Effective: March 23, 2015
Latest Legislation: Senate Bill 207 - 130th General Assembly
(A) Except as provided in division (C) and subject to division (D) of this section, a person who is the victim of rape or sexual battery for which a child was conceived as a result may bring an action to declare the person who was convicted of or pleaded guilty to the offense to be the parent of the child conceived as a result of rape or sexual battery committed by the other person.
(B) In an action seeking a declaration described in division (A) of this section, a court may issue an order declaring that the other person is the parent of a child conceived as a result of rape or sexual battery committed by the other person if all of the following are established by clear and convincing evidence:
(1) The other person was convicted of or pleaded guilty to the rape or sexual battery.
(2) The person bringing the action was the victim of the rape or sexual battery.
(3) The child was conceived as a result of the rape or sexual battery.
(4) Both persons are the parents of the child established pursuant to genetic testing conducted in different places or at different times or as provided in Chapter 3111. of the Revised Code.
(C) A person to whom the following apply may seek a declaration described in division (A) of this section only pursuant to a proceeding for divorce, dissolution, legal separation, or annulment:
(1) The person is the victim of a rape or sexual battery for which a child was conceived as a result.
(2) The person is married to the person who was convicted of or pleaded guilty to the rape or sexual battery.
(D) An action seeking a declaration under division (A) of this section shall be filed in a court with jurisdiction over juvenile matters if the parents of the child are not married and in a court with jurisdiction over domestic relations matters, pursuant to a proceeding for divorce, dissolution, legal separation, or annulment, if the parents of the child are married.
Structure Ohio Revised Code
Title 31 | Domestic Relations-Children
Section 3109.01 | Age of Majority.
Section 3109.011 | Capacity of Person Given Consent to Marry.
Section 3109.02 | Exception for Veterans.
Section 3109.03 | Equality of Parental Rights and Responsibilities.
Section 3109.041 | Custody Decrees Issued Prior to Shared Parenting Provisions.
Section 3109.042 | Custody Rights of Unmarried Mother.
Section 3109.043 | Temporary Custody Order While Action Pending.
Section 3109.05 | Child Support Determinations.
Section 3109.051 | Parenting Time - Companionship or Visitation Rights.
Section 3109.052 | Mediation of Differences as to Allocating Parental Rights and Responsibilities.
Section 3109.053 | Parenting Classes or Counseling.
Section 3109.06 | Certification to Juvenile Court.
Section 3109.061 | Construction of Sections 2151.233 to 2151.236.
Section 3109.09 | Liability of Parents for Willful Damage of Property or Theft by Their Children.
Section 3109.10 | Liability of Parents for Willful and Malicious Assaults by Their Children.
Section 3109.12 | Mother Unmarried - Parenting Time, Companionship or Visitation Rights.
Section 3109.13 | Prevention of Child Abuse and Child Neglect Definitions.
Section 3109.14 | Fees for Vital Statistics Records.
Section 3109.15 | Children's Trust Fund Board.
Section 3109.16 | Powers of the Board.
Section 3109.17 | Biennial State Plan for Comprehensive Child Abuse and Child Neglect Prevention.
Section 3109.171 | Child Abuse and Child Neglect Prevention Regions.
Section 3109.172 | Child Abuse and Child Neglect Regional Prevention Councils.
Section 3109.173 | Regional Prevention Coordinator.
Section 3109.174 | Submission of Regional Prevention Plan.
Section 3109.175 | Evaluation of Plans.
Section 3109.176 | Denial or Reduction of Funding.
Section 3109.177 | Primary Prevention Strategies.
Section 3109.178 | Requests for Start-Up Costs.
Section 3109.401 | State Policy on Parent and Child Relationship.
Section 3109.41 | Parent Killing Other Parent Definitions.
Section 3109.42 | Ineligibility for Custody of Parent Killing Other Parent.
Section 3109.43 | Ineligibility for Visitation Rights of Parent Killing Other Parent.
Section 3109.44 | Notice by Court Where Parent Convicted of Killing Other Parent.
Section 3109.45 | Termination of Visitation Order Upon Receipt of Notice.
Section 3109.46 | Termination of Custody Order Upon Receipt of Notice.
Section 3109.47 | Custody or Visitation Granted to Surviving Parent.
Section 3109.48 | Visit to Surviving Parent With Child Present.
Section 3109.50 | Definitions.
Section 3109.501 | Children Conceived as Result of Rape or Sexual Battery; Declaration of Paternity.
Section 3109.502 | Continuation of Declaration of Paternity Proceedings During Criminal Proceedings.
Section 3109.503 | Notice of Parental Rights.
Section 3109.504 | Granting of Parental Rights Prohibited.
Section 3109.505 | Consolidation of Actions.
Section 3109.506 | Rights of Relatives.
Section 3109.507 | Revocation or Modification of Order.
Section 3109.51 | Definitions.
Section 3109.52 | Power of Attorney for Residential Grandparent.
Section 3109.53 | Form of Power of Attorney for Residential Grandparent.
Section 3109.54 | Signatures - Notarization.
Section 3109.55 | Notice of Creation of Power of Attorney.
Section 3109.56 | Requirements for Creating Power of Attorney.
Section 3109.57 | Further Requirements for Creating Power of Attorney.
Section 3109.58 | Pending Proceedings May Preclude Creation of Power of Attorney.
Section 3109.59 | Termination of Power of Attorney.
Section 3109.60 | Notice of Termination.
Section 3109.62 | Military Power of Attorney.
Section 3109.65 | Caretaker Authorization Affidavit.
Section 3109.66 | Form of Caretaker Authorization Affidavit.
Section 3109.67 | Execution of Affidavit.
Section 3109.68 | Pending Proceedings May Preclude Creation of Affidavit.
Section 3109.69 | Limitations on Authority Granted by Affidavit.
Section 3109.70 | Termination of Affidavit.
Section 3109.71 | Notice of Termination.
Section 3109.72 | Negation of Actions Taken Under Caretaker Authorization Affidavit.
Section 3109.74 | Filing With Court.
Section 3109.75 | Verification of Filing.
Section 3109.78 | Purpose May Void Power or Affidavit.
Section 3109.79 | Child Support Order Unaffected by Power or Affidavit.
Section 3109.80 | Only One Power or Affidavit May Be in Effect at a Time.