I 
119TH CONGRESS 
1ST SESSION H. R. 1104 
To amend part D of title IV of the Social Security Act to ensure that 
child support for unborn children is collected and distributed under 
the child support enforcement program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2025 
Ms. TENNEY introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To amend part D of title IV of the Social Security Act 
to ensure that child support for unborn children is col-
lected and distributed under the child support enforce-
ment program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Unborn Child Support 
Act’’. 
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SEC. 2. CHILD SUPPORT ENFORCEMENT ON BEHALF OF 
UNBORN CHILDREN. 
(a) STATE PLAN AMENDMENT.—Section 454 of the 
Social Security Act (42 U.S.C. 654) is amended— 
(1) in paragraph (4)(A)— 
(A) in clause (i)— 
(i) by inserting ‘‘, including an unborn 
child,’’ after ‘‘child’’; and 
(ii) by inserting ‘‘and’’ after the semi-
colon; and 
(B) in clause (ii), by inserting ‘‘, including 
an unborn child’’ after ‘‘other child’’; 
(2) in paragraph (33), by striking ‘‘and’’ after 
the semicolon; 
(3) in paragraph (34), by striking the period 
and inserting ‘‘; and’’; 
(4) by inserting after paragraph (34), the fol-
lowing: 
‘‘(35) provide that the State will establish and 
enforce child support obligations of the biological fa-
ther of an unborn child (and subsequent to the birth 
of the child) to the mother of such child provided 
that— 
‘‘(A) the mother has requested payment of 
such child support obligations; 
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‘‘(B) the start date for such obligations 
may begin with the first month in which the 
child was conceived, as determined by a physi-
cian (and shall begin with that month if the 
mother so requests); 
‘‘(C) payments for such obligations may be 
retroactively collected or awarded, including in 
the case where paternity is established subse-
quent to the birth of the child; 
‘‘(D) the payment amount for such obliga-
tions shall be determined by a court, in con-
sultation with the mother, taking into account 
the best interests of the mother and child; 
‘‘(E) any measure to establish the pater-
nity of a child (born or unborn) shall not be re-
quired without the consent of the mother; and 
‘‘(F) any measure to establish the pater-
nity of an unborn child shall not be taken if the 
measure poses any risk of harm to the child if 
unborn.’’; and 
(5) by adding at the end the following: ‘‘For 
purposes of paragraphs (4) and (35), the term ‘un-
born child’ means a member of the species homo 
sapiens, at any stage of development, who is carried 
in the womb.’’. 
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(b) LIMITATION OF WAIVER AUTHORITY.—Section 
1115 of the Social Security Act (42 U.S.C. 1315) is 
amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by striking ‘‘In the case of’’ and in-
serting ‘‘Except as provided in subsection (c), in the 
case of’’; 
(2) in subsection (b)(1), in the matter pre-
ceding subparagraph (A), by striking ‘‘In the case 
of’’ and inserting ‘‘Except as provided in subsection 
(c), in the case of’’; and 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) No experimental, pilot, or demonstration project 
undertaken under subsection (a) to assist in promoting the 
objectives of part D of title IV, may permit modifications 
of paragraphs (4)(A)(ii) and (35) of section 454 to estab-
lish and enforce child support obligations of the biological 
father of an unborn child. For purposes of the preceding 
sentence, the term ‘unborn child’ means a member of the 
species homo sapiens, at any stage of development, who 
is carried in the womb.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is 2 years 
after the date of enactment of this Act and shall apply 
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to payments under part D of title IV of the Social Security 
Act (42 U.S.C. 651 et seq.) for calendar quarters begin-
ning on or after such date. 
Æ 
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