H. B. No. 102 As Passed by the House

Representatives Wolpert, Faber, Core, Seaver, Willamowski, Raussen, Combs, G. Smith, Martin, Hoops, Reidelbach, Harwood, Allen, Buehrer, Cassell, Coley, Collier, Domenick, C. Evans, Flowers, Gibbs, Gilb, Hagan, Hood, Hughes, McGregor, Schaffer, Setzer, White, Williams

A BILL

To amend section 3111.03 and to enact section 3111.97 1
of the Revised Code to clarify the parentage of 2
children born as a result of embryo donation. 3

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 3111.03 be amended and section 4
3111.97 of the Revised Code be enacted to read as follows: 5

       Sec. 3111.03. (A) A man is presumed to be the natural father 6
of a child under any of the following circumstances: 7

       (1) The man and the child's mother are or have been married 8
to each other, and the child is born during the marriage or is 9
born within three hundred days after the marriage is terminated by 10
death, annulment, divorce, or dissolution or after the man and the 11
child's mother separate pursuant to a separation agreement. 12

       (2) The man and the child's mother attempted, before the 13
child's birth, to marry each other by a marriage that was 14
solemnized in apparent compliance with the law of the state in 15
which the marriage took place, the marriage is or could be 16
declared invalid, and either of the following applies: 17

       (a) The marriage can only be declared invalid by a court and 18
the child is born during the marriage or within three hundred days 19
after the termination of the marriage by death, annulment, 20
divorce, or dissolution; 21

       (b) The attempted marriage is invalid without a court order 22
and the child is born within three hundred days after the 23
termination of cohabitation. 24

       (3) An acknowledgment of paternity has been filed pursuant to 25
section 3111.23 or former section 5101.314 of the Revised Code and 26
has not become final under former section 3111.211 or 5101.314 or 27
section 2151.232, 3111.25, or 3111.821 of the Revised Code. 28

       (B) A presumption that arises under this section can only be 29
rebutted by clear and convincing evidence that includes the 30
results of genetic testing, except that a presumption that is 31
conclusive as provided in division (A) of section 3111.95 or 32
division (B) of section 3111.97 of the Revised Code cannot be 33
rebutted. An acknowledgment of paternity that becomes final under 34
section 2151.232, 3111.25, or 3111.821 of the Revised Code is not 35
a presumption and shall be considered a final and enforceable 36
determination of paternity unless the acknowledgment is rescinded 37
under section 3111.28 or 3119.962 of the Revised Code. If two or 38
more conflicting presumptions arise under this section, the court 39
shall determine, based upon logic and policy considerations, which 40
presumption controls. 41

       (C)(1) Except as provided in division (C)(2) of this section, 42
a presumption of paternity that arose pursuant to this section 43
prior to ~~the effective date of this amendment~~March 22, 2001, 44
shall remain valid on and after that date unless rebutted pursuant 45
to division (B) of this section. This division does not apply to a 46
determination described in division (B)(3) of this section as 47
division (B)(3) of this section existed prior to ~~the effective~~ 48
~~date of this amendment~~March 22, 2001. 49

       (2) A presumption of paternity that arose prior to ~~the~~ 50
~~effective date of this amendment~~March 22, 2001, based on an 51
acknowledgment of paternity that became final under former section 52
3111.211 or 5101.314 or section 2151.232 of the Revised Code is 53
not a presumption and shall be considered a final and enforceable 54
determination of paternity unless the acknowledgment is rescinded 55
under section 3111.28 or 3119.962 of the Revised Code. 56

       Sec. 3111.97. (A) A woman who gives birth to a child born as 57
a result of embryo donation shall be treated in law and regarded 58
as the natural mother of the child, and the child shall be treated 59
in law and regarded as the natural child of the woman. No action 60
or proceeding under this chapter shall affect the relationship. 61

        (B) If a married woman gives birth to a child born as a 62
result of embryo donation to which her husband consented, the 63
husband shall be treated in law and regarded as the natural father 64
of the child, and the child shall be treated in law and regarded 65
as the natural child of the husband. A presumption that arises 66
under division (A)(1) or (2) of section 3111.03 of the Revised 67
Code is conclusive with respect to this father and child 68
relationship, and no action or proceeding under this chapter shall 69
affect the relationship. 70

        (C) As used in this division, "donor" means an individual who 71
produced genetic material used to create an embryo, consents to 72
the implantation of the embryo in a woman who is not the 73
individual or the individual's wife, and at the time of the embryo 74
donation does not intend to raise the resulting child as the 75
individual's own. 76

       If an individual who produced genetic material used to create 77
an embryo dies, the other person who produced genetic material 78
used to create the embryo may consent to donate the embryo. In 79
such a case, the deceased person shall be deemed a donor for the 80
purposes of this section. 81

        A donor shall not be treated in law or regarded as a parent 82
of a child born as a result of embryo donation. A donor shall have 83
no parental responsibilities and shall have no right, obligation, 84
or interest with respect to a child resulting from the donation. 85

        (D) This section deals with embryo donation for the purpose 86
of impregnating a woman so that she can bear a child that she 87
intends to raise as her child. 88

       Section 2. That existing section 3111.03 of the Revised Code 89
is hereby repealed. 90

Section 1. That section 3111.03 be amended and section	4
3111.97 of the Revised Code be enacted to read as follows:	5

Sec. 3111.03. (A) A man is presumed to be the natural father	6
of a child under any of the following circumstances:	7

(1) The man and the child's mother are or have been married	8
to each other, and the child is born during the marriage or is	9
born within three hundred days after the marriage is terminated by	10
death, annulment, divorce, or dissolution or after the man and the	11
child's mother separate pursuant to a separation agreement.	12

(2) The man and the child's mother attempted, before the	13
child's birth, to marry each other by a marriage that was	14
solemnized in apparent compliance with the law of the state in	15
which the marriage took place, the marriage is or could be	16
declared invalid, and either of the following applies:	17

(a) The marriage can only be declared invalid by a court and	18
the child is born during the marriage or within three hundred days	19
after the termination of the marriage by death, annulment,	20
divorce, or dissolution;	21

(b) The attempted marriage is invalid without a court order	22
and the child is born within three hundred days after the	23
termination of cohabitation.	24

(3) An acknowledgment of paternity has been filed pursuant to	25
section 3111.23 or former section 5101.314 of the Revised Code and	26
has not become final under former section 3111.211 or 5101.314 or	27
section 2151.232, 3111.25, or 3111.821 of the Revised Code.	28

(B) A presumption that arises under this section can only be	29
rebutted by clear and convincing evidence that includes the	30
results of genetic testing, except that a presumption that is	31
conclusive as provided in division (A) of section 3111.95 or	32
division (B) of section 3111.97 of the Revised Code cannot be	33
rebutted. An acknowledgment of paternity that becomes final under	34
section 2151.232, 3111.25, or 3111.821 of the Revised Code is not	35
a presumption and shall be considered a final and enforceable	36
determination of paternity unless the acknowledgment is rescinded	37
under section 3111.28 or 3119.962 of the Revised Code. If two or	38
more conflicting presumptions arise under this section, the court	39
shall determine, based upon logic and policy considerations, which	40
presumption controls.	41

(C)(1) Except as provided in division (C)(2) of this section,	42
a presumption of paternity that arose pursuant to this section	43
prior to ~~the effective date of this amendment~~March 22, 2001,	44
shall remain valid on and after that date unless rebutted pursuant	45
to division (B) of this section. This division does not apply to a	46
determination described in division (B)(3) of this section as	47
division (B)(3) of this section existed prior to ~~the effective~~	48
~~date of this amendment~~March 22, 2001.	49

(2) A presumption of paternity that arose prior to ~~the~~	50
~~effective date of this amendment~~March 22, 2001, based on an	51
acknowledgment of paternity that became final under former section	52
3111.211 or 5101.314 or section 2151.232 of the Revised Code is	53
not a presumption and shall be considered a final and enforceable	54
determination of paternity unless the acknowledgment is rescinded	55
under section 3111.28 or 3119.962 of the Revised Code.	56

Sec. 3111.97. (A) A woman who gives birth to a child born as	57
a result of embryo donation shall be treated in law and regarded	58
as the natural mother of the child, and the child shall be treated	59
in law and regarded as the natural child of the woman. No action	60
or proceeding under this chapter shall affect the relationship.	61

(B) If a married woman gives birth to a child born as a	62
result of embryo donation to which her husband consented, the	63
husband shall be treated in law and regarded as the natural father	64
of the child, and the child shall be treated in law and regarded	65
as the natural child of the husband. A presumption that arises	66
under division (A)(1) or (2) of section 3111.03 of the Revised	67
Code is conclusive with respect to this father and child	68
relationship, and no action or proceeding under this chapter shall	69
affect the relationship.	70

(C) As used in this division, "donor" means an individual who	71
produced genetic material used to create an embryo, consents to	72
the implantation of the embryo in a woman who is not the	73
individual or the individual's wife, and at the time of the embryo	74
donation does not intend to raise the resulting child as the	75
individual's own.	76

If an individual who produced genetic material used to create	77
an embryo dies, the other person who produced genetic material	78
used to create the embryo may consent to donate the embryo. In	79
such a case, the deceased person shall be deemed a donor for the	80
purposes of this section.	81

A donor shall not be treated in law or regarded as a parent	82
of a child born as a result of embryo donation. A donor shall have	83
no parental responsibilities and shall have no right, obligation,	84
or interest with respect to a child resulting from the donation.	85

(D) This section deals with embryo donation for the purpose	86
of impregnating a woman so that she can bear a child that she	87
intends to raise as her child.	88

Section 2. That existing section 3111.03 of the Revised Code	89
is hereby repealed.	90