130th Ohio General Assembly
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As Reported by House Children & Family Services Committee

123rd General Assembly
Regular Session
1999-2000
Sub. H. B. No. 242

REPRESENTATIVES JONES-WINKLER-SUTTON-CORBIN-KREBS-PRINGLE- NETZLEY-PADGETT-VANVYVEN-HOOD-TIBERI-HARTNETT-D.MILLER- JOLIVETTE-SULZER-SCHULER-ALLEN-JAMES-WILLAMOWSKI-SMITH-O'BRIEN- DAMSCHRODER-SYKES-HOLLISTER-YOUNG-BOYD


A BILL
To amend section 3111.37 and to enact section 3113.2111 of the Revised Code to require a court to grant relief from a final judgment, order, or proceeding that determines paternity or requires the payment of child support and to require the termination of visitation or companionship rights with the child if a genetic test finds that there is a zero per cent probability that the party or a male minor is the father of the child who is the subject of the paternity determination, for whose benefit the support is required, or with whom the companionship or visitation rights are granted.

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


Section 1. That section 3111.37 be amended and section 3113.2111 of the Revised Code be enacted to read as follows:

Sec. 3111.37. (A) If a married woman is the subject of a non-spousal artificial insemination and if her husband consented to the artificial insemination, the husband shall be treated in law and regarded as the natural father of a child conceived as a result of the artificial insemination, and a child so conceived shall be treated in law and regarded as the natural child of the husband. A presumption that arises under division (A)(1) or (2) of section 3111.03 of the Revised Code is conclusive with respect to this father and child relationship, and no action or proceeding under sections 3111.01 to 3111.19 or section 3111.22 OR 3113.2111 of the Revised Code shall affect the relationship.

(B) If a woman is the subject of a non-spousal artificial insemination, the donor shall not be treated in law or regarded as the natural father of a child conceived as a result of the artificial insemination, and a child so conceived shall not be treated in law or regarded as the natural child of the donor. No action or proceeding under sections 3111.01 to 3111.19 or section 3111.22 of the Revised Code shall affect these consequences.

Sec. 3113.2111. (A) AS USED IN THIS SECTION:

(1) "CHILD SUPPORT" MEANS SUPPORT FOR A CHILD THAT IS INCLUDED IN A SUPPORT ORDER ISSUED OR MODIFIED PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, UNDER FORMER SECTION 3111.21 OR SECTION 2151.23, 2151.33, 2151.36, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 3111.22, 3111.27, 3113.04, 3113.07, 3113.216, OR 3113.31, OR CHAPTER 3115. of the Revised Code.

(2) "GENETIC TESTS" AND "GENETIC TESTING" HAVE THE SAME MEANINGS AS IN SECTION 3111.09 of the Revised Code.

(B)(1) THE GENERAL ASSEMBLY HEREBY DECLARES THAT IT IS A PARTY'S SUBSTANTIVE RIGHT TO OBTAIN RELIEF FROM A FINAL JUDGMENT, ORDER, OR PROCEEDING THAT DOES EITHER OR BOTH OF THE FOLLOWING IF RELIEF IS GRANTED PURSUANT TO DIVISION (C) OF THIS SECTION BASED 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 FATHER OF A CHILD:

(a) DETERMINES THE PARTY OR THE MINOR MALE IS THE FATHER OF THE CHILD;

(b) REQUIRES THE PARTY TO PAY CHILD SUPPORT.

(2) EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS SECTION, A PARTY IS ENTITLED TO OBTAIN RELIEF UNDER DIVISION (C) OF THIS SECTION REGARDLESS OF WHETHER THE PARTY OR THE MALE MINOR, AT ANY TIME PRIOR TO THE FILING OF THE MOTION, DID ANY OF THE FOLLOWING:

(a) WAS MARRIED TO THE MOTHER OF THE CHILD;

(b) ACKNOWLEDGED HIS PATERNITY OF THE CHILD IN A WRITING SWORN TO BEFORE A NOTARY PUBLIC;

(c) WAS NAMED WITH HIS CONSENT AS THE CHILD'S FATHER ON THE CHILD'S BIRTH CERTIFICATE;

(d) WAS REQUIRED TO SUPPORT THE CHILD BY A WRITTEN VOLUNTARY PROMISE OR A COURT ORDER;

(e) SIGNED WITH HIS CONSENT THE CHILD'S BIRTH CERTIFICATE AS AN INFORMANT AS PROVIDED IN SECTION 3705.09 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JANUARY 1, 1998;

(f) WAS NAMED IN AN ACKNOWLEDGMENT OF PATERNITY THAT A COURT ENTERED UPON ITS JOURNAL PURSUANT TO FORMER SECTION 2105.18 OF THE REVISED CODE;

(g) WAS NAMED IN AN ACKNOWLEDGMENT OF PATERNITY THAT HAS BECOME FINAL UNDER SECTION 2151.232, 3111.211, OR 5101.314 of the Revised Code;

(h) WAS PRESUMED TO BE THE NATURAL FATHER OF THE CHILD UNDER ANY CIRCUMSTANCE LISTED IN SECTION 3111.03 OF THE REVISED CODE;

(i) WAS DETERMINED TO BE THE FATHER OF THE CHILD IN A PARENTAGE ACTION UNDER CHAPTER 3111. OF THE REVISED CODE;

(j) OTHERWISE ADMITTED, ACKNOWLEDGED, OR WAS DETERMINED TO BE THE CHILD'S FATHER.

(3) EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS SECTION, A PARTY IS ENTITLED TO OBTAIN RELIEF UNDER DIVISION (C) OF THIS SECTION REGARDLESS OF WHETHER THE FINAL JUDGMENT, ORDER, OR PROCEEDING FROM WHICH RELIEF IS SOUGHT WAS ISSUED PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

(4) A PARTY MAY NOT OBTAIN RELIEF UNDER DIVISION (C) OF THIS SECTION IF ANY OF THE FOLLOWING IS THE CASE:

(a) THE PARTY OR MALE MINOR ADOPTED THE CHILD;

(b) THE CHILD WAS CONCEIVED AS A RESULT OF ARTIFICIAL INSEMINATION IN COMPLIANCE WITH SECTIONS 3111.30 TO 3111.38 of the Revised Code;

(c) THE PARTY OR MALE MINOR KNEW THE CHILD WAS NOT HIS CHILD BEFORE ANY OF THE FOLLOWING:

(i) TAKING ANY ACTION THAT RESULTED IN AN EVENT DESCRIBED IN DIVISION (B)(2)(a) TO (g) OF THIS SECTION;

(ii) BEING PRESUMED TO BE THE NATURAL FATHER OF THE CHILD UNDER ANY OF THE CIRCUMSTANCES LISTED IN DIVISION (A)(1) TO (4) OF SECTION 3111.03 of the Revised Code;

(iii) OTHERWISE ADMITTING OR ACKNOWLEDGING HIMSELF TO BE THE CHILD'S FATHER.

(C)(1) NOTWITHSTANDING THE PROVISIONS TO THE CONTRARY IN CIVIL RULE 60(B), ON MOTION AND UPON ANY TERMS THAT ARE JUST, THE COURT SHALL RELIEVE A PARTY FROM A FINAL JUDGMENT, ORDER, OR PROCEEDING THAT REQUIRES THE PARTY TO PAY CHILD SUPPORT FOR THE CHILD IF THE PARTY SUBMITS WITH THE MOTION GENETIC TEST RESULTS DETERMINED NO MORE THAN SIX MONTHS PRIOR TO THE FILING OF THE MOTION THAT FIND THERE IS A ZERO PER CENT PROBABILITY THAT THE PARTY OR THE MALE MINOR IS THE FATHER OF THE CHILD FOR WHOSE BENEFIT THE SUPPORT IS REQUIRED.

(2) IF THE COURT GRANTS RELIEF UNDER DIVISION (C)(1) OF THIS SECTION, THE COURT SHALL ALSO RELIEVE THE PARTY OR MALE MINOR FROM ANY JUDGMENT, ORDER, OR PROCEEDING DETERMINING THE PARTY OR MALE MINOR TO BE THE FATHER OF THE CHILD WHO IS THE SUBJECT OF THE JUDGMENT, ORDER, OR PROCEEDING FOR THE PAYMENT OF CHILD SUPPORT FROM WHICH RELIEF WAS GRANTED.

(D) IF THE GENETIC TEST RESULTS SUBMITTED PURSUANT TO THE MOTION FOR RELIEF ARE BASED ON SAMPLES FROM ONLY THE PARTY OR MINOR MALE AND THE CHILD, THE COURT, IN ITS DISCRETION, MAY ORDER THE CHILD'S MOTHER, THE PARTY OR MALE MINOR, AND THE CHILD TO SUBMIT TO GENETIC TESTS. IF THE COURT DOES NOT ORDER THE MOTHER, THE PARTY OR MALE MINOR, AND THE CHILD TO SUBMIT TO TESTING, THE RESULTS OF GENETIC TESTING SHALL NOT BE REJECTED BY THE COURT SOLELY BECAUSE THEY ARE BASED ON SAMPLES FROM ONLY THE PARTY OR MALE MINOR AND THE CHILD. THE GENETIC TESTS DESCRIBED IN THIS DIVISION AND DIVISION (C) OF THIS SECTION SHALL BE CONDUCTED BY A GENETIC TESTING LABORATORY ACCREDITED BY THE AMERICAN ASSOCIATION OF BLOOD BANKS.

(E) A MOTION UNDER DIVISION (C) OF THIS SECTION DOES NOT AFFECT THE FINALITY OF A JUDGMENT OR SUSPEND ITS OPERATION.

(F) IF A COURT GRANTS A MOTION THAT RELIEVES A PARTY FROM A FINAL JUDGMENT, ORDER, OR PROCEEDING DESCRIBED IN DIVISION (C) OF THIS SECTION, THE GRANTING OF THE MOTION DOES NOT PRECLUDE ANY PERSON FROM FILING, SUBSEQUENT TO THE GRANTING OF THE MOTION, AN ACTION UNDER CHAPTER 3111. OF THE REVISED CODE TO ESTABLISH A PARENT-CHILD RELATIONSHIP BETWEEN THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD WHO IS THE SUBJECT OF THE JUDGMENT, ORDER, OR PROCEEDING FROM WHICH RELIEF WAS GRANTED, PROVIDED THAT A PERSON SHALL NOT FILE MORE THAN ONE ACTION OF THAT TYPE UNDER CHAPTER 3111. of the Revised Code IN ANY TWO-YEAR PERIOD REGARDING THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD. IF, SUBSEQUENT TO THE GRANTING OF THE MOTION, A PERSON FILES AN ACTION UNDER CHAPTER 3111. OF THE REVISED CODE AS DESCRIBED IN THIS DIVISION, THE COURT, IN ACCORDANCE WITH THAT CHAPTER, MAY ENTER A JUDGMENT IN THE ACTION THAT DETERMINES THE EXISTENCE OF A PARENT-CHILD RELATIONSHIP BETWEEN THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD WHO IS THE SUBJECT OF THE JUDGMENT, ORDER, OR PROCEEDING FROM WHICH RELIEF WAS GRANTED, PROVIDED THAT NO JUDGMENT OF THAT TYPE MAY BE ENTERED UNLESS GENETIC TESTS TAKEN SUBSEQUENT TO THE GRANTING OF THE MOTION INDICATE THAT THERE IS A STATISTICAL PROBABILITY THAT THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR IS THE NATURAL FATHER OF THE CHILD. IF A PERSON FILES AN ACTION UNDER CHAPTER 3111. of the Revised Code AS DESCRIBED IN THIS DIVISION AND THE COURT DETERMINES THAT NO PARENT-CHILD RELATIONSHIP EXISTS BETWEEN THE PARTY WHO WAS SO RELIEVED OR THE MALE MINOR AND THE CHILD WHO IS THE SUBJECT OF THE JUDGMENT, ORDER, OR PROCEEDING FROM WHICH RELIEF WAS GRANTED, THE COURT SHALL REQUIRE THE PERSON WHO FILED THE ACTION TO PAY ALL COURT COSTS OF THE ACTION AND THE REASONABLE ATTORNEYS' FEES OF THE OPPOSING PARTY.

(G) IF RELIEF FROM A JUDGMENT, ORDER, OR PROCEEDING IS GRANTED PURSUANT TO THIS SECTION AND THE PARTY WHO WAS SO RELIEVED, THE MALE MINOR, OR ANY RELATIVE OF THE PARTY OR MALE MINOR HAS BEEN GRANTED COMPANIONSHIP OR VISITATION RIGHTS WITH THE CHILD PURSUANT TO AN ORDER ISSUED UNDER SECTION 3109.051 OR 3109.12 OF THE REVISED CODE, THE COURT THAT GRANTS THE RELIEF SHALL IMMEDIATELY SEND WRITTEN NOTICE TO THE COURT THAT ISSUED THE ORDER GRANTING THE COMPANIONSHIP OR VISITATION RIGHTS. ON RECEIPT OF THE NOTICE, THE COURT THAT GRANTED THE COMPANIONSHIP OR VISITATION RIGHTS SHALL TERMINATE THE ORDER GRANTING THOSE RIGHTS.

(H) IF RELIEF FROM AN ORDER FOR THE PAYMENT OF CHILD SUPPORT IS GRANTED PURSUANT TO THIS SECTION AND CHILD SUPPORT ARREARAGES ARE OWED, THE COURT MAY ISSUE AN ORDER CANCELING THAT ARREARAGE. NOTHING IN THIS SECTION MAY BE CONSTRUED TO LIMIT ANY ACTIONS THAT MAY BE TAKEN BY THE PARTY RELIEVED FROM AN ORDER TO PAY CHILD SUPPORT TO RECOVER CHILD SUPPORT PAID UNDER THAT ORDER.


Section 2. That existing section 3111.37 of the Revised Code is hereby repealed.
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