Texas Law and Child Support for Unborn Children: Is It Required?

Understanding Child Support in Texas Law

In Texas, the issue of child support is taken very seriously, with the state's family code laying out clear directives for the financial responsibilities of parents towards their children. Child support is designed to ensure that a child's basic needs are met, including food, shelter, clothing, and education. Generally, these guidelines are applied once a child is born, but what happens when the child is still unborn? This question introduces a complex legal area that intersects with family law and the rights of unborn children.

Child Support for Unborn Children: The Legal Stance

As it currently stands, Texas law does not explicitly require noncustodial parents to pay child support for an unborn child. Child support obligations typically begin after the birth of the child when legal paternity can be established and a formal order can be put in place by the court. However, this does not mean that the needs of pregnant mothers and unborn children are entirely disregarded.

Prenatal expenses and childbirth costs may be awarded as part of a paternity suit or as part of a divorce decree if the pregnancy occurred during the marriage. In such cases, courts may order the father to pay for medical expenses related to the pregnancy and delivery.

Historical Context and Exceptions

The treatment of unborn children in family law has evolved over time. Historically, under common law precedents, unborn children were not considered persons for purposes like inheritance until they were born alive. However, modern laws recognize the interests of unborn children in various contexts, including estate law and wrongful death suits.

In some instances, Texas courts have addressed the welfare of unborn children indirectly. For example, in Texaco v. Chandler (1987), the Texas Supreme Court recognized an unborn child's right to inherit in a wrongful death lawsuit if the child was conceived before but born after the decedent's death.

The Process of Establishing Paternity

To enforce child support obligations in Texas, paternity must first be established. This can be done voluntarily through an Acknowledgment of Paternity form or through court proceedings. Once paternity is confirmed, the court may issue orders regarding child support.

An example of how paternity issues can affect child support for unborn children occurred in In re P.A.C., where a Texas court concluded that retroactive child support could include expenses incurred during pregnancy once paternity was established.

Supporting Expectant Mothers: Voluntary Agreements

While not legally mandated to provide support for unborn children, expectant fathers may still enter into voluntary agreements to assist with pregnancy-related expenses. Such agreements can be formalized with legal assistance and could potentially be integrated into future child support orders upon request.


In summary, while Texas law does not require noncustodial parents to pay child support specifically for an unborn child, there are mechanisms within family law that ensure expectant mothers and their unborn children receive financial assistance related to pregnancy and childbirth costs under certain circumstances. As family dynamics continue to evolve, so too will the legal considerations surrounding prenatal support and parental responsibilities.