As Reported by House Children & Family Services Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 242 5
1999-2000 6
REPRESENTATIVES JONES-WINKLER-SUTTON-CORBIN-KREBS-PRINGLE- 8
NETZLEY-PADGETT-VAN VYVEN-HOOD-TIBERI-HARTNETT-D. MILLER- 9
JOLIVETTE-SULZER-SCHULER-ALLEN-JAMES-WILLAMOWSKI-SMITH-O'BRIEN- 10
DAMSCHRODER-SYKES-HOLLISTER-YOUNG-BOYD 11
_________________________________________________________________
A B I L L
To amend section 3111.37 and to enact section 13
3113.2111 of the Revised Code to require a court 15
to grant relief from a final judgment, order, or 16
proceeding that determines paternity or requires
the payment of child support and to require the 17
termination of visitation or companionship rights 19
with the child if a genetic test finds that there 21
is a zero per cent probability that the party or
a male minor is the father of the child who is 22
the subject of the paternity determination, for 23
whose benefit the support is required, or with 24
whom the companionship or visitation rights are
granted.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That section 3111.37 be amended and section 28
3113.2111 of the Revised Code be enacted to read as follows: 29
Sec. 3111.37. (A) If a married woman is the subject of a 38
non-spousal artificial insemination and if her husband consented 39
to the artificial insemination, the husband shall be treated in 40
law and regarded as the natural father of a child conceived as a 41
result of the artificial insemination, and a child so conceived 42
shall be treated in law and regarded as the natural child of the 43
husband. A presumption that arises under division (A)(1) or (2) 44
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of section 3111.03 of the Revised Code is conclusive with respect 45
to this father and child relationship, and no action or 46
proceeding under sections 3111.01 to 3111.19 or section 3111.22 48
OR 3113.2111 of the Revised Code shall affect the relationship. 50
(B) If a woman is the subject of a non-spousal artificial 52
insemination, the donor shall not be treated in law or regarded 53
as the natural father of a child conceived as a result of the 54
artificial insemination, and a child so conceived shall not be 55
treated in law or regarded as the natural child of the donor. No 56
action or proceeding under sections 3111.01 to 3111.19 or section 58
3111.22 of the Revised Code shall affect these consequences. 59
Sec. 3113.2111. (A) AS USED IN THIS SECTION: 61
(1) "CHILD SUPPORT" MEANS SUPPORT FOR A CHILD THAT IS 64
INCLUDED IN A SUPPORT ORDER ISSUED OR MODIFIED PRIOR TO, ON, OR 65
AFTER THE EFFECTIVE DATE OF THIS SECTION, UNDER FORMER SECTION 66
3111.21 OR SECTION 2151.23, 2151.33, 2151.36, 2151.49, 3105.21, 67
3109.05, 3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 68
3113.07, 3113.216, OR 3113.31, OR CHAPTER 3115. OF THE REVISED 70
CODE.
(2) "GENETIC TESTS" AND "GENETIC TESTING" HAVE THE SAME 72
MEANINGS AS IN SECTION 3111.09 OF THE REVISED CODE. 73
(B)(1) THE GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS A 75
PARTY'S SUBSTANTIVE RIGHT TO OBTAIN RELIEF FROM A FINAL JUDGMENT, 77
ORDER, OR PROCEEDING THAT DOES EITHER OR BOTH OF THE FOLLOWING IF 79
RELIEF IS GRANTED PURSUANT TO DIVISION (C) OF THIS SECTION BASED 80
ON GENETIC EVIDENCE THAT THE PARTY OR A MALE MINOR DESCRIBED IN
DIVISION (B) OF SECTION 3109.19 OF THE REVISED CODE IS NOT THE 82
FATHER OF A CHILD:
(a) DETERMINES THE PARTY OR THE MINOR MALE IS THE FATHER 84
OF THE CHILD; 85
(b) REQUIRES THE PARTY TO PAY CHILD SUPPORT. 88
(2) EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS SECTION, 90
A PARTY IS ENTITLED TO OBTAIN RELIEF UNDER DIVISION (C) OF THIS 91
SECTION REGARDLESS OF WHETHER THE PARTY OR THE MALE MINOR, AT ANY 93
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TIME PRIOR TO THE FILING OF THE MOTION, DID ANY OF THE FOLLOWING: 94
(a) WAS MARRIED TO THE MOTHER OF THE CHILD; 97
(b) ACKNOWLEDGED HIS PATERNITY OF THE CHILD IN A WRITING 100
SWORN TO BEFORE A NOTARY PUBLIC;
(c) WAS NAMED WITH HIS CONSENT AS THE CHILD'S FATHER ON 102
THE CHILD'S BIRTH CERTIFICATE; 103
(d) WAS REQUIRED TO SUPPORT THE CHILD BY A WRITTEN 105
VOLUNTARY PROMISE OR A COURT ORDER; 106
(e) SIGNED WITH HIS CONSENT THE CHILD'S BIRTH CERTIFICATE 109
AS AN INFORMANT AS PROVIDED IN SECTION 3705.09 OF THE REVISED 110
CODE AS THAT SECTION EXISTED PRIOR TO JANUARY 1, 1998; 111
(f) WAS NAMED IN AN ACKNOWLEDGMENT OF PATERNITY THAT A 114
COURT ENTERED UPON ITS JOURNAL PURSUANT TO FORMER SECTION 2105.18 115
OF THE REVISED CODE; 116
(g) WAS NAMED IN AN ACKNOWLEDGMENT OF PATERNITY THAT HAS 118
BECOME FINAL UNDER SECTION 2151.232, 3111.211, OR 5101.314 OF THE 119
REVISED CODE;
(h) WAS PRESUMED TO BE THE NATURAL FATHER OF THE CHILD 122
UNDER ANY CIRCUMSTANCE LISTED IN SECTION 3111.03 OF THE REVISED 123
CODE;
(i) WAS DETERMINED TO BE THE FATHER OF THE CHILD IN A 126
PARENTAGE ACTION UNDER CHAPTER 3111. OF THE REVISED CODE; 128
(j) OTHERWISE ADMITTED, ACKNOWLEDGED, OR WAS DETERMINED TO 131
BE THE CHILD'S FATHER.
(3) EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS SECTION, 133
A PARTY IS ENTITLED TO OBTAIN RELIEF UNDER DIVISION (C) OF THIS 135
SECTION REGARDLESS OF WHETHER THE FINAL JUDGMENT, ORDER, OR 136
PROCEEDING FROM WHICH RELIEF IS SOUGHT WAS ISSUED PRIOR TO, ON, 138
OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(4) A PARTY MAY NOT OBTAIN RELIEF UNDER DIVISION (C) OF 140
THIS SECTION IF ANY OF THE FOLLOWING IS THE CASE: 141
(a) THE PARTY OR MALE MINOR ADOPTED THE CHILD; 143
(b) THE CHILD WAS CONCEIVED AS A RESULT OF ARTIFICIAL 145
INSEMINATION IN COMPLIANCE WITH SECTIONS 3111.30 TO 3111.38 OF 146
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THE REVISED CODE;
(c) THE PARTY OR MALE MINOR KNEW THE CHILD WAS NOT HIS 148
CHILD BEFORE ANY OF THE FOLLOWING: 149
(i) TAKING ANY ACTION THAT RESULTED IN AN EVENT DESCRIBED 151
IN DIVISION (B)(2)(a) TO (g) OF THIS SECTION; 153
(ii) BEING PRESUMED TO BE THE NATURAL FATHER OF THE CHILD 155
UNDER ANY OF THE CIRCUMSTANCES LISTED IN DIVISION (A)(1) TO (4) 156
OF SECTION 3111.03 OF THE REVISED CODE; 157
(iii) OTHERWISE ADMITTING OR ACKNOWLEDGING HIMSELF TO BE 159
THE CHILD'S FATHER. 160
(C)(1) NOTWITHSTANDING THE PROVISIONS TO THE CONTRARY IN 163
CIVIL RULE 60(B), ON MOTION AND UPON ANY TERMS THAT ARE JUST, THE 164
COURT SHALL RELIEVE A PARTY FROM A FINAL JUDGMENT, ORDER, OR 165
PROCEEDING THAT REQUIRES THE PARTY TO PAY CHILD SUPPORT FOR THE 166
CHILD IF THE PARTY SUBMITS WITH THE MOTION GENETIC TEST RESULTS 167
DETERMINED NO MORE THAN SIX MONTHS PRIOR TO THE FILING OF THE 168
MOTION THAT FIND THERE IS A ZERO PER CENT PROBABILITY THAT THE 169
PARTY OR THE MALE MINOR IS THE FATHER OF THE CHILD FOR WHOSE 171
BENEFIT THE SUPPORT IS REQUIRED.
(2) IF THE COURT GRANTS RELIEF UNDER DIVISION (C)(1) OF 173
THIS SECTION, THE COURT SHALL ALSO RELIEVE THE PARTY OR MALE 174
MINOR FROM ANY JUDGMENT, ORDER, OR PROCEEDING DETERMINING THE 175
PARTY OR MALE MINOR TO BE THE FATHER OF THE CHILD WHO IS THE 176
SUBJECT OF THE JUDGMENT, ORDER, OR PROCEEDING FOR THE PAYMENT OF 177
CHILD SUPPORT FROM WHICH RELIEF WAS GRANTED.
(D) IF THE GENETIC TEST RESULTS SUBMITTED PURSUANT TO THE 180
MOTION FOR RELIEF ARE BASED ON SAMPLES FROM ONLY THE PARTY OR 181
MINOR MALE AND THE CHILD, THE COURT, IN ITS DISCRETION, MAY ORDER 182
THE CHILD'S MOTHER, THE PARTY OR MALE MINOR, AND THE CHILD TO 183
SUBMIT TO GENETIC TESTS. IF THE COURT DOES NOT ORDER THE MOTHER, 184
THE PARTY OR MALE MINOR, AND THE CHILD TO SUBMIT TO TESTING, THE 186
RESULTS OF GENETIC TESTING SHALL NOT BE REJECTED BY THE COURT 187
SOLELY BECAUSE THEY ARE BASED ON SAMPLES FROM ONLY THE PARTY OR
MALE MINOR AND THE CHILD. THE GENETIC TESTS DESCRIBED IN THIS 188
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DIVISION AND DIVISION (C) OF THIS SECTION SHALL BE CONDUCTED BY A 189
GENETIC TESTING LABORATORY ACCREDITED BY THE AMERICAN ASSOCIATION 190
OF BLOOD BANKS. 191
(E) A MOTION UNDER DIVISION (C) OF THIS SECTION DOES NOT 194
AFFECT THE FINALITY OF A JUDGMENT OR SUSPEND ITS OPERATION. 195
(F) IF A COURT GRANTS A MOTION THAT RELIEVES A PARTY FROM 198
A FINAL JUDGMENT, ORDER, OR PROCEEDING DESCRIBED IN DIVISION (C) 199
OF THIS SECTION, THE GRANTING OF THE MOTION DOES NOT PRECLUDE ANY 201
PERSON FROM FILING, SUBSEQUENT TO THE GRANTING OF THE MOTION, AN 202
ACTION UNDER CHAPTER 3111. OF THE REVISED CODE TO ESTABLISH A 203
PARENT-CHILD RELATIONSHIP BETWEEN THE PARTY WHO WAS SO RELIEVED 204
OR THE MALE MINOR AND THE CHILD WHO IS THE SUBJECT OF THE 205
JUDGMENT, ORDER, OR PROCEEDING FROM WHICH RELIEF WAS GRANTED, 206
PROVIDED THAT A PERSON SHALL NOT FILE MORE THAN ONE ACTION OF 208
THAT TYPE UNDER CHAPTER 3111. OF THE REVISED CODE IN ANY TWO-YEAR 209
PERIOD REGARDING THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR 210
AND THE CHILD. IF, SUBSEQUENT TO THE GRANTING OF THE MOTION, A 211
PERSON FILES AN ACTION UNDER CHAPTER 3111. OF THE REVISED CODE AS 213
DESCRIBED IN THIS DIVISION, THE COURT, IN ACCORDANCE WITH THAT 214
CHAPTER, MAY ENTER A JUDGMENT IN THE ACTION THAT DETERMINES THE 215
EXISTENCE OF A PARENT-CHILD RELATIONSHIP BETWEEN THE PARTY WHO 216
WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD WHO IS THE 218
SUBJECT OF THE JUDGMENT, ORDER, OR PROCEEDING FROM WHICH RELIEF 219
WAS GRANTED, PROVIDED THAT NO JUDGMENT OF THAT TYPE MAY BE 220
ENTERED UNLESS GENETIC TESTS TAKEN SUBSEQUENT TO THE GRANTING OF 221
THE MOTION INDICATE THAT THERE IS A STATISTICAL PROBABILITY THAT 222
THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR IS THE NATURAL 223
FATHER OF THE CHILD. IF A PERSON FILES AN ACTION UNDER CHAPTER 224
3111. OF THE REVISED CODE AS DESCRIBED IN THIS DIVISION AND THE 225
COURT DETERMINES THAT NO PARENT-CHILD RELATIONSHIP EXISTS BETWEEN 226
THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD WHO 227
IS THE SUBJECT OF THE JUDGMENT, ORDER, OR PROCEEDING FROM WHICH 228
RELIEF WAS GRANTED, THE COURT SHALL REQUIRE THE PERSON WHO FILED 229
THE ACTION TO PAY ALL COURT COSTS OF THE ACTION AND THE 230
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REASONABLE ATTORNEYS' FEES OF THE OPPOSING PARTY. 231
(G) IF RELIEF FROM A JUDGMENT, ORDER, OR PROCEEDING IS 233
GRANTED PURSUANT TO THIS SECTION AND THE PARTY WHO WAS SO 234
RELIEVED, THE MALE MINOR, OR ANY RELATIVE OF THE PARTY OR MALE 235
MINOR HAS BEEN GRANTED COMPANIONSHIP OR VISITATION RIGHTS WITH 236
THE CHILD PURSUANT TO AN ORDER ISSUED UNDER SECTION 3109.051 OR 237
3109.12 OF THE REVISED CODE, THE COURT THAT GRANTS THE RELIEF 238
SHALL IMMEDIATELY SEND WRITTEN NOTICE TO THE COURT THAT ISSUED 239
THE ORDER GRANTING THE COMPANIONSHIP OR VISITATION RIGHTS. ON 240
RECEIPT OF THE NOTICE, THE COURT THAT GRANTED THE COMPANIONSHIP 241
OR VISITATION RIGHTS SHALL TERMINATE THE ORDER GRANTING THOSE 242
RIGHTS.
(H) IF RELIEF FROM AN ORDER FOR THE PAYMENT OF CHILD 244
SUPPORT IS GRANTED PURSUANT TO THIS SECTION AND CHILD SUPPORT 245
ARREARAGES ARE OWED, THE COURT MAY ISSUE AN ORDER CANCELING THAT 246
ARREARAGE. NOTHING IN THIS SECTION MAY BE CONSTRUED TO LIMIT ANY 247
ACTIONS THAT MAY BE TAKEN BY THE PARTY RELIEVED FROM AN ORDER TO 248
PAY CHILD SUPPORT TO RECOVER CHILD SUPPORT PAID UNDER THAT ORDER. 249
Section 2. That existing section 3111.37 of the Revised 251
Code is hereby repealed. 252