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Brazil: New Law Makes Payment of Child Support Mandatory During Pregnancy

(Nov. 10, 2008) On November 5, 2008, Brazilian President Luiz Inácio Lula da Silva signed Law No. 11,804, making it mandatory that the allegedfather of a child pay child support during the mother's pregnancy. In the past, the father was only compelled to pay child support after the baby was born and paternity was proven through a DNA test. Article 6 of the Law now establishes that the mother can file a petition asking the court for child support, and if the judge is convinced that the man indicated by the mother is the father of the child, the court may grant the mother the benefit and require the father to pay.

According to article 2 of the Law, the father is also obliged to pay for additional expenses during the pregnancy, such as those incurred for special diets, medical and psychological assistance, supplemental exams, hospital expenses, and medication. (Grávida terá Direito a Pensão desde o Início da Gestação, JURID, Nov. 6, 2008, available at