COLUMBUS, Ohio — In the state of Ohio, a typical pregnancy can cost tens of thousands of dollars. In response to the U.S. Supreme Court overturning Roe v. Wade, Ohio State Sen. Tina Maharath, D-Columbus, proposed a bill that gives Ohioans the option to sue over an unintended pregnancy, hoping to make labor costs a shared financial responsibility. 


What You Need To Know

  • Senate Bill 262 would allow Ohioans to sue over unintended pregnancy

  • If found guilty the impregnator would pay more than $5,000 in fines and would be responsible for court fees

  • Currently the “Heartbeat Bill” takes precedent in Ohio and doesn't make exceptions for rape and incest

  • The bill would function much like current child support laws

  • The bill is still in the early stages and hasn't had a hearing

Senate Bill 262 states that if the impregnator is found guilty in the civil suit, then they could face fines of at least $5,000. With the “Heartbeat Bill” in effect, there are no considerations for rape or incest, but Maharath said at least with SB 262, the father would have to take financial responsibility.

“When I’m thinking ‘unintentional,’ and this would be an interpretation the courts would have to decide, I’m thinking of those types of situations,” said Maharath. 

The mother would have up to five years after conception to sue.

Marahath said these civil cases would be handled comparably to child support cases — with proof of paternity being a component. If the guilty party cannot pay the fine, then Maharath said she envisions it being handled within the court.

“If they are not able to pay for the child support, then they usually do work with the case worker directly to try to alleviate some sort of options to try to find middle ground,” said Maharath. “That’s what I’m envisioning as well for the civil lawsuit.” 

Spectrum News 1 Legal Analyst Rory Riley-Topping said the language and definitions of terms like “unintended pregnancy” need to be clarified before the bill moves forward. She said that many cases that fall under this civil suit could be settled out of court.

“Most lawsuits, I think it’s around 70%, are settled prior to the point of trial so if the facts of the case were relatively straight forward then it is quite possible they could agree to a settlement before the child is born,” said Riley-Topping. 

A trial could take much longer and most likely wouldn’t be settled while the woman is pregnant. Maharath said she doesn’t want the civil cases to take years to come to a verdict.

“I would ideally envision the process to be expedited, especially while they’re pregnant, because that is when they need the resources more, but ultimately it does depend on each court system and how expedited their civil processes are,” said Maharath. 

Senate Bill 262 remains in the early stages without a hearing. Various organizations centered on abortion rights have spoken about the bill. Most abortion-rights groups are in favor of the legislation.

Some anti-abortion groups have also gotten behind it, agreeing that both parties should be financially responsible for the child, but other groups like Right to Life, said the bill is absurd and don’t imagine it getting passed.

Maharath said even in a Republican controlled Senate and House, she’s hoping to collaborate with other legislators to build and expand on it.

“This isn’t a Democratic issue, this isn’t a Republican issue, this is a pregnancy issue,” said Maharath. “This is a woman’s issue and I am hopeful and optimistic that my colleagues from the other side of the aisle will want to hear more about this piece of legislation.”