Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2165 By: Deevers
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6 AS INTRODUCED
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7 An Act relating to child support; creating the Child
7 Support Upon Conception Act; providing short title;
8 providing legislative findings; authorizing mothers
8 to file for child support under certain
9 circumstances; establishing procedures for proof of
9 pregnancy and paternity; authorizing prenatal genetic
10 testing; defining term; authorizing temporary pre-
10 birth child support under certain circumstances;
11 providing for penalties for false accusations and
11 coercion; providing remedies for the accused;
12 construing provisions; providing for noncodification;
12 providing for codification; and providing an
13 effective date.
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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 and may be cited as the "Child Support
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20 Upon Conception Act".
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21 SECTION 2. NEW LAW A new section of law not to be
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22 codified in the Oklahoma Statutes reads as follows:
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23 The Legislature finds and declares that:
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24 1. Human life begins at conception;
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1 2. A unique human being is created at the moment of
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2 fertilization with his or her own distinct DNA;
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3 3. The preborn child is a person entitled to the full and equal
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4 protection of the laws of this state at every stage of development;
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5 and
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6 4. The rights and duties that attach to parenthood including,
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7 but not limited to, the duty to protect the child from harm and the
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8 duty of support begin at conception.
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9 SECTION 3. NEW LAW A new section of law to be codified
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10 in the Oklahoma Statutes as Section 141 of Title 43, unless there is
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11 created a duplication in numbering, reads as follows:
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12 A. A biological mother may initiate a child support action upon
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13 verified conception of pregnancy, provided the requirements of this
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14 section are met. A support order issued pursuant to this act shall
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15 be treated for all legal purposes as a temporary child support
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16 order, subject to modification after the birth of the child pursuant
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17 to Title 43 of the Oklahoma Statutes.
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18 B. Prior to any support order, the mother shall provide
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19 verified medical documentation issued by a licensed physician,
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20 Certified Nurse-Midwife, physician's assistant, or other medical
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21 professional authorized under the laws of this state confirming that
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22 she is pregnant, the gestational age of the unborn child, and any
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23 medical findings relevant to establishing approximate conception.
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24 No support action may proceed without verified proof of pregnancy.
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1 C. The date of conception shall be established using medical
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2 documentation from a licensed physician or other qualified medical
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3 professional providing prenatal assessments. The medical
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4 professional shall provide a written assessment including the
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5 estimated gestational age, any observed developmental indicators,
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6 the approximate date of conception, and a statement that the
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7 assessment represents the medical professional's best medical
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8 judgment. The court shall rely on this assessment as primary
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9 evidence unless a more accurate date is established by clear and
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10 convincing evidence. If conflicting assessments exist, the court
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11 may order an independent medical evaluation and allocate costs in
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12 the interests of justice.
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13 D. No man shall be subject to a temporary support obligation
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14 unless biological paternity is established. The mother may request
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15 legally admissible DNA testing, including noninvasive prenatal
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16 paternity testing, pursuant to Section 7700-501 et seq. of Title 10
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17 of the Oklahoma Statutes. If noninvasive testing is not feasible,
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18 the court may order other testing permitted by the laws of this
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19 state. Refusal to cooperate with testing may be considered evidence
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20 under existing parentage statutes. Knowingly false statements
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21 regarding biological paternity shall be subject to penalties for
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22 perjury pursuant to Section 500 of Title 21 of the Oklahoma
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23 Statutes.
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1 E. 1. Upon verification of pregnancy and paternity, the court
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2 may order reasonable prenatal support including, but not limited to,
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3 pregnancy-related medical expenses, reasonable living expenses
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4 necessary for maternal and fetal health, childbirth preparation
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5 costs, and prenatal care, vitamins, and medically recommended
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6 treatments.
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7 2. Support shall be calculated consistent with the guidelines
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8 described in Title 43 of the Oklahoma Statutes to the extent
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9 practicable and shall continue until birth, at which time the court
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10 shall issue a standard post-birth child support order.
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11 SECTION 4. NEW LAW A new section of law to be codified
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12 in the Oklahoma Statutes as Section 142 of Title 43, unless there is
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13 created a duplication in numbering, reads as follows:
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14 A. As used in this section, "temporary custody" and "temporary
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15 sole custody" mean legal custodial authority to seek protective
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16 orders, emergency medical relief, and all remedies available under
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17 Title 10A of the Oklahoma Statutes and shall not require physical
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18 possession of the child.
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19 B. 1. Upon issuance of any temporary pre-birth support order
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20 pursuant to subsection E of Section 3 of this act, the preborn child
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21 shall be deemed a deprived child for all purposes of the Oklahoma
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22 Children's Code and shall be under continuing court jurisdiction.
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23 2. The biological father shall possess full parental standing,
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24 including the right to petition for emergency temporary sole custody
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1 or guardianship or injunctive or restraining relief to prevent
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2 imminent physical harm or death to the child.
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3 C. Any person with knowledge of imminent danger may report the
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4 same to law enforcement or the Department of Human Services, which
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5 shall have authority to seek emergency custody under Section 1-4-201
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6 et seq. of Title 10A of the Oklahoma Statutes.
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7 D. Courts shall apply the same standards, burdens, and
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8 presumptions applicable to protection of born children, including
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9 the rebuttable presumption that continued life and bodily integrity
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10 are in the child's best interest. Courts may issue ex parte relief
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11 to prevent imminent and irreversible harm, with an adversarial
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12 hearing within seventy-two (72) hours. No bond shall be required.
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13 E. Upon filing of any petition under this section, the court
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14 shall appoint a guardian ad litem for the preborn child at state
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15 expense with independent standing to seek protective relief. The
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16 court may enjoin any person from removing the preborn child from
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17 this state or facilitating conduct outside this state for the
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18 purpose of causing harm or death to the child.
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19 F. If paternity is disproven, the court shall terminate all
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20 orders and require reimbursement of all costs and support paid. The
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21 falsely accused may bring a civil action for damages, which may
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22 include actual and punitive damages, attorney fees, and court costs.
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23 G. If a preborn child dies from nonnatural causes after support
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24 has been paid, all support shall be reimbursed and the father shall
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1 have a private cause of action under Section 1053 of Title 12 of the
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2 Oklahoma Statutes without a statutory cap. The reimbursement
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3 obligation is nondischargeable and accrues statutory interest.
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4 H. 1. Upon filing of any protective petition, the court shall
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5 appoint a guardian ad litem for the preborn child.
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6 2. Any person who knowingly or maliciously makes a false
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7 statement under this act with intent to cause harm shall be subject
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8 to civil penalties proportionate to the intended harm, including
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9 sanctions for malicious prosecution.
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10 3. If a preborn child dies from nonnatural causes after
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11 jurisdiction has been established, the Department of Human Services
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12 and law enforcement shall conduct an investigation consistent with
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13 procedures applicable to the death of a born child.
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14 I. Any person who pressures, coerces, or solicits the mother to
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15 cause harm or death to the preborn child shall be subject to civil
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16 penalties, injunctive relief, loss of parental rights, and all
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17 remedies applicable to solicitation of harm against a born child.
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18 Evidence of coercion may result in termination of parental rights
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19 and protective orders.
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20 J. Nothing in this section or Section 3 of this act shall be
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21 construed to limit the court's authority under Titles 10 and 10A of
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22 the Oklahoma Statutes to protect a preborn child from abuse,
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23 neglect, or threatened harm. When a duty, standard, or protective
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24 measure applies to the protection of a born child, the court shall
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1 apply the same duty or standard to the preborn child upon
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2 establishment of jurisdiction under this act.
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3 SECTION 5. This act shall become effective November 1, 2026.
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5 60-2-3478 BLB 1/15/2026 2:07:57 PM
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Req. No. 3478 Page 7Every fact on this page links to its source, starting with the official bill record.