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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=16029
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: December 18, 2014 10:56 AM
From: Representative Michael H. Schlossberg
To: All House members
Subject: Child Support Payments from Perpetrators of Rape
 
Currently in Pennsylvania, if a woman is raped and becomes impregnated, she is forced to make the difficult decision of receiving child support from her rapist or terminating her rapist’s parental rights. My legislation would change that.

In the very near future, I plan to re-introduce legislation – House Bill 836 – that will amend Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes for the purpose of requiring perpetrators of rape to provide financial support for any child fathered as a result of rape or incest even if the parental rights have been terminated. House Bill 836 was approved by the Judiciary Committee in the 2013-2014 Session. The language was added by amendment to House Bill 945, which did pass in the House of Representatives on June 16, 2014.

Presently, the courts are authorized to terminate the parental rights of an individual that conceived a child as a consequence of a rape. However, if those parental rights are terminated, the perpetrator will be relieved of his duty to financially support the child. Conversely, if the court does not terminate the parental rights, the perpetrator could request visitation rights or custody of the child.

Victims of rape and children that are conceived as a result of these heinous acts should not be penalized for the wrongdoings of the perpetrator. We must provide victims and their families with the protection they need, while ensuring they are given the financial support they are owed.

Please join me in providing rape victims the protection and support that they desperately need by co-sponsoring this legislation. If you have questions about this piece of legislation, please contact my Legislative Assistant, Geoff Brace (gbrace@pahouse.net).

The following Members were co-sponsors of this bill in the last session: SCHLOSSBERG, BIZZARRO, CARROLL, COHEN, CONKLIN, FLYNN, McGEEHAN, MUNDY, PAINTER, READSHAW, ROZZI, SNYDER, TOOHIL,YOUNGBLOOD, MOLCHANY, EVERETT, MURT, KORTZ, SIMS, FLECK, FARINA, FREEMAN, CALTAGIRONE and McNEILL



Introduced as HB27