Pregnant women in dangerous marriages need help. Update this Missouri law | Opinion

Much has been made of Missouri’s archaic law that restricts a judge from finalizing a divorce if a woman is pregnant. And rightfully so. Any measure that prevents anyone from leaving a potentially dangerous situation is a problem that should be fixed.

The draconian law has been on the books since 1973, last amended in 2016, and needs an update. Under the measure, a family court judge cannot finalize a divorce until a child is born, paternity is established and a custody agreement is put in place. The intent is to protect the financial and emotional well-being of the mother and child, a concept we support.

But no exceptions exist with the current law. As a result, victims of physical or emotional abuse or spousal rape could be put at the mercy of their abusers, victim advocates have warned.

We see no other recourse to this present ban: The Missouri General Assembly must act on House Bill 2402, a proposal that would allow a judge to finalize a divorce or legal separation no matter a woman’s pregnancy status.

Introduced earlier this year by state Rep. Ashley Aune, a Democrat from Platte County, the measure did advance to the House Emerging Issues Committee, an encouraging development, Aune told us this week.

Last year, a similar bill she proposed failed to gain traction. This year’s version has bipartisian support but needs some tweaks, according to Aune.

“The language is pretty broad,” she said.

Once more instructive language is added, Aune is hopeful the proposal will advance out of committee for a full vote before the House.

“What I am trying to do is for a judge to have another tool in the tool box to end a marriage,” she said.

H.B. 2402 is co-sponsored by Republican state Reps. Jeff Farnan of Stanberry and Sherri Gallick of Belton and Rep. Richard Brown, a Democrat from Kansas City.

Farnan represents Nodaway, Gentry, Holt and Atchison counties in northwest Missouri. During a Feb. 7 public hearing on the legislation, he said he was not aware of the current law. Three days later, he signed on as co-sponsor.

“Has this law always been this way?” Farnan inquired at the hearing. “I’ve never even heard of anything like this.”

Missouri isn’t the only state that bars judges from finalizing divorce while a woman is pregnant, according to the American Pregnancy Association, a nonprofit anti-abortion organization. Arkansas, Arizona and Texas are the others.

“It is to me, an unintended consequence of the good intentions we have in our statute to prevent what the courts call the bastardization of a child,” Aune testified at the hearing. “We want to make sure babies that are born have that support. But what I’m trying to do here is really give judges an opportunity to determine if the situation requires an additional step.”

In other states, judges have the discretion to dissolve a marriage even if a woman is pregnant. In the best interest of all parties involved in family court matters, Missouri lawmakers should give judges in our state the ability to make those tough calls, too.

Homicide 3rd leading cause of pregnancy related deaths

Last year, the Missouri Department of Health and Senior Services released the findings of a multiyear review of maternal mortality. Homicide was the third leading cause of death among all pregnancy related deaths, according to the review.

In each of the eight homicides reported, the perpetrator was either a current or former partner, according to DHSS.

Giving a judge more power to expedite the dissolution process could possibly prevent these unfortunate tragedies.

Lawmakers must consider the overall health of an unborn child. Experiencing domestic violence during pregnancy puts both mother and child at risk, according to Matthew Huffman, chief public affairs officer for the Missouri Coalition Against Domestic and Sexual Violence, a statewide association made up of service providers for abuse victims.

“Women who are abused during pregnancy are more likely to receive no prenatal care or delay receiving any care because of the abuse they’re already experiencing by their partner and that partner controlling their access to health care,” Huffman told members of the Emerging Issues Committee.

“Maternal exposure to domestic violence is associated with significantly increased risk of low birth weight and preterm birth,” he said. “Infants exposed to domestic violence can show signs of trauma that include problems eating, sleep disturbances, higher irritability and delays in development.”

A pregnancy should not preclude a divorce from proceeding — especially if the woman is at risk. Missouri lawmakers must join many other states that give a family court judge the option to finalize a divorce between a pregnant woman and her spouse.

Keeping an archaic law on the books makes little sense. The protection and health of a mother and unborn child are more important than outdated state statutes.