H. B. No. 252 As Introduced

(I) The written consent required under division (B)(1) or (2)

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of this section, the written identification required in division

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(C)(1) of this section, and the results of a paternity test

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performed pursuant to division (F) of this section are

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confidential, are not public records under section 149.43 of the

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Revised Code, and shall be viewed only by the pregnant woman, the

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man claiming to be or the man identified as being the father of

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the fetus, the person who is to perform or induce the abortion,

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any law enforcement officer investigating a violation of this

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section, and a court and jury in a criminal case involving an

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alleged violation of this section.

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(B)(1) When the fetus that is the subject of the procedure is	8
viable, no person shall perform or induce an abortion on a	9
pregnant woman without the written informed consent of the father	10
of the fetus.	11

(2) When the fetus that is the subject of the procedure is	12
not viable, no person shall perform or induce an abortion on a	13
pregnant woman without the written informed consent of the father	14
of the fetus.	15

(C)(1) A pregnant woman seeking to abort her pregnancy shall	16
provide, in writing, the identity of the father of the fetus to	17
the person who is to perform or induce the abortion.	18

(2) No pregnant woman seeking to abort her pregnancy shall	19
fail to comply with division (B)(1) of this section.	20

(3) No pregnant woman seeking to abort her pregnancy shall	21
provide to the person who is to perform or induce the abortion the	22
identity of a man as the father of the fetus if the man is not the	23
father of the fetus.	24

Section 1. That section 2919.124 of the Revised Code be	4
enacted to read as follows:	5

Sec. 2919.124. (A) As used in this section, "viable" has the	6
same meaning as in section 2901.01 of the Revised Code.	7

(D) No man shall give a consent pursuant to division (B)(1)	25
or (2) of this section as the father of the fetus if the man knows	26
that he is not the father of the fetus.	27

(E) No person shall cause a man to believe that the man is	28
the father of a fetus for the purpose of obtaining the consent	29
required by division (B)(1) or (2) of this section, if the person	30
knows that the man is not the father of the fetus.	31

(F) If, pursuant to division (C)(1) of this section, the	32
pregnant woman identifies two or more men as possible fathers of	33
the fetus, the person who is to perform or induce the abortion	34
shall perform a paternity test, or cause a paternity test to be	35
performed, to determine the father of the fetus prior to accepting	36
any consent required under division (B)(1) or (2) of this section	37
and prior to performing or inducing an abortion of the pregnant	38
woman's pregnancy. No person shall perform or induce an abortion	39
in violation of this division.	40

(G) It is not a defense to a violation of division (B)(1) or	41
(2) or (C)(2) of this section that the woman does not know the	42
identity of the father of the fetus.	43

(H)(1) Divisions (B)(1) and (2) of this section do not apply	44
if the pregnant woman provides to the person who is to perform or	45
induce the abortion either of the following:	46

(a) A copy of a police report or a complaint, indictment,	47
information, or other court document that gives the person who is	48
to perform or induce the abortion reasonable cause to believe that	49
the woman became pregnant as the result of rape or incest.	50

(b) A copy of a paternity test that gives the person who is	51
to perform or induce the abortion reasonable cause to believe that	52
the woman became pregnant as the result of incest.	53

(2) This section does not apply if the abortion is necessary,	54
in appropriate medical judgment, to preserve the life or the	55
physical health of the pregnant woman.	56

(J) Whoever violates this section is guilty of abortion	70
fraud, a misdemeanor of the first degree. If the person previously	71
has pleaded guilty to or has been convicted of a violation of this	72
section, abortion fraud is a felony of the fifth degree.	73

(3) Divisions (B)(1) and (2) of this section do not apply if	57
the father of the fetus is deceased at the time of the abortion.	58