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Return to Professional Judgment |
Independent Because of an Unborn Child
An unborn child counts for making the student independent if the child
will be born during the award year (July 1 to June 30) and the student
intends to provide at least 50% support to the child during the award
year. The student's dependency status should be updated regardless of
when the pregnancy is discovered. The unborn child also counts toward
household size if the student reports the child as part of household
size during the initial application or if the student's application is
selected for verification (i.e., the pregnancy is discovered before the
verification date).
Documentation consists of a letter from the student's doctor verifying
the pregnancy and indicating the due date. The due date must be before
the end of the award year. The letter should also
indicate the number of unborn children if there are more than one. An
ultrasound is also sufficient documentation of the number of unborn
children. The student should also provide a written statement
concerning the support of herself and her child.
Technically, a student who becomes independent by virtue of being
pregnant returns to dependent student status if she has a miscarriage,
the baby is stillborn, or the child dies during the award year. Many
financial aid administrators, however, will allow the student to
remain independent in such unfortunate circumstances. If the student
is selected for verification, however, and the miscarriage occurred
before the verification date, the financial aid administrator will
update the student's dependency status and household size.
If the student intends to abort or aborts the child, the unborn child
does not make the student independent. This is not because of a
pro-life position by the
US Department of Education, but because the regulations require the
child to be born during the award year and for the student to support
the child during the award year. If the student intends to abort, the
student does not intend to support the child, and hence the
unborn child does not satisfy these requirements.
Likewise, if the student intends to give up the child for adoption,
the unborn child might not make the student independent if the
student will not be providing at least half support to the child
during the award year.
An unborn child usually does not make a surrogate mother independent,
as the parents of the child usually pay the surrogate mother a stipend
and provide for her health care during the pregnancy. Also, the
surrogate mother will not be providing more than 50% support of the
child during the award year.
Note that if the mother of an unborn child is not providing more than
half her own support, she cannot count as providing more than half the
support of the unborn child. However, if the student is living with
her parents, this does not necessarily mean that she is not providing
more than half her own support. If she is providing more than half her
own support and will be providing more than half her child's
support, she is considered independent. In such a situation the
cash support from the student's parent
should be reported as untaxed income on Worksheet B. (See section
480(b)(7) of the Higher Education Act.)
Financial aid administrators may use professional judgment to include
in-kind support as untaxed income on Worksheet B.
As noted in the section concerning
Providing More Than Half Support,
money received by the parent from government benefit programs, such as
Temporary Assistance to Needy Families (TANF), welfare, and the earned
income credit do count as part of the parent's support of the
child. So even if the student is living below the poverty line and
receiving some support from his/her parents, it is possible that the
student could be providing more than half their own support and more
than half the support of their children. The financial aid administrator should
review the situation carefully and be cognizant of the
issues discussed in the
Income Insufficient to Support Family
section.
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