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As Reported by the Senate Judiciary Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 242 |
REPRESENTATIVES JONES-WINKLER-SUTTON-CORBIN-KREBS-PRINGLE-
NETZLEY-PADGETT-VAN VYVEN-HOOD-TIBERI-HARTNETT-D. MILLER-
JOLIVETTE-SULZER-SCHULER-ALLEN-JAMES-WILLAMOWSKI-SMITH-O'BRIEN-
DAMSCHRODER-SYKES-HOLLISTER-YOUNG-BOYD-FORD-FERDERBER-OGG-DePIERO-
BARRETT-BRITTON-GOODING-BUCHY-FLANNERY-HOOPS-VESPER-PATTON
A BILL
To amend sections 3111.13 and 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 administrative determination that determines paternity or
requires the
payment of child support
and to prohibit an award of
arrearages for child support for the failure to support a child prior to the
date the court issues an order requiring a parent to pay current support of a
child if the parent had no knowledge of his alleged paternity of the child and
the child is three years
of age or older.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3111.13 and 3111.37 be amended and section 3113.2111
of the Revised Code be enacted to read as follows:
Sec. 3111.13. (A) The judgment or order of the court
determining the existence or nonexistence of the parent and child
relationship is determinative for all purposes.
(B) If the judgment or order of the court is at variance
with the child's birth record, the court may order that a new
birth record be issued under section 3111.18 of the Revised Code.
(C) The EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE
judgment or order may contain any other provision
directed against the appropriate party to the proceeding,
concerning the duty of support, the furnishing of bond or other
security for the payment of the judgment, or any other matter in
the best interest of the child. The judgment or order shall
direct the father to pay all or any part of the reasonable
expenses of the mother's pregnancy and confinement. After entry
of the judgment or order, the father may petition that he be
designated the residential parent and legal custodian of the
child or for visitation rights in a proceeding separate from any
action to establish paternity. Additionally, if the mother is
unmarried, the father, the parents of the father, any relative of
the father, the parents of the mother, and any relative of the
mother may file a complaint pursuant to section 3109.12 of the
Revised Code requesting the granting under that section of
reasonable companionship or visitation rights with respect to the
child.
The judgment or order shall contain any provision required
by section 3111.14 of the Revised Code.
(D) Support judgments or orders ordinarily shall be for
periodic payments that may vary in amount. In the best interest
of the child, a lump-sum payment or the purchase of an annuity
may be ordered in lieu of periodic payments of support.
(E) In determining the amount to be paid by a parent for
support of the child and the period during which the duty of
support is owed, a court enforcing the obligation of support
shall comply with sections 3113.21 to 3113.219 of the Revised
Code.
(F)(1) Each order for child support made or modified under
this section shall include as part
of the order a general provision, as described in division (A)(1)
of section 3113.21 of the Revised Code, requiring the withholding
or deduction of income or assets of the obligor under the
order as
described in division (D) or (H) of section 3113.21 of the
Revised Code, or another type of appropriate requirement as
described in division (D)(3), (D)(4), or
(H) of that section, to
ensure that withholding or deduction from the income or
assets of
the obligor is available from the commencement of the support
order for collection of the support and of any arrearages that
occur; a statement requiring all parties to the order to notify
the child support enforcement agency in writing of their current
mailing address, current residence address, current residence
telephone number, current driver's license number, and any changes
to that information; and a notice that the
requirement to notify
the agency of all changes to that information
continues until
further notice from the court. Any court that makes or modifies
an order for child support under this section shall comply with
sections 3113.21 to 3113.219 of the
Revised Code. If any person required to pay child support under
an order made under this section on or after April 15, 1985, or
modified on or after December 1, 1986, is found in contempt of
court for failure to make support payments under the order, the
court that makes the finding, in addition to any other penalty or
remedy imposed, shall assess all court costs arising out of the
contempt proceeding against the person and require the person to
pay any reasonable attorney's fees of any adverse party, as
determined by the court, that arose in relation to the act of
contempt.
(2) Notwithstanding section 3109.01 of the Revised Code,
if a court issues a child support order under this section, the
order shall remain in effect beyond the child's eighteenth
birthday as long as the child continuously attends on a full-time
basis any recognized and accredited high school
or the order provides
that the duty of support of the child continues beyond the
child's eighteenth birthday. Except in cases in which
the order provides that the
duty of support continues for any period after the child reaches
nineteen years of age, the order shall not remain in effect after the
child reaches age nineteen. Any parent
ordered to pay support under a child support order issued under
this section shall continue to pay support under the order,
including during seasonal vacation periods, until the order
terminates.
(3) When a court determines whether to require a parent to
pay an amount for that parent's failure to support a child prior
to the date the court issues an order requiring that parent to
pay an amount for the current support of that child, it shall
consider all relevant factors, including, but not limited to, any
monetary contribution either parent of the child made to the
support of the child prior to the court issuing the order
requiring the parent to pay an amount for the current support of
the child.
(4)(a) A COURT SHALL NOT REQUIRE A PARENT TO PAY AN AMOUNT FOR
THAT PARENT'S FAILURE TO SUPPORT A CHILD PRIOR TO THE DATE THE COURT ISSUES AN
ORDER REQUIRING THAT PARENT TO PAY AN AMOUNT FOR THE CURRENT SUPPORT OF THAT
CHILD OR TO PAY ALL OR ANY PART OF THE REASONABLE EXPENSES OF THE MOTHER'S
PREGNANCY AND CONFINEMENT, IF BOTH OF THE FOLLOWING APPLY:
(i) AT THE TIME OF THE INITIAL FILING OF AN ACTION TO DETERMINE
THE EXISTENCE OF THE PARENT AND CHILD RELATIONSHIP WITH RESPECT TO THAT
PARENT, THE CHILD WAS OVER THREE YEARS OF AGE.
(ii) PRIOR TO THE INITIAL FILING OF AN ACTION TO DETERMINE THE
EXISTENCE OF THE PARENT AND CHILD RELATIONSHIP WITH RESPECT TO THAT PARENT,
THE ALLEGED FATHER HAD NO KNOWLEDGE AND HAD NO REASON TO HAVE KNOWLEDGE OF HIS
ALLEGED PATERNITY OF THE CHILD.
(b) FOR PURPOSES OF DIVISION
(F)(4)(a)(ii) OF THIS SECTION, THE MOTHER OF THE
CHILD MAY ESTABLISH THAT THE ALLEGED FATHER HAD OR SHOULD HAVE HAD KNOWLEDGE
OF THE PATERNITY OF THE CHILD BY SHOWING, BY A PREPONDERANCE OF THE EVIDENCE,
THAT SHE PERFORMED A REASONABLE AND DOCUMENTED EFFORT TO CONTACT AND NOTIFY
THE ALLEGED FATHER OF HIS PATERNITY OF THE CHILD.
(c) A PARTY IS ENTITLED TO OBTAIN MODIFICATION OF AN EXISTING
ORDER FOR ARREARAGES UNDER THIS DIVISION REGARDLESS OF WHETHER THE JUDGMENT,
COURT ORDER, OR ADMINISTRATIVE SUPPORT ORDER FROM WHICH RELIEF IS SOUGHT WAS
ISSUED PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.
(G) As used in this section, "birth record" has the same
meaning as in section 3705.01 of the Revised Code.
(H) Unless the court has reason to believe that a person named in
the order is a potential victim of domestic violence, any order issued
pursuant to this section finding the
existence of a parent and child relationship shall contain the
full names, addresses, and social security numbers of the mother
and father of the child and the full name and address of the
child.
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)(1) NOTWITHSTANDING THE PROVISIONS TO THE
CONTRARY
IN CIVIL RULE 60(B) AND IN ACCORDANCE WITH THIS
SECTION, A PERSON
MAY FILE A MOTION FOR RELIEF FROM A FINAL JUDGMENT, COURT ORDER, OR
ADMINISTRATIVE DETERMINATION OR ORDER THAT DETERMINES THAT THE PERSON OR A
MALE MINOR REFERRED TO IN DIVISION (B) OF SECTION 3109.19 OF THE
REVISED CODE IS THE FATHER OF A CHILD OR THAT REQUIRES THE
PERSON
OR MALE MINOR TO PAY CHILD SUPPORT. THE PERSON SHALL FILE THE MOTION IN THE
COURT OF COMMON PLEAS OF THE
COUNTY IN WHICH THE ORIGINAL JUDGMENT, COURT ORDER, OR ADMINISTRATIVE
DETERMINATION OR ORDER WAS MADE.
(2) UPON THE MOTION OF ANY ADVERSE PARTY OR UPON ITS OWN
MOTION, THE COURT IN WHICH AN ACTION IS BROUGHT UNDER THIS SECTION MAY
TRANSFER THE ACTION TO THE
COUNTY IN WHICH AN ADVERSE PARTY RESIDES WHEN IT APPEARS TO THE COURT THAT
THE LOCATION OF THE ORIGINAL VENUE PRESENTS A HARDSHIP FOR THAT ADVERSE PARTY.
(B)(1) UPON THE FILING OF A MOTION FOR RELIEF UNDER DIVISION
(A)(1) OF THIS SECTION, A COURT SHALL GRANT RELIEF FROM A FINAL
JUDGMENT, COURT ORDER,
OR ADMINISTRATIVE DETERMINATION OR ORDER THAT DETERMINES THAT A PERSON OR MALE
MINOR IS THE FATHER OF A
CHILD OR THAT REQUIRES A PERSON OR MALE MINOR TO PAY CHILD
SUPPORT FOR A CHILD IF ALL OF THE FOLLOWING APPLY:
(a) THE COURT RECEIVES GENETIC TEST RESULTS FROM A GENETIC TEST
ADMINISTERED NO MORE THAN SIX MONTHS PRIOR TO THE FILING OF THE MOTION FOR
RELIEF THAT FINDS
THAT THERE IS A ZERO PER CENT PROBABILITY THAT THE PERSON OR MALE MINOR IS THE
FATHER OF THE
CHILD.
(b) THE PERSON OR MALE MINOR HAS NOT ADOPTED THE CHILD.
(c) THE CHILD WAS NOT CONCEIVED AS A RESULT OF ARTIFICIAL
INSEMINATION IN COMPLIANCE WITH SECTIONS 3111.30 TO 3111.38 OF THE
REVISED CODE.
(2) A COURT SHALL NOT DENY RELIEF FROM A FINAL JUDGMENT, COURT ORDER,
OR ADMINISTRATIVE DETERMINATION OR ORDER THAT DETERMINES THAT A PERSON OR
MALE MINOR IS THE FATHER OF A CHILD OR THAT REQUIRES A PERSON
OR MALE MINOR TO PAY CHILD SUPPORT FOR A CHILD SOLELY BECAUSE OF THE
OCCURRENCE OF ANY OF THE FOLLOWING ACTS
IF THE PERSON OR
MALE MINOR AT THE TIME OF OR PRIOR TO THE OCCURRENCE OF THAT ACT DID NOT KNOW
THAT HE WAS
NOT THE NATURAL FATHER OF THE CHILD:
(a) THE PERSON OR MALE MINOR MARRIED THE MOTHER OF THE CHILD.
(b) THE PERSON OR MALE MINOR ACKNOWLEDGED HIS PATERNITY OF THE
CHILD IN A WRITING SWORN TO BEFORE A NOTARY PUBLIC.
(c) THE PERSON OR MALE MINOR WAS NAMED AS THE CHILD'S NATURAL
FATHER ON THE CHILD'S BIRTH CERTIFICATE WITH THE VALID CONSENT OF
THE PERSON OR MALE MINOR.
(d) THE PERSON OR MALE MINOR WAS REQUIRED TO SUPPORT THE CHILD
BECAUSE OF
A WRITTEN VOLUNTARY PROMISE OR BY A COURT ORDER OR AN ADMINISTRATIVE
SUPPORT ORDER.
(e) THE PERSON OR MALE MINOR VALIDLY SIGNED 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) THE PERSON OR MALE MINOR WAS NAMED IN AN ACKNOWLEDGMENT OF
PATERNITY OF THE CHILD THAT A COURT ENTERED UPON ITS JOURNAL
PURSUANT TO FORMER SECTION 2105.18 OF THE REVISED CODE.
(g) THE PERSON OR MALE MINOR WAS NAMED IN AN ACKNOWLEDGMENT OF
PATERNITY OF THE CHILD THAT HAS BECOME FINAL UNDER SECTION
2151.232, 3111.211, OR 5101.314 OF THE REVISED CODE.
(h) THE PERSON OR MALE MINOR WAS PRESUMED TO BE THE NATURAL
FATHER OF THE CHILD UNDER ANY OF THE CIRCUMSTANCES LISTED IN
SECTION 3111.03 OF THE REVISED CODE.
(i) THE PERSON OR MALE MINOR WAS DETERMINED TO BE THE FATHER OF
THE CHILD IN A PARENTAGE ACTION UNDER CHAPTER 3111. OF THE
REVISED CODE.
(j) THE PERSON OR MALE MINOR OTHERWISE ADMITTED OR ACKNOWLEDGED
HIMSELF TO BE THE CHILD'S NATURAL FATHER.
(C) A COURT SHALL NOT GRANT RELIEF FROM A FINAL JUDGMENT, COURT
ORDER,
OR ADMINISTRATIVE DETERMINATION OR ORDER THAT DETERMINES THAT A PERSON OR MALE
MINOR IS
THE FATHER OF A
CHILD OR THAT REQUIRES A PERSON OR MALE MINOR TO PAY CHILD
SUPPORT FOR A CHILD IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE
EVIDENCE, THAT THE PERSON OR MALE MINOR KNEW THAT HE WAS NOT THE
NATURAL FATHER OF THE CHILD BEFORE ANY OF THE FOLLOWING:
(1) ANY ACT LISTED IN DIVISIONS (B)(2)(a) TO
(g) OF THIS SECTION
OCCURRED.
(2) THE PERSON OR MALE MINOR WAS PRESUMED TO BE THE NATURAL FATHER OF THE
CHILD UNDER ANY OF THE CIRCUMSTANCES LISTED IN DIVISIONS (A)(1) TO
(4) OF SECTION 3111.03 OF THE REVISED CODE.
(3) THE PERSON OR MALE MINOR OTHERWISE ADMITTED OR ACKNOWLEDGED HIMSELF TO
BE THE CHILD'S FATHER.
(D)(1) IN ANY ACTION FOR RELIEF INSTITUTED UNDER THIS SECTION, IF
THE GENETIC TEST RESULTS SUBMITTED IN CONNECTION WITH THE MOTION FOR RELIEF
ARE SOLELY PROVIDED
BY THE MOVING PARTY, THE COURT, UPON ITS OWN MOTION, MAY ORDER AND, UPON THE
MOTION OF ANY PARTY
TO THE ACTION, SHALL ORDER THE CHILD'S MOTHER, THE CHILD, AND THE
ALLEGED FATHER TO SUBMIT TO GENETIC TESTS. THE CLERK OF THE COURT
SHALL SCHEDULE THE GENETIC TESTING NO LATER THAN THIRTY DAYS AFTER
THE COURT ISSUES ITS ORDER.
(2) IF THE MOTHER IS THE CUSTODIAN OF THE CHILD AND WILLFULLY
FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, IF THE ALLEGED
FATHER OF THE CHILD WILLFULLY FAILS TO SUBMIT HIMSELF TO GENETIC
TESTING, OR IF THE ALLEGED FATHER IS THE CUSTODIAN OF THE CHILD
AND WILLFULLY FAILS TO SUBMIT THE CHILD TO GENETIC TESTING, THE
COURT SHALL ISSUE AN ORDER DETERMINING THE MOTION FOR RELIEF
AGAINST THE PARTY FAILING TO SUBMIT THE PARTY OR THE CHILD TO THE GENETIC
TESTING. IF A
PARTY SHOWS GOOD CAUSE FOR FAILING TO SUBMIT TO GENETIC TESTING OR
FOR FAILING TO SUBMIT THE CHILD TO GENETIC TESTING, THE COURT
SHALL NOT CONSIDER THE FAILURE TO BE WILLFUL.
(3) THE PARTY REQUESTING THE GENETIC TESTS SHALL PAY ANY FEES CHARGED FOR
THE TESTS, UNLESS THE CUSTODIAN OF THE CHILD IS REPRESENTED
BY THE CHILD SUPPORT ENFORCEMENT AGENCY IN ITS ROLE AS THE AGENCY
PROVIDING ENFORCEMENT OF CHILD SUPPORT ORDERS, IN WHICH CASE THE
CHILD SUPPORT ENFORCEMENT AGENCY SHALL PAY THE COSTS OF GENETIC
TESTING IF IT REQUESTS THE TESTS. THE CHILD SUPPORT ENFORCEMENT
AGENCY OR THE PERSON WHO PAID THE FEES CHARGED FOR THE GENETIC
TESTING MAY SEEK REIMBURSEMENT FOR THE FEES FROM
THE PERSON AGAINST WHOM THE COURT ASSESSES THE COSTS OF THE
ACTION.
(4) THE GENETIC TESTS SHALL BE MADE BY QUALIFIED EXAMINERS WHO
ARE AUTHORIZED BY THE COURT OR THE DEPARTMENT OF HUMAN SERVICES
OR BY A GENETIC TESTING LABORATORY ACCREDITED BY THE AMERICAN
ASSOCIATION OF BLOOD BANKS. AN EXAMINER CONDUCTING
A
GENETIC TEST, UPON THE COMPLETION OF THE TEST, SHALL SEND A COMPLETE REPORT OF
THE TEST RESULTS TO THE CLERK OF THE COURT THAT ORDERED THE TEST.
(E) IF A
COURT GRANTS A MOTION THAT RELIEVES A PERSON OR MALE MINOR FROM A FINAL
JUDGMENT, COURT ORDER, OR ADMINISTRATIVE DETERMINATION OR ORDER UNDER 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 PERSON OR MALE MINOR WHO WAS GRANTED RELIEF
AND THE CHILD WHO IS THE SUBJECT OF THE JUDGMENT, COURT ORDER, OR
ADMINISTRATIVE DETERMINATION OR ORDER FROM
WHICH RELIEF WAS GRANTED. 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 PERSON OR
MALE MINOR WHO WAS GRANTED RELIEF AND THE CHILD. A COURT, PURSUANT TO A
MOTION FILED UNDER THIS DIVISION AND IN ACCORDANCE WITH CHAPTER 3111.
OF THE REVISED CODE, MAY ENTER
A JUDGMENT IN THE ACTION THAT DETERMINES THE EXISTENCE OF A
PARENT-CHILD RELATIONSHIP BETWEEN THE PERSON
OR MALE MINOR GRANTED RELIEF AND THE CHILD ONLY IF
GENETIC TESTS TAKEN SUBSEQUENT TO THE GRANTING OF THE MOTION FOR RELIEF
INDICATE THAT THERE IS A STATISTICAL PROBABILITY THAT THE PARTY
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 PERSON
OR THE MALE MINOR AND THE CHILD,
THE COURT
SHALL REQUIRE THE PERSON WHO FILED THE ACTION TO PAY ALL COURT COSTS OF
THE ACTION AND THE REASONABLE ATTORNEY'S FEES OF THE OPPOSING
PARTY.
(F) IF A COURT GRANTS RELIEF FROM A JUDGMENT, COURT ORDER, OR
ADMINISTRATIVE DETERMINATION OR ORDER
PURSUANT TO THIS SECTION AND THE PERSON WHO IS RELIEVED FROM THE JUDGMENT,
ORDER, OR DETERMINATION, THE MALE MINOR, OR
ANY RELATIVE OF THE PERSON 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
SHALL DETERMINE WHETHER THE
ORDER GRANTING THOSE RIGHTS SHOULD BE TERMINATED, MODIFIED, OR CONTINUED.
(G) IF A COURT GRANTS RELIEF FROM A JUDGMENT, COURT ORDER, OR
ADMINISTRATIVE ORDER FOR THE PAYMENT OF CHILD SUPPORT
PURSUANT TO THIS SECTION AND CHILD SUPPORT ARREARAGES ARE
OWED, THE COURT MAY ISSUE AN ORDER CANCELING THAT ARREARAGE.
NOTHING IN THIS SECTION LIMITS ANY ACTIONS THAT
MAY BE TAKEN BY THE PERSON OR MALE MINOR GRANTED RELIEF UNDER THIS SECTION
TO RECOVER CHILD SUPPORT PAID UNDER THE JUDGMENT OR ORDER FROM WHICH RELIEF
WAS GRANTED.
(H) IF RELIEF FROM A JUDGMENT, COURT ORDER, OR ADMINISTRATIVE
ORDER FOR THE
PAYMENT OF CHILD SUPPORT IS NOT GRANTED PURSUANT TO THIS SECTION, THE COURT
SHALL REQUIRE THE
PERSON WHO FILED THE MOTION FOR RELIEF TO PAY ALL COURT COSTS OF THE ACTION
AND THE REASONABLE ATTORNEY'S
FEES OF THE OPPOSING PARTY.
(I) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A PARTY IS
ENTITLED TO OBTAIN RELIEF UNDER THIS SECTION REGARDLESS OF WHETHER THE FINAL
JUDGMENT, COURT ORDER, OR
ADMINISTRATIVE DETERMINATION OR ORDER FROM WHICH RELIEF IS SOUGHT WAS
ISSUED PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(J) 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 OF THE REVISED CODE.
(2) "GENETIC TESTS" AND "GENETIC TESTING" HAVE THE SAME MEANINGS
AS IN SECTION 3111.09 OF THE REVISED CODE.
Section 2. That existing sections 3111.13 and 3111.37 of the Revised Code are
hereby repealed.
Section 3. The General Assembly hereby declares that it is a
person's or male minor's substantive right to obtain relief from a
final judgment, court order, or administrative determination or order that
determines that the person or male minor is the father of a
child or that requires the person or male minor to pay child
support for a child. The person or male minor may obtain relief from a
final judgment, court order, or administrative determination or order only if
relief is granted based on genetic
evidence that the person or male minor is not the father of the
child who is the subject of the judgment, order, or determination.
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