Ohio Revised Code
Chapter 3111 | Parentage
Section 3111.04 | Standing to Bring Paternity Action.

Effective: December 31, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A)(1) Except as provided in division (A)(2) of this section, an action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's mother or her personal representative, a man alleged or alleging himself to be the child's father, the child support enforcement agency of the county in which the child resides if the child's mother, father, or alleged father is a recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative.
(2) A man alleged or alleging himself to be the child's father is not eligible to file an action under division (A)(1) of this section if the man was convicted of or pleaded guilty to rape or sexual battery, the victim of the rape or sexual battery was the child's mother, and the child was conceived as a result of the rape or sexual battery.
(B) An agreement does not bar an action under this section.
(C) If an action under this section is brought before the birth of the child and if the action is contested, all proceedings, except service of process and the taking of depositions to perpetuate testimony, may be stayed until after the birth.
(D) A recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, shall cooperate with the child support enforcement agency of the county in which a child resides to obtain an administrative determination pursuant to sections 3111.38 to 3111.54 of the Revised Code, or, if necessary, a court determination pursuant to sections 3111.01 to 3111.18 of the Revised Code, of the existence or nonexistence of a parent and child relationship between the father and the child. If the recipient fails to cooperate, the agency may commence an action to determine the existence or nonexistence of a parent and child relationship between the father and the child pursuant to sections 3111.01 to 3111.18 of the Revised Code.
(E) As used in this section:
(1) "Public assistance" means both of the following:
(a) Medicaid;
(b) Ohio works first under Chapter 5107. of the Revised Code.
(2) "Rape" means a violation of section 2907.02 of the Revised Code or similar law of another state.
(3) "Sexual battery" means a violation of section 2907.03 of the Revised Code or similar law of another state.

Structure Ohio Revised Code

Ohio Revised Code

Title 31 | Domestic Relations-Children

Chapter 3111 | Parentage

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 3111.51 | Including Names, Addresses and Social Security Numbers of Parents and Child in Order.

Section 3111.52 | Changing Surname of Child.

Section 3111.53 | Administrative Officer.

Section 3111.54 | Contempt.

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 3111.72 | Requirements for 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.

Section 3111.99 | Penalty.