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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 |
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determination of paternity unless the acknowledgment is rescinded | 37 |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
| 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
| 48 |
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(2) A presumption of paternity that arose prior to
| 50 |
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) If a married woman gives birth to a child born as a | 71 |
result of embryo donation to which her husband has not consented, | 72 |
a presumption that arises under division (A)(1) or (2) of section | 73 |
3111.03 of the Revised Code that the husband is the father of the | 74 |
child may be rebutted by clear and convincing evidence that | 75 |
includes the lack of consent to the embryo donation. | 76 |
(D) As used in this division, "donor" means an individual who | 77 |
produced genetic material used to create an embryo, consents to | 78 |
the implantation of the embryo in a woman who is not the | 79 |
individual or the individual's wife, and at the time of the embryo | 80 |
donation does not intend to raise the resulting child as the | 81 |
individual's own. | 82 |
If an individual who produced genetic material used to create | 83 |
an embryo dies, the other person who produced genetic material | 84 |
used to create the embryo may consent to donate the embryo. In | 85 |
such a case, the deceased person shall be deemed a donor for the | 86 |
purposes of this section. | 87 |
A donor shall not be treated in law or regarded as a parent | 88 |
of a child born as a result of embryo donation. A donor shall have | 89 |
no parental responsibilities and shall have no right, obligation, | 90 |
or interest with respect to a child resulting from the donation. | 91 |
(E) This section deals with embryo donation for the purpose | 92 |
of impregnating a woman so that she can bear a child that she | 93 |
intends to raise as her child. | 94 |
Section 2. That existing section 3111.03 of the Revised Code | 95 |
is hereby repealed. | 96 |