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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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