WISCONSIN’S BIRTH COST RECOVERY: A GENDERED POLICY THAT POLICES FAMILIES AND WEIGHS THE FISCAL INTEREST OF THE GOVERNMENT AHEAD OF THE BEST INTERESTS OF THE CHILD.

This article critically examines Wisconsin's Birth Cost Recovery (BCR) policy, a gendered welfare cost recovery program that requires unmarried fathers to reimburse the state for Medicaid-covered pregnancy and childbirth expenses, with funds going to the government rather than the child or family. Rooted in a history of social welfare policies that have disproportionately penalized poor families of color under the guise of "family responsibility" and the "best interests of the child," BCR places financial and medical burdens on low-income, unmarried parents—especially Black mothers—while potentially deterring Medicaid enrollment and access to prenatal care. Although only three states actively collect BCR payments, Wisconsin leads in amounts recovered, but recent county-level policy changes, including in Dane and Milwaukee Counties, have halted collections due to concerns about racial disparities and harm to families. The article argues for the elimination of BCR nationwide and advocates for supportive policies such as expanded Child Tax Credits and extended postpartum Medicaid coverage to better serve children's best interests and promote long-term family stability.