Nebraska bill would let mothers seek support before birth

The Nebraska Department of Health and Human Services would establish and enforce support obligations for an unborn child’s biological father when the mother asks. The proposal covers an unborn child’s biological father and the child’s mother. It defines an unborn child as a human at any stage of development in the womb. The mother must request the department’s help.

A court would set the support amount, and the obligation could begin in the month of conception. The support obligation would concern the unborn child’s biological father and the child’s mother. A physician would determine the month of conception. The obligation would begin in that month if the mother asks; otherwise, it may begin then. The court would consider the best interests of the mother and child. Payments could be collected retroactively, including when paternity is established after birth. The obligation could begin in the month the child was conceived. If the mother asks, it would begin in that month.

A mother could apply for an unborn child support order, and paternity measures would be limited. The mother could apply to the county attorney, an authorized attorney, or another office designated by the state health department. A paternity measure could not be required without the mother’s consent. A measure to establish paternity before birth could not be taken if it poses any risk of harm to the unborn child.