings may be brought by the mot her, father or
second parent of the child, the Departmen t of Human Services or the
district attorney. In such a case, the court may issue an order
adjudicating whether a man alleged or claiming to be t he father is
the parent of the child through the appli cation of a prenatal
paternity test or by other means.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-245.2 of Title 63, unless
there is created a duplication in numbering, reads as foll ows:
A person who willfully fails to pay a support obliga tion, once
established by the court, shall be punishable by not mo re than six
(6) months in prison or county jail for a first offense and one (1)
year in prison or county jail for a second or subsequ ent offense if
such obligation has remained unpaid for a perio d longer than one (1)
year or is greater than Five Thousand Do llars ($5,000.00). Upon
conviction under this section, the court shall order restitution in
an amount equal to the total unpaid obligation as it exists at the
time of sentencing.
SECTION 4. NEW LAW A new section of law to be co dified
in the Oklahoma Statutes as Sectio n 1-245.3 of Title 63, unless
there is created a duplication in numbering, reads as follows:
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Nothing in this law should be interpreted as holding the father
of an unborn child lia ble to pay, in whole or in part, for services
to induce the termination of th at child by means of artificial
abortion.
SECTION 5. This act shall become eff ective November 1, 2023.
59-1-7159 TJ 01/18/23