This unconstitutional denial of due process requires men to be responsible for children based solely upon the word of the mother with no opportunity to settle the matter through testing and/or DNA testing. The full text of the legislation and activity on it can be found at this link. The Mens Action Network urges all men, and all persons interested in truth and due process and the rights of children to contact their Senators and others in opposition to this proposed legislation. In addition to contacting the Sponsor and Co-sponsors also contact the Committee on Finance Members (especially if it is your Senator) and the Senators from your state. Information on finding your U.S. Senator, Leadership, Committees and members, including how to information click this link.
Simply copy from “The Mens Action Network is OPPOSED” (substituting “I am” or your organization name as appropriate), click on the link provided, fill out the form and paste this into the narrative section. Feel free to modify it to meet your views and/or those of your organization. Given this is an election season and both parties are vying for control of the Senate you stand a better chance of your views being paid attention to.
Hon. Ron Wyman (D-OR), Chairman, Committee on Finance
Hon. Mike Crapo (R-ID), Ranking Member, Committee on Finance
Bill Sponsor: Hon. Kevin Cramer, (R-ND), Co-sponsors: Hon. Steve Daines (R-MT), Hon. Jim Inhofe (R-OK), Hon. Marsha Blackburn (R-TN), Hon. Rick Scott (R-FL), Hon. Roger Marshall (R-KS), Hon. James Lankford (R-OK), Hon. Roger Wicker (R-MS), Hon. Mark Rubio (R-FL), Hon. John Hoeven (R-ND), Hon. Cindy Hyde-Smith (R-MS).
The Mens Action Network is OPPOSED to S-4512 the Unborn Child Support Act and we submit this memo in opposition to be included as part of the official record.
As a knee jerk reaction to the recent SCOTUS decision on Roe and many red states restricting or eliminating abortion Sen. Kevin Cramer (R-ND) and some Senate Republicans have introduced the Unborn Child Support Act. And just as “Child Support” is government double speak for an arbitrary child excise tax placed upon fathers who have been forced out of their child’s life by government laws and policies, so too is the “Unborn Child Support Act.” The bill would allow a “pregnant parent” (so called in the bills summary) to have the state enforce child support obligations of the biological father of an unborn child to the mother with the amount “determined by the court, with consultation of the mother” and providing further that “any measure to establish paternity of a child (born or unborn) shall not be required without the consent of the mother.”
The latter part is so egregious that the bill should be called the Denial of Due Process while Supporting False Paternity Act. Further, the bill doesn’t set any guidelines on the amount of “child support” and, just as we have seen with child support standards act add ons and imputed income, we can expect many Judges to award amounts which will render the man impoverished and unable to pay resulting in draconian measures being used to collect the debt, up to and including incarceration. And just as in Child Support the amount has no basis on the needs of the child and if the mother is receiving ANY welfare benefits the amount paid is returned to federal coffers providing no benefit to children.
An unintended consequence of the bill will be that women will be able to file for “child support” for children they can subsequently abort, as always this regardless if the father wishes to raise the child. And while many red states have limited or abolished abortion the “child support” ordered will offset costs of travel, etc. to a state that allows abortion. And to maximize the amount she will receive the “pregnant parent” has incentives to extend the pregnancy as long as she can, choosing a state which allows abortions in the third trimester and scheduling it just before the birth of the child. Ironically, this bill by Senate Republican’s will undermine red states which have restricted abortion and provide perverse incentives in blue states to delay abortions to the last legal minute.
Paternity Fraud and False Paternity: Paternity fraud is where a woman knows she has had relations with more than one man yet intends to label another the father suspecting he is not the biological father. This often, but not exclusively, occurs in marriage. False paternity is when a woman has relations with more than one man but thinks he may be the father and the man accepts paternal responsibility, most often occurring in out-of-wedlock cases. 80% of out-of-wedlock fathers are at the hospital at the time of the birth of their child and many sign on the birth certificate as the father, most unknowing that paternity testing at a later date will not alleviate them from the financial responsibility.
Unscrupulous women will name a man with financial means as the father and many men have paternity testing done before they accept responsibility for a child which may not be theirs. This bill would negate the ability to establish paternity above the statements of the mother as any measure to establish paternity of a child (born or unborn) shall not be required without the consent of the mother ( bold and italics added). Reasonable estimates at the false paternity rate in out-of-wedlock cases are as high as 10% and given the perverse incentives here we expect that to increase as unscrupulous women name the highest earning male she knows as the father as he will have no means to establish actual paternity. Elon Musk, Jeff Bezos, and Mark Zuckerberg better get ready for the onslaught of filings which they will not be able to disprove due to the law.
Mommy’s baby is Daddy’s maybe. Currently the law does NOT allow a man to escape his financial responsibility when he is the victim of paternity fraud or false paternity. To stop false paternity we should have mandatory at birth DNA testing. A CHILD has a right to know who their biological father is. Further, any man who finds he is NOT the biological father of a child which he has been acting as a father should be relieved of any and all forced financial responsibility while at the same time, at the courts discretion, retaining his rights to access and parent the child.
The “Child Support” Standards Act, when enacted, was designed not to provide financially for children but to return to federal coffers from fathers money that was given to mothers in federal aid (Welfare, AFCD, Food Stamps, etc.). Based on a percentage of income per child it is an excise tax and has no bearing on the money needed to raise a child. In cases where the money doesn’t go to the government, it again has no bearing on the needs of the child but is an income transfer from fathers to mothers, with no accountability on how it is spent, and with the fathers bearing the weight of the taxes. As such it is a financial windfall for the mother, see ‘Child Excise Tax Freedom Day for “Non Custodial” Parents’, and often poverty for the father.
The anti-father, anti-male, gynocentric perspective is evident in the bill when it states it is, “taking into account the best interest of the mother and child” ignoring the needs of the father entirely and also the fact that BOTH parents have equal rights and RESPONSIBILITIES for their child. It is in the child’s best interest to live in a household with BOTH of their biological parents providing for their financial and emotional needs and contrary to working towards this end the bill will further drive fathers from their families and children, deny due process, and encourage fraud in establishing paternity.