Kansas governor vetoes child support for fetuses

Reproductive rights advocates hold up signs during a Monday, April 29, 2024 rally in the Statehouse. Despite widespread Kansan support for reproductive rights, lawmakers continue to chip away at abortion protections in the state. (Rachel Mipro/Kansas Reflector)

TOPEKA — Gov. Laura Kelly used her veto pen on legislation that would have opened up a pathway for child support claims to be made on behalf of fetuses, characterizing the legislation as a blatant attempt by extreme politicians to “take more control over women.”

Senate Bill 232, supported by anti-abortion lobbying organizations, would have required the Supreme Court to adopt rules considering medical and pregnancy-related expenses for pregnant women, factoring in this child support at any time after the date of conception.

Passed 82-38 in the House and 25-12 in the Senate, the legislation specified that these child support payments for medical expenses incurred during pregnancy couldn’t be collected in cases where the woman receives an “elective” abortion. Exceptions would be allowed in cases where the abortion was performed to save the pregnant woman’s life. There is no chance to override the governor’s veto because lawmakers have already adjourned the legislative session. 

“This divisive legislation has broad and sweeping implications that undermine the will of the majority of Kansans who voted overwhelmingly in 2022 to protect the constitutional rights of women to make decisions about pregnancy,” Kelly said Friday. “This is another blatant attempt by extreme politicians in the Legislature to take more control over women and their families’ personal, private medical decisions.”

The Kansas Supreme Court in 2019 determined the state constitution’s right to bodily autonomy extends to the decision to terminate a pregnancy. Voters in August 2022 rejected a proposed constitutional amendment that would have allowed lawmakers to ban abortion without exception. Despite this public support of reproductive rights, Republican lawmakers have continued to attempt to discourage abortion through a variety of bills in every legislative session since.

During the initial discussion of the legislation, critics raised concerns over the complications of paternity testing for a fertilized egg. Supporters of abortion rights said allowing fetuses legal rights and protections would open the door to future restrictions on abortion in a state where the majority of residents support reproductive rights.

Under current law, parental relationships aren’t legally established until after a child is born and paternity is confirmed. Pregnancy-related costs are settled through judgments after a child is born.

Republican House leadership said women need more immediate financial support. House Speaker Dan Hawkins, Majority Leader Chris Croft, and Speaker Pro Tempore Blake Carpenter issued a joint statement about Kelly’s veto.

“Women facing an unexpected pregnancy need support long before the baby is born,” the statement read. “Between doctor’s appointment copays, sonograms, and other costs, prenatal expenses can get very pricey for women to handle simply on their own. The governor’s veto of this bill has failed Kansas women by dismissing financial accountability for the father.”

The bill is one of several anti-abortion measures passed this session. The Legislature successfully overrode Kelly’s veto of an “abortions reasons” bill, House Bill 2749. Abortion patients will have to answer a series of questions before undergoing the procedure, including questions asking them if they have been raped, if they have an abusive partner, and if the pregnancy is the result of incest.

Kelly’s veto of an “abortion coercion bill,” House Bill 2436, also was overridden, creating a new felony crime for people who try to force a woman to end a pregnancy despite her expressed desire to give birth.

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