II 118th CONGRESS 1st Session S. 3485 IN THE SENATE OF THE UNITED STATES December 13, 2023 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title IV of the Social Security Act to establish requirements for biological fathers to pay child support for medical expenses incurred during pregnancy and delivery.

1. Short title This Act may be cited as the Supporting Healthy Pregnancy Act of 2023 . 2. Requiring biological fathers to pay child support for medical expenses incurred during pregnancy and delivery (a) In general Section 454 of the Social Security Act ( 42 U.S.C. 654 ) is amended— (1) in paragraph (33), by striking and after the semicolon; (2) in paragraph (34), by striking the period and inserting ; and ; (3) by inserting after paragraph (34), the following: (35) provide that the State shall establish and enforce a child support obligation of the biological father of a child to pay for not less than 50 percent of the reasonable out-of-pocket medical expenses (including health insurance premiums or similar charge, deductions, cost sharing or similar charges, and any other related out-of-pocket expenses) the mother of the child is responsible for that are incurred during, and associated with, the pregnancy and delivery of the child, provided that the mother requests the payment of such support. . (b) Rule of construction (1) In general Nothing in paragraph (35) of section 454 of the Social Security Act ( 42 U.S.C. 654 ), as added by subsection (a), shall be construed to imply that an expense associated with an abortion is a medical expense. (2) Abortion defined For purposes of this subsection, the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove an ectopic pregnancy or a dead unborn child. (c) Effective date (1) In general Subject to paragraph (2), the amendments made by subsection (a) shall take effect on January 1 of the first calendar year that begins after the date of enactment of this Act. (2) Delay if state legislation required In the case of a State plan under part D of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature.