The Texas Public Policy Foundation (TPPF) published a commentary on May 14, arguing that Texas should reform its child support laws to require financial contributions from fathers beginning at the moment of conception.
According to the commentary by Hannah Bruck, the current legal “architecture” surrounding fatherhood — including visitation and enforcement — starts nine months too late, leaving pregnant women, in some cases, to carry the full economic burden of prenatal care alone.
According to Bruck, under current Texas law, courts have the permission, but not a mandatory requirement, to order retroactive prenatal support once paternity is established.
Bruck notes that the statutory use of the word “may” creates significant financial gaps for families, especially given that the average cost of pregnancy and postpartum care exceeds $18,000. The proposal suggests Texas should follow the lead of states like Utah, which passed a 2021 law requiring fathers to cover at least half of all pregnancy-related expenses.
Bruck argues that the conversation around fatherhood centers on the birth certificate, ignoring the immediate financial realities of confirmed pregnancy, such as prenatal appointments, insurance premiums, and the purchase of essential equipment like cribs and car seats.
TPPF data highlights the economic pressure on single mothers, noting that 38% live below the poverty line. In Texas specifically, delivery costs alone average over $10,000, and a single mother can expect to spend nearly half of her annual income on childcare and base costs during an infant’s first years.
TPPF emphasizes that requiring early support is not a novel or strictly partisan concept. Bruck cites historical precedents, such as a 1793 Georgia law requiring security for children “born or to be born,” and 1922 model legislation from the National Conference of Commissioners on Uniform State Laws that mandated fathers cover necessary pregnancy expenses.
A 2022 national survey found that roughly half of Americans — including nearly equal shares of pro-life and pro-choice respondents — support the commencement of child support at conception.
The commentary identifies Georgia and Kentucky as other states moving toward similar models, with Kentucky’s version recently passing its state Senate 36 to 2. Bruck argues that reform is not about expanding government entitlements but is instead a “straightforward question about who pays for something both parties created.”
By mandating support during the nine months of pregnancy, the TPPF suggests the law would better reflect the biological and economic reality that fatherhood does not simply begin at delivery.
“A father did not become a father at delivery,” Bruck said, arguing that the law should finally reflect the months of physical and economic cost set in motion by both parents.