As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-FORD-FERDERBER-OGG-DePIERO- 11
BARRETT-BRITTON-GOODING-BUCHY-FLANNERY-HOOPS-VESPER-PATTON 12
_________________________________________________________________
A B I L L
To amend section 3111.37 and to enact section 14
3113.2111 of the Revised Code to require a court 16
to grant relief from a final judgment, order, or 17
proceeding that determines paternity or requires
the payment of child support and to require the 18
termination of visitation or companionship rights 20
with the child if a genetic test finds that there 22
is a zero per cent probability that the party or
a male minor is the father of the child who is 23
the subject of the paternity determination, for 24
whose benefit the support is required, or with 25
whom the companionship or visitation rights are
granted.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That section 3111.37 be amended and section 29
3113.2111 of the Revised Code be enacted to read as follows: 30
Sec. 3111.37. (A) If a married woman is the subject of a 39
non-spousal artificial insemination and if her husband consented 40
to the artificial insemination, the husband shall be treated in 41
law and regarded as the natural father of a child conceived as a 42
result of the artificial insemination, and a child so conceived 43
shall be treated in law and regarded as the natural child of the 44
2
husband. A presumption that arises under division (A)(1) or (2) 45
of section 3111.03 of the Revised Code is conclusive with respect 46
to this father and child relationship, and no action or 47
proceeding under sections 3111.01 to 3111.19 or section 3111.22 49
OR 3113.2111 of the Revised Code shall affect the relationship. 51
(B) If a woman is the subject of a non-spousal artificial 53
insemination, the donor shall not be treated in law or regarded 54
as the natural father of a child conceived as a result of the 55
artificial insemination, and a child so conceived shall not be 56
treated in law or regarded as the natural child of the donor. No 57
action or proceeding under sections 3111.01 to 3111.19 or section 59
3111.22 of the Revised Code shall affect these consequences. 60
Sec. 3113.2111. (A) AS USED IN THIS SECTION: 62
(1) "CHILD SUPPORT" MEANS SUPPORT FOR A CHILD THAT IS 65
INCLUDED IN A SUPPORT ORDER ISSUED OR MODIFIED PRIOR TO, ON, OR 66
AFTER THE EFFECTIVE DATE OF THIS SECTION, UNDER FORMER SECTION 67
3111.21 OR SECTION 2151.23, 2151.33, 2151.36, 2151.49, 3105.21, 68
3109.05, 3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 69
3113.07, 3113.216, OR 3113.31, OR CHAPTER 3115. OF THE REVISED 71
CODE.
(2) "GENETIC TESTS" AND "GENETIC TESTING" HAVE THE SAME 73
MEANINGS AS IN SECTION 3111.09 OF THE REVISED CODE. 74
(B)(1) THE GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS A 76
PARTY'S SUBSTANTIVE RIGHT TO OBTAIN RELIEF FROM A FINAL JUDGMENT, 78
ORDER, OR PROCEEDING THAT DOES EITHER OR BOTH OF THE FOLLOWING IF 80
RELIEF IS GRANTED PURSUANT TO DIVISION (C) OF THIS SECTION BASED 81
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 83
FATHER OF A CHILD:
(a) DETERMINES THE PARTY OR THE MINOR MALE IS THE FATHER 85
OF THE CHILD; 86
(b) REQUIRES THE PARTY TO PAY CHILD SUPPORT. 89
(2) EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS SECTION, 91
A PARTY IS ENTITLED TO OBTAIN RELIEF UNDER DIVISION (C) OF THIS 92
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SECTION REGARDLESS OF WHETHER THE PARTY OR THE MALE MINOR, AT ANY 94
TIME PRIOR TO THE FILING OF THE MOTION, DID ANY OF THE FOLLOWING: 95
(a) WAS MARRIED TO THE MOTHER OF THE CHILD; 98
(b) ACKNOWLEDGED HIS PATERNITY OF THE CHILD IN A WRITING 101
SWORN TO BEFORE A NOTARY PUBLIC;
(c) WAS NAMED WITH HIS CONSENT AS THE CHILD'S FATHER ON 103
THE CHILD'S BIRTH CERTIFICATE; 104
(d) WAS REQUIRED TO SUPPORT THE CHILD BY A WRITTEN 106
VOLUNTARY PROMISE OR A COURT ORDER; 107
(e) SIGNED WITH HIS CONSENT THE CHILD'S BIRTH CERTIFICATE 110
AS AN INFORMANT AS PROVIDED IN SECTION 3705.09 OF THE REVISED 111
CODE AS THAT SECTION EXISTED PRIOR TO JANUARY 1, 1998; 112
(f) WAS NAMED IN AN ACKNOWLEDGMENT OF PATERNITY THAT A 115
COURT ENTERED UPON ITS JOURNAL PURSUANT TO FORMER SECTION 2105.18 116
OF THE REVISED CODE; 117
(g) WAS NAMED IN AN ACKNOWLEDGMENT OF PATERNITY THAT HAS 119
BECOME FINAL UNDER SECTION 2151.232, 3111.211, OR 5101.314 OF THE 120
REVISED CODE;
(h) WAS PRESUMED TO BE THE NATURAL FATHER OF THE CHILD 123
UNDER ANY CIRCUMSTANCE LISTED IN SECTION 3111.03 OF THE REVISED 124
CODE;
(i) WAS DETERMINED TO BE THE FATHER OF THE CHILD IN A 127
PARENTAGE ACTION UNDER CHAPTER 3111. OF THE REVISED CODE; 129
(j) OTHERWISE ADMITTED, ACKNOWLEDGED, OR WAS DETERMINED TO 132
BE THE CHILD'S FATHER.
(3) EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS SECTION, 134
A PARTY IS ENTITLED TO OBTAIN RELIEF UNDER DIVISION (C) OF THIS 136
SECTION REGARDLESS OF WHETHER THE FINAL JUDGMENT, ORDER, OR 137
PROCEEDING FROM WHICH RELIEF IS SOUGHT WAS ISSUED PRIOR TO, ON, 139
OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(4) A PARTY MAY NOT OBTAIN RELIEF UNDER DIVISION (C) OF 141
THIS SECTION IF ANY OF THE FOLLOWING IS THE CASE: 142
(a) THE PARTY OR MALE MINOR ADOPTED THE CHILD; 144
(b) THE CHILD WAS CONCEIVED AS A RESULT OF ARTIFICIAL 146
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INSEMINATION IN COMPLIANCE WITH SECTIONS 3111.30 TO 3111.38 OF 147
THE REVISED CODE;
(c) THE PARTY OR MALE MINOR KNEW THE CHILD WAS NOT HIS 149
CHILD BEFORE ANY OF THE FOLLOWING: 150
(i) TAKING ANY ACTION THAT RESULTED IN AN EVENT DESCRIBED 152
IN DIVISION (B)(2)(a) TO (g) OF THIS SECTION; 154
(ii) BEING PRESUMED TO BE THE NATURAL FATHER OF THE CHILD 156
UNDER ANY OF THE CIRCUMSTANCES LISTED IN DIVISION (A)(1) TO (4) 157
OF SECTION 3111.03 OF THE REVISED CODE; 158
(iii) OTHERWISE ADMITTING OR ACKNOWLEDGING HIMSELF TO BE 160
THE CHILD'S FATHER. 161
(C)(1) NOTWITHSTANDING THE PROVISIONS TO THE CONTRARY IN 164
CIVIL RULE 60(B), ON MOTION AND UPON ANY TERMS THAT ARE JUST, THE 165
COURT SHALL RELIEVE A PARTY FROM A FINAL JUDGMENT, ORDER, OR 166
PROCEEDING THAT REQUIRES THE PARTY TO PAY CHILD SUPPORT FOR THE 167
CHILD IF THE PARTY SUBMITS WITH THE MOTION GENETIC TEST RESULTS 168
THE PARTY RECEIVED NO MORE THAN SIX MONTHS PRIOR TO THE FILING OF 170
THE MOTION THAT FIND THERE IS A ZERO PER CENT PROBABILITY THAT 171
THE PARTY OR THE MALE MINOR IS THE FATHER OF THE CHILD FOR WHOSE 173
BENEFIT THE SUPPORT IS REQUIRED.
(2) IF THE COURT GRANTS RELIEF UNDER DIVISION (C)(1) OF 175
THIS SECTION, THE COURT SHALL ALSO RELIEVE THE PARTY OR MALE 176
MINOR FROM ANY JUDGMENT, ORDER, OR PROCEEDING DETERMINING THE 177
PARTY OR MALE MINOR TO BE THE FATHER OF THE CHILD WHO IS THE 178
SUBJECT OF THE JUDGMENT, ORDER, OR PROCEEDING FOR THE PAYMENT OF 179
CHILD SUPPORT FROM WHICH RELIEF WAS GRANTED.
(D) IF THE GENETIC TEST RESULTS SUBMITTED PURSUANT TO THE 182
MOTION FOR RELIEF ARE BASED ON SAMPLES FROM ONLY THE PARTY OR 183
MINOR MALE AND THE CHILD, THE COURT, IN ITS DISCRETION, MAY ORDER 184
THE CHILD'S MOTHER, THE PARTY OR MALE MINOR, AND THE CHILD TO 185
SUBMIT TO GENETIC TESTS. IF THE COURT DOES NOT ORDER THE MOTHER, 186
THE PARTY OR MALE MINOR, AND THE CHILD TO SUBMIT TO TESTING, THE 188
RESULTS OF GENETIC TESTING SHALL NOT BE REJECTED BY THE COURT 189
SOLELY BECAUSE THEY ARE BASED ON SAMPLES FROM ONLY THE PARTY OR
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MALE MINOR AND THE CHILD. THE GENETIC TESTS DESCRIBED IN THIS 190
DIVISION AND DIVISION (C) OF THIS SECTION SHALL BE CONDUCTED BY A 191
GENETIC TESTING LABORATORY ACCREDITED BY THE AMERICAN ASSOCIATION 192
OF BLOOD BANKS. 193
(E) A MOTION UNDER DIVISION (C) OF THIS SECTION DOES NOT 196
AFFECT THE FINALITY OF A JUDGMENT OR SUSPEND ITS OPERATION. 197
(F) IF A COURT GRANTS A MOTION THAT RELIEVES A PARTY FROM 200
A FINAL JUDGMENT, ORDER, OR PROCEEDING DESCRIBED IN DIVISION (C) 201
OF THIS SECTION, THE GRANTING OF THE MOTION DOES NOT PRECLUDE ANY 203
PERSON FROM FILING, SUBSEQUENT TO THE GRANTING OF THE MOTION, AN 204
ACTION UNDER CHAPTER 3111. OF THE REVISED CODE TO ESTABLISH A 205
PARENT-CHILD RELATIONSHIP BETWEEN THE PARTY WHO WAS SO RELIEVED 206
OR THE MALE MINOR AND THE CHILD WHO IS THE SUBJECT OF THE 207
JUDGMENT, ORDER, OR PROCEEDING FROM WHICH RELIEF WAS GRANTED, 208
PROVIDED THAT A PERSON SHALL NOT FILE MORE THAN ONE ACTION OF 210
THAT TYPE UNDER CHAPTER 3111. OF THE REVISED CODE IN ANY TWO-YEAR 211
PERIOD REGARDING THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR 212
AND THE CHILD. IF, SUBSEQUENT TO THE GRANTING OF THE MOTION, A 213
PERSON FILES AN ACTION UNDER CHAPTER 3111. OF THE REVISED CODE AS 215
DESCRIBED IN THIS DIVISION, THE COURT, IN ACCORDANCE WITH THAT 216
CHAPTER, MAY ENTER A JUDGMENT IN THE ACTION THAT DETERMINES THE 217
EXISTENCE OF A PARENT-CHILD RELATIONSHIP BETWEEN THE PARTY WHO 218
WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD WHO IS THE 220
SUBJECT OF THE JUDGMENT, ORDER, OR PROCEEDING FROM WHICH RELIEF 221
WAS GRANTED, PROVIDED THAT NO JUDGMENT OF THAT TYPE MAY BE 222
ENTERED UNLESS GENETIC TESTS TAKEN SUBSEQUENT TO THE GRANTING OF 223
THE MOTION INDICATE THAT THERE IS A STATISTICAL PROBABILITY THAT 224
THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR IS THE NATURAL 225
FATHER OF THE CHILD. IF A PERSON FILES AN ACTION UNDER CHAPTER 226
3111. OF THE REVISED CODE AS DESCRIBED IN THIS DIVISION AND THE 227
COURT DETERMINES THAT NO PARENT-CHILD RELATIONSHIP EXISTS BETWEEN 228
THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD WHO 229
IS THE SUBJECT OF THE JUDGMENT, ORDER, OR PROCEEDING FROM WHICH 230
RELIEF WAS GRANTED, THE COURT SHALL REQUIRE THE PERSON WHO FILED 231
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THE ACTION TO PAY ALL COURT COSTS OF THE ACTION AND THE 232
REASONABLE ATTORNEYS' FEES OF THE OPPOSING PARTY. 233
(G) IF RELIEF FROM A JUDGMENT, ORDER, OR PROCEEDING IS 235
GRANTED PURSUANT TO THIS SECTION AND THE PARTY WHO WAS SO 236
RELIEVED, THE MALE MINOR, OR ANY RELATIVE OF THE PARTY OR MALE 237
MINOR HAS BEEN GRANTED COMPANIONSHIP OR VISITATION RIGHTS WITH 238
THE CHILD PURSUANT TO AN ORDER ISSUED UNDER SECTION 3109.051 OR 239
3109.12 OF THE REVISED CODE, THE COURT THAT GRANTS THE RELIEF 240
SHALL IMMEDIATELY SEND WRITTEN NOTICE TO THE COURT THAT ISSUED 241
THE ORDER GRANTING THE COMPANIONSHIP OR VISITATION RIGHTS. ON 242
RECEIPT OF THE NOTICE, THE COURT THAT GRANTED THE COMPANIONSHIP 243
OR VISITATION RIGHTS SHALL TERMINATE THE ORDER GRANTING THOSE 244
RIGHTS.
(H) IF RELIEF FROM AN ORDER FOR THE PAYMENT OF CHILD 246
SUPPORT IS GRANTED PURSUANT TO THIS SECTION AND CHILD SUPPORT 247
ARREARAGES ARE OWED, THE COURT MAY ISSUE AN ORDER CANCELING THAT 248
ARREARAGE. NOTHING IN THIS SECTION MAY BE CONSTRUED TO LIMIT ANY 249
ACTIONS THAT MAY BE TAKEN BY THE PARTY RELIEVED FROM AN ORDER TO 250
PAY CHILD SUPPORT TO RECOVER CHILD SUPPORT PAID UNDER THAT ORDER. 251
Section 2. That existing section 3111.37 of the Revised 253
Code is hereby repealed. 254