Effective: June 15, 2006
Latest Legislation: House Bill 102 - 126th General Assembly
(A) A man is presumed to be the natural father of a child under any of the following circumstances:
(1) The man and the child's mother are or have been married to each other, and the child is born during the marriage or is born within three hundred days after the marriage is terminated by death, annulment, divorce, or dissolution or after the man and the child's mother separate pursuant to a separation agreement.
(2) The man and the child's mother attempted, before the child's birth, to marry each other by a marriage that was solemnized in apparent compliance with the law of the state in which the marriage took place, the marriage is or could be declared invalid, and either of the following applies:
(a) The marriage can only be declared invalid by a court and the child is born during the marriage or within three hundred days after the termination of the marriage by death, annulment, divorce, or dissolution;
(b) The attempted marriage is invalid without a court order and the child is born within three hundred days after the termination of cohabitation.
(3) An acknowledgment of paternity has been filed pursuant to section 3111.23 or former section 5101.314 of the Revised Code and has not become final under former section 3111.211 or 5101.314 or section 2151.232, 3111.25, or 3111.821 of the Revised Code.
(B) A presumption that arises under this section can only be rebutted by clear and convincing evidence that includes the results of genetic testing, except that a presumption that is conclusive as provided in division (A) of section 3111.95 or division (B) of section 3111.97 of the Revised Code cannot be rebutted. An acknowledgment of paternity that becomes final under section 2151.232, 3111.25, or 3111.821 of the Revised Code is not a presumption and shall be considered a final and enforceable determination of paternity unless the acknowledgment is rescinded under section 3111.28 or 3119.962 of the Revised Code. If two or more conflicting presumptions arise under this section, the court shall determine, based upon logic and policy considerations, which presumption controls.
(C)(1) Except as provided in division (C)(2) of this section, a presumption of paternity that arose pursuant to this section prior to March 22, 2001, shall remain valid on and after that date unless rebutted pursuant to division (B) of this section. This division does not apply to a determination described in division (B)(3) of this section as division (B)(3) of this section existed prior to March 22, 2001.
(2) A presumption of paternity that arose prior to March 22, 2001, based on an acknowledgment of paternity that became final under former section 3111.211 or 5101.314 or section 2151.232 of the Revised Code is not a presumption and shall be considered a final and enforceable determination of paternity unless the acknowledgment is rescinded under section 3111.28 or 3119.962 of the Revised Code.
Structure Ohio Revised Code
Title 31 | Domestic Relations-Children
Section 3111.01 | Parent and Child Relationship Defined.
Section 3111.02 | Establishing Parent and Child Relationship.
Section 3111.03 | Presumption of Paternity.
Section 3111.04 | Standing to Bring Paternity Action.
Section 3111.05 | Statute of Limitations.
Section 3111.06 | Jurisdiction of Courts - Personal Jurisdiction.
Section 3111.07 | Parties to Action - Intervention.
Section 3111.08 | Rules of Civil Procedure Govern Action.
Section 3111.09 | Genetic Tests - DNA Records.
Section 3111.10 | Evidence of Paternity.
Section 3111.11 | Pretrial Hearing.
Section 3111.111 | Temporary Support Order.
Section 3111.12 | Witnesses - Admission of Evidence - Priority of Actions.
Section 3111.13 | Judgment or Order.
Section 3111.14 | Fees and Costs of Action.
Section 3111.15 | Enforcing Father's Obligation.
Section 3111.16 | Continuing Jurisdiction.
Section 3111.17 | Determining Mother and Child Relationship.
Section 3111.18 | Preparing New Birth Record.
Section 3111.19 | Interfering With Establishment of Paternity.
Section 3111.20 | Birth Record Defined.
Section 3111.21 | Notarizing Acknowledgment.
Section 3111.22 | Acknowledgment to Be Sent to Job and Family Services Department.
Section 3111.23 | Acknowledgment Filed With Office of Child Support.
Section 3111.24 | Determining Whether Acknowledgment Is Completed Correctly.
Section 3111.25 | Acknowledgment of Paternity Is Final and Enforceable.
Section 3111.26 | Effects of Final and Enforceable Acknowledgment.
Section 3111.27 | Rescinding Acknowledgment.
Section 3111.28 | Action Rescinding Acknowledgment.
Section 3111.29 | Enforcing Support Obligation.
Section 3111.30 | Preparing New Birth Record.
Section 3111.31 | Acknowledgment of Paternity Affidavit Form.
Section 3111.32 | Information Pamphlets - Toll-Free Telephone Number.
Section 3111.33 | Distributing Pamphlets and Forms.
Section 3111.34 | Evidence Necessary to Complete New Birth Record.
Section 3111.35 | Implementing Provisions.
Section 3111.38 | Requesting Administrative Determination of Paternity.
Section 3111.381 | Request to Precede Court Action - Jurisdiction.
Section 3111.39 | Requests Filed With Multiple Agencies.
Section 3111.40 | Request Contents.
Section 3111.41 | Assigning to Administrative Officer - Order for Genetic Testing.
Section 3111.42 | Attaching Notice to Order.
Section 3111.421 | Serving Notice and Order.
Section 3111.43 | Persons to Be Notified - Genetic Testing of Persons Present.
Section 3111.44 | Information Conference.
Section 3111.45 | Test Conducted by Qualified Examiner.
Section 3111.46 | Finding Paternity or Nonpaternity.
Section 3111.47 | Failure to Submit to Test Results in Inconclusive Finding.
Section 3111.48 | Information Included in Order.
Section 3111.49 | Conclusiveness of Order.
Section 3111.50 | Bringing Action Where Order Is Inconclusive.
Section 3111.52 | Changing Surname of Child.
Section 3111.53 | Administrative Officer.
Section 3111.58 | New Birth Record.
Section 3111.61 | Samples and Performance of Genetic Testing.
Section 3111.611 | On-Site Genetic Testing.
Section 3111.64 | Birth Registry.
Section 3111.65 | Accessing Registry.
Section 3111.66 | Filing Orders and Entering Into Registry.
Section 3111.67 | Birth Registry Rules.
Section 3111.69 | Locating Absent Parent Using Putative Father Registry.
Section 3111.71 | Contracts With Hospitals to Meet With Unmarried Women Giving Birth.
Section 3111.73 | Annual Report.
Section 3111.74 | Acknowledgment Conflicting With Presumption of Paternity.
Section 3111.77 | Presumed Father Assuming Duty of Support.
Section 3111.78 | Enforcing Obligations of Presumed Father.
Section 3111.80 | Hearing to Determine Child Support and Provision for Health Care.
Section 3111.801 | Requests for Information.
Section 3111.81 | Order Concerning Support and Health Care.
Section 3111.82 | Raise Issue of Existence or Nonexistence of Parent and Child Relationship.
Section 3111.821 | Proceedings - Finality of Acknowledgment.
Section 3111.83 | Registering Order Concerning Support and Health Care.
Section 3111.831 | System for Organized Safekeeping and Retrieval of Administrative Support Orders.
Section 3111.832 | Registering Order With Court.
Section 3111.84 | Bringing Action Objecting to Order - Finality of Unchallenged Order.
Section 3111.85 | Administrative Support Orders Issued Prior to 1-1-98.
Section 3111.88 | Non-Spousal Artificial Insemination Definitions.
Section 3111.89 | Coverage of Provisions.
Section 3111.90 | Physician Supervision.
Section 3111.91 | Medical History and Physical Examination of Donor.
Section 3111.92 | Consent by Both Spouses.
Section 3111.93 | Provisions of Consent Form.
Section 3111.94 | Confidentiality.
Section 3111.95 | Husband Considered Natural Father - Child Natural Child.
Section 3111.96 | Noncompliance.
Section 3111.97 | Parentage of Children Resulting From Embryo Donation.