Index
Facing a pregnancy, whether planned or unplanned, without the help of a partner, with limited resources and support can be a very scary experience. That is why the issue of child support for pregnant women is a question for many women today.
Guaranteed Rights
Every woman who is pregnant has the right to food regardless of whether she is married, single or under age. The vast majority of pregnant women do not know this possibility of asking for help before the baby is born, as they consider that this only works when they are married.
But the truth is that, any pregnant woman who needs financial help during pregnancy and does not have the support of the child’s father can ask the court to receive an alimony for pregnant women that comes from the parent. She just needs to prove paternity, which can be an obstacle for some.
What is the Correct Name for Alimony for Pregnant Women?
The alimony for pregnant women is called pregnant food , a type of alimony specifically for pregnant women. Each month, only 2 or 3 pregnant women go to the Public Defender’s Office to file a child support request for pregnant women. A very small number in relation to the 230 cases that are attended by a Defender per month.
What does the Gravid Food Law say?
In Article 2 of Law 11.804 it says that: The foods covered by this Law will comprise the amounts sufficient to cover the additional expenses of the pregnancy period and that are derived from it, from conception to delivery, including those related to special food, medical assistance and psychological, complementary exams, hospitalizations, childbirth, medications and other indispensable preventive and therapeutic prescriptions, in the doctor’s judgment, in addition to others that the judge considers pertinent.
Single paragraph. The foods covered in this article refer to the part of the expenses that should be borne by the future father, considering the contribution that should also be given by the pregnant woman, in proportion to the resources of both.
That is, the financial aid granted will serve to cover expenses such as: exams, medications, special food, medical and psychological assistance, childbirth, baby layette and other expenses that the judge deems necessary.
This law results from the principle of family solidarity, from the motive for comprehensive protection, aiming to ensure the right to life of the baby and its mother, as well as from the principle of the dignity of the human person.
Difficulties in Requesting Alimony for Pregnant Women
The biggest problem for the pregnant woman who decides to ask for alimony for pregnant women, is to verify who is the father of the child who has not yet been born. During pregnancy, it is not possible to count on the DNA test that confirms paternity, because during pregnancy, the collection of this test can put the baby’s life at risk.
So, the big challenge is for the woman to get other types of evidence to show the judge who the father of the baby she is generating is. But this should not be a problem, because, according to the Public Defender’s Office, photos, messages on cell phones, e-mails and eyewitnesses (people who saw and knew about the involvement between the couple), can help to prove that there was a relationship at the time when the woman became pregnant.
The amount of alimony for pregnant women takes into account the needs of the mother during this period and the possibilities of the father. After the child is born, the amount of alimony for pregnant women is established according to the father’s possibilities and the child’s needs. If the father is unable to pay, the obligation may fall on his closest relatives .
It is important to remember that the action of Gravidarum Foods has a different purpose than the action of paternity investigation. If the mother, after the child’s birth wants to prove the affiliation, she must file the right action for recognition of paternity.
Since the action of alimony for pregnant women is intended only to pay for food and helps women only during pregnancy , not requiring as a requirement the evident proof of paternity.
How to Apply for Alimony for Pregnant Women?
To be entitled to child support for pregnant women, the woman must indicate the circumstances in which the pregnancy occurred, present an exam that proves the pregnancy and state her needs , indicating the name of the probable father, his profession and the amount he earns approximately.
What were the positive changes after this law?
The appearance of the law does not create an awareness of duty, but generates a responsibility to parents, assuring the child, from conception, the right to good development and respectable birth . Even the son of a broken relationship will be sure that he was supported by his parents.
In view of this, the law appears that makes, amicably pregnant and father, contribute to the dignified birth of the child. It is responsible parenting, in which the two parents commit themselves jointly to the pregnancy , enabling the sharing of the care of a life that has not yet arrived.
Awareness of the importance of parents in raising children allows them to see what the future of this child will look like. Parents who live harmoniously even after the end of a relationship tend to raise children on a good basis and without future trauma and harm.
See also: How to Know Who is the Father of My Son?
My name is Dr. Alexis Hart I am 38 years old, I am the mother of 3 beautiful children! Different ages, different phases 16 years, 12 years and 7 years. In love with motherhood since always, I found it difficult to make my dreams come true, and also some more after I was already a mother.
Since I imagined myself as a mother, in my thoughts everything seemed to be much easier and simpler than it really was, I expected to get pregnant as soon as I wished, but it wasn’t that simple. The first pregnancy was smooth, but my daughter’s birth was very troubled. Joana was born in 2002 with a weight of 2930kg and 45cm, from a very peaceful cesarean delivery but she had already been born with congenital pneumonia due to a broken bag not treated with antibiotics even before delivery.