Facing a pregnancy, whether planned or not, without the partner’s help, with limited resources and support can be a very frightening experience. That is why the subject of alimony for pregnant women is a common question for many women today.
Guaranteed Rights
Every woman who is pregnant is entitled to support regardless of being married, single, or underage. The vast majority of pregnant women do not know about this possibility of requesting support before the baby’s birth, because they believe this only applies when they are married. But the truth is, any pregnant woman who needs financial help during pregnancy and does not have support from the baby’s father can ask the court to receive alimony for pregnant women, which must be paid by the father. She just needs to prove paternity, which can be a hurdle for some.
What is the Correct Name for Alimony for Pregnant Women?
Alimony for pregnant women is called pregnancy support, a specific type of alimony for pregnant women. Per month, only two or three pregnant women seek the Public Defender’s Office to request alimony for pregnant women. This is a very small number considering the 230 cases that are handled monthly by a Defender.
What Does the Pregnancy Support Law Say?
Article 2 of Law 11,804 states: The support dealt with in this law will encompass amounts sufficient to cover additional pregnancy-related expenses from conception to delivery, including those relating to special nutrition, medical and psychological care, complementary exams, hospitalizations, delivery, medication, and other indispensable preventive and therapeutic prescriptions as prescribed by a doctor, as well as any other expenses the judge deems pertinent. Sole paragraph. The support referred to in this article is related to the share of expenses to be paid by the future father, taking into account the contribution that must also be given by the pregnant woman, in proportion to both parties’ resources. That is, the financial assistance granted will be used to cover expenses such as: exams, medication, special diet, medical and psychological care, childbirth, baby layette, and other expenses the judge considers necessary. This law results from the principle of family solidarity, based on the rationale of comprehensive protection, seeking to ensure the baby’s and the mother’s right to life, as well as the principle of human dignity.
Difficulties in Requesting Alimony for Pregnant Women
The biggest problem for a pregnant woman who decides to request alimony for pregnant women is proving who the father of the unborn child is. During pregnancy, DNA testing is not possible to confirm paternity, because collecting such a test during pregnancy could endanger the baby’s life. So, the great challenge is for the woman to obtain other types of evidence to show the judge who the father of her unborn baby is. But this should not be a problem, because, according to the Public Defender’s Office, photos, cellphone messages, emails, and eyewitnesses (people who saw and knew about the couple’s involvement) can help prove that there was a relationship at the time the woman became pregnant. The amount of alimony for pregnant women takes into account the mother’s needs during this period and the father’s means. After the child is born, the amount of alimony for pregnant women is set according to the father’s ability to pay and the child’s needs. If the father cannot pay, the obligation may fall to his closest relatives. It is important to remember that the Pregnancy Support action has a different purpose from the paternity investigation action. If the mother, after the child’s birth, wants to prove parentage, she must file the proper action for paternity recognition. Since the alimony action for pregnant women aims only to provide food and help the woman only during pregnancy, it does not require indisputable proof of paternity as a requirement.
How to Request Alimony for Pregnant Women?
To be entitled to alimony for pregnant women, the woman must state the circumstances under which the pregnancy occurred, present a test that proves pregnancy, and state her needs, providing the probable father’s name, occupation, and approximate income.
What Positive Changes Came After This Law?
The creation of the law does not inspire awareness of duty, but it does create responsibility for parents, ensuring the child, from conception, the right to good development and a respectable birth. Even a child from a broken relationship will be certain they had the support of their parents. Thus, this law ensures that, in a friendly way, both the pregnant woman and the father contribute to the child’s dignified birth. It is responsible parenting, where both parents commit in solidarity to the pregnancy, enabling the sharing of care for a life that has not yet begun. Increased awareness of the importance of parents in raising children allows us to see what this child’s future will be like. Parents who get along harmoniously even after the end of a relationship tend to raise children with a good foundation and without future traumas and harm. See also: How to Know Who is My Child’s Father? Photos: succo
