A bill was passed by lawmakers in Kentucky on Tuesday that would give the right to seek child support for unborn children. This reflects a larger push in some Republican-led states to pass laws granting fetuses the same rights as individuals.

The proposed law would enable a parent to request financial support for their child within one year of giving birth to cover expenses related to the pregnancy. The Senate Families and Children Committee voted in favor of the bill, sending it to the entire Senate for consideration. This vote marks the initial decision on the legislation, which was introduced in January and assigned to the committee over a month ago. In Kentucky, the Senate and House are both dominated by Republicans.

At least six states, including Kentucky, have put forth proposals similar to a law in Georgia that allows for child support to be pursued from the moment of conception. Georgia also permits expectant parents to claim their income tax deduction for dependent children before birth, while Utah implemented a pregnancy tax break in the past year. Several variations of these measures are currently being considered by lawmakers in at least four other states.

The recent decision by the Alabama Supreme Court, which declared frozen embryos as legally protected children, has brought attention to the anti-abortion movement’s ongoing efforts to provide embryos and fetuses with equal legal and constitutional rights as their carriers.

Kentucky’s Republican Senator Whitney Westerfield, who is adamantly against abortion, is introducing a bill known as Senate Bill 110. This bill would permit child support to be implemented retroactively to provide for a fetus.

The individual stated to the committee that the child is a human being and therefore, the responsibility for support starts at the beginning of that life. They believe that it should be possible to pursue support at that time.

The committee changed the bill so that it only pertains to child support that is ordered within the first year after birth. This means that seeking a court order for support dating back to the time of conception must be done within a strict time frame.

“If a child support order is not in place until the child turns 8, this rule will not be applicable,” stated Westerfield. “Even if the order is established within a year and a day of the child’s birth, this rule does not apply. It solely pertains to orders that are put in place within a year of the child’s birth.”

After the bill was passed, some advocates for abortion rights in Kentucky shared their concerns.

“This particular legislation establishes the foundation for recognizing personhood,” stated Tamarra Wieder, the State director of Planned Parenthood Alliance Advocates in Kentucky. “SB 110 is a dangerous path that will ultimately lead us down the same path as the recent Alabama court ruling.”

“Rather than promoting the notion of personhood through child support, this legislation should shift its focus towards providing support for pregnant individuals. This could include expanding insurance coverage, implementing paid leave policies, or exploring other alternative options that offer more inclusive benefits,” she suggested.

One possible challenge for the Kentucky legislation is the additional financial burden that county lawyers would face in implementing child support orders for unborn children. In these situations, prosecuting attorneys would not be able to use the usual federal funding to cover the costs of enforcing child support, as stated by Westerfield.

The proponents of the bill may request a state funding to cover the extra expenses. In March, leaders from the House and Senate will negotiate the final specifics of the state’s budget for the next two years.

According to Republican state Sen. Danny Carroll, the chairman of the committee, the acknowledgement of the unborn in the bill for child support reasons is a crucial aspect for those who are against abortion.

Carroll stated that this is where life begins, and thus where the responsibility to provide care for the child should also begin. This is a matter of fundamental fairness that cannot be overlooked.