1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 656 By: Bullard
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6 AS INTRODUCED
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7 An Act relating to child support; creating the
7 Paternal Responsibility Act; providing short title;
8 defining terms; making certain persons financially
8 liable for certain prenatal care except under
9 specified condition; stipulating amount of financial
9 coverage; specifying who may bring certain actions;
10 authorizing certain action to establish paternity;
10 permitting issuance of certain order; providing
11 penalties for willful failure to pay support
11 obligation; construing provisions; providing for
12 codification; providing for noncodification;
12 providing an effective date; and declaring an
13 emergency.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. NEW LAW A new section of law not to be
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18 codified in the Oklahoma Statutes reads as follows:
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19 This act shall be known as the “Paternal Responsibility Act”.
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20 SECTION 2. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 120A of Title 43, unless there
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22 is created a duplication in numbering, reads as follows:
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23 A. As used in this section:
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 1 1. “Father” means the man recognized by law as the male parent
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2 of a child, born or unborn, or whose sperm was involved in the
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3 fusion of gametes initiating the biological development of the
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4 child;
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5 2. “Mother” means the woman recognized by law as the female
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6 parent of a child, born or unborn, or whose ovum was involved in the
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7 fusion of gametes initiating the biological development of the
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8 child;
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9 3. “Obligor” means the individual who owes another person
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10 financial support pursuant to this act;
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11 4. “Prenatal care” means health care, education, counseling,
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12 and resources provided for a mother and her unborn child during
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13 pregnancy by a licensed medical professional;
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14 5. “Prenatal paternity test” means a scientifically reliable
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15 genetic test capable of establishing paternity of an unborn child
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16 with a statistical accuracy of at least ninety-five per cent (95%)
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17 including, but not limited to, the Non-Invasive Prenatal Paternity
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18 (NIPP) Test;
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19 6. “Second parent” means any individual recognized by law as
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20 the parent of an unborn child, or who will be recognized by law as
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21 the parent of the child upon birth other than the mother; and
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22 7. “Unborn child” or “unborn person” means the unborn offspring
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23 of human beings from the moment of conception, through pregnancy,
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 1 and until live birth including the human conceptus, zygote, morula,
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2 blastocyst, embryo, and fetus.
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3 B. 1. The father or second parent of an unborn child shall be
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4 liable to provide financial coverage for medically necessary and
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5 appropriate prenatal care received by the mother of the child during
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6 her pregnancy, unless the parties have made legally binding
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7 arrangements to the contrary. The amount of the financial coverage
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8 shall be equal to either one half (1/2) of the mother’s out of
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9 pocket expenses for such prenatal care or in the amount that the
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10 obligor would owe in child support for a child after birth,
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11 whichever is less.
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12 2. An action to establish or enforce the obligation of support
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13 may be brought by the mother of the child or by the public authority
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14 chargeable with the support of the child.
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15 3. Proceedings to establish paternity may be brought in the
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16 appropriate district court or through the Department of Human
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17 Services. Proceedings may be brought by the mother, father, or
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18 second parent of the child, the Department of Human Services or the
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19 district attorney. In such a case, the court may issue an order
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20 adjudicating whether a man alleged or claiming to be the father is
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21 the parent of the child through the application of a prenatal
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22 paternity test or by other means.
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23 C. A person who willfully fails to pay a support obligation,
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24 once established by the court, shall be punishable by not more than
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 1 six (6) months in the county jail for a first offense and one (1)
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2 year in the custody of the Department of Corrections for a second or
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3 subsequent offense if such obligation has remained unpaid for a
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4 period longer than one (1) year or is greater than Five Thousand
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5 Dollars ($5,000.00). Furthermore, upon a conviction under this
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6 section, the court shall order restitution in an amount equal to the
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7 total unpaid obligation as it exists at the time of the sentencing.
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8 D. Nothing in this section shall be construed to hold the
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9 father or second parent of an unborn child liable to pay, in whole
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10 or in part, for any services to induce the termination of that child
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11 by means of an artificial abortion regardless of whether the
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12 abortion is obtained within the jurisdiction of this state.
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13 SECTION 3. This act shall become effective July 1, 2023.
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14 SECTION 4. It being immediately necessary for the preservation
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15 of the public peace, health or safety, an emergency is hereby
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16 declared to exist, by reason whereof this act shall take effect and
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17 be in full force from and after its passage and approval.
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19 59-1-374 TEK 1/18/2023 10:32:15 AM
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