Effective: June 15, 2006
Latest Legislation: House Bill 102 - 126th General Assembly
(A) A woman who gives birth to a child born as a result of embryo donation shall be treated in law and regarded as the natural mother of the child, and the child shall be treated in law and regarded as the natural child of the woman. No action or proceeding under this chapter shall affect the relationship.
(B) If a married woman gives birth to a child born as a result of embryo donation to which her husband consented, the husband shall be treated in law and regarded as the natural father of the child, and the child shall be treated in law and regarded as the natural child of the husband. A presumption that arises under division (A)(1) or (2) of section 3111.03 of the Revised Code is conclusive with respect to this father and child relationship, and no action or proceeding under this chapter shall affect the relationship.
(C) If a married woman gives birth to a child born as a result of embryo donation to which her husband has not consented, a presumption that arises under division (A)(1) or (2) of section 3111.03 of the Revised Code that the husband is the father of the child may be rebutted by clear and convincing evidence that includes the lack of consent to the embryo donation.
(D) As used in this division, "donor" means an individual who produced genetic material used to create an embryo, consents to the implantation of the embryo in a woman who is not the individual or the individual's wife, and at the time of the embryo donation does not intend to raise the resulting child as the individual's own.
If an individual who produced genetic material used to create an embryo dies, the other person who produced genetic material used to create the embryo may consent to donate the embryo. In such a case, the deceased person shall be deemed a donor for the purposes of this section.
A donor shall not be treated in law or regarded as a parent of a child born as a result of embryo donation. A donor shall have no parental responsibilities and shall have no right, obligation, or interest with respect to a child resulting from the donation.
(E) This section deals with embryo donation for the purpose of impregnating a woman so that she can bear a child that she intends to raise as her child.
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.