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H. B. No. 102 As Passed by the HouseAs Passed by the House
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Wolpert, Faber, Core, Seaver, Willamowski, Raussen, Combs, G. Smith, Martin, Hoops, Reidelbach, Harwood, Allen, Buehrer, Cassell, Coley, Collier, Domenick, C. Evans, Flowers, Gibbs, Gilb, Hagan, Hood, Hughes, McGregor, Schaffer, Setzer, White, Williams
A BILL
To amend section 3111.03 and to enact section 3111.97 of the Revised Code to clarify the parentage of children born as a result of embryo donation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3111.03 be amended and section 3111.97 of the Revised Code be enacted to read as follows: Sec. 3111.03. (A) A man is presumed to be the natural
father of a child under any of the following circumstances: (1) The man and the child's mother are or have been
married
to each other, and the child is born during the marriage
or is
born within three hundred days after the marriage is
terminated by
death, annulment, divorce, or dissolution or after
the man and the
child's mother separate pursuant to a separation
agreement. (2) The man and the child's mother attempted, before the
child's birth, to marry each other by a marriage that was
solemnized in apparent compliance with the law of the state in
which the marriage took place, the marriage is or could be
declared invalid, and either of the following applies: (a) The marriage can only be declared invalid by a court
and
the child is born during the marriage or within three hundred
days
after the termination of the marriage by death, annulment,
divorce, or dissolution; (b) The attempted marriage is invalid without a court
order
and the child is born within three hundred days after the
termination of cohabitation. (3) An acknowledgment of paternity has been filed
pursuant
to
section
3111.23 or former section
5101.314 of the
Revised Code
and has not become final under former section
3111.211 or
5101.314
or section 2151.232, 3111.25, or 3111.821 of
the Revised Code. (B) A presumption that arises under this section can
only be
rebutted by clear and convincing evidence that includes
the
results of genetic testing, except that a presumption that
is
conclusive
as provided in division (A) of section 3111.95 or division (B) of section 3111.97 of the
Revised
Code cannot be rebutted.
An acknowledgment of paternity
that
becomes final under section 2151.232, 3111.25, or 3111.821 of
the Revised Code is not a
presumption and shall be considered a
final and enforceable determination of
paternity unless the
acknowledgment is rescinded under section 3111.28 or
3119.962 of
the Revised Code.
If two or more conflicting
presumptions arise
under this section, the court shall determine,
based upon logic
and policy considerations, which presumption
controls.
(C)(1) Except as provided in division (C)(2)
of this
section, a presumption of paternity that arose pursuant to this
section prior to
the effective date of this amendment
March 22, 2001, shall
remain valid on and after that date unless rebutted pursuant to
division (B)
of this section. This division does not apply to a
determination described in
division (B)(3) of this section
as
division (B)(3) of this section
existed prior to
the effective
date of this amendment
March 22, 2001. (2) A presumption of paternity that arose prior to
the
effective date of
this amendment
March 22, 2001, based on an acknowledgment of
paternity that became final under
former section 3111.211 or
5101.314 or section 2151.232 of the Revised Code is not a
presumption and shall be considered a final and enforceable
determination of
paternity unless the acknowledgment is rescinded
under section 3111.28 or
3119.962 of the Revised Code.
Sec. 3111.97. (A) A woman who gives birth to a child born as a result of embryo donation shall be treated in law and regarded as the natural mother of the child, and the child shall be treated in law and regarded as the natural child of the woman. No action or proceeding under this chapter shall affect the relationship.
(B) If a married woman gives birth to a child born as a result of embryo donation to which her husband consented, the husband shall be treated in law and regarded as the natural father of the child, and the child 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 this chapter shall affect the relationship.
(C) As used in this division, "donor" means an individual who produced genetic material used to create an embryo, consents to the implantation of the embryo in a woman who is not the individual or the individual's wife, and at the time of the embryo donation does not intend to raise the resulting child as the individual's own. If an individual who produced genetic material used to create an embryo dies, the other person who produced genetic material used to create the embryo may consent to donate the embryo. In such a case, the deceased person shall be deemed a donor for the purposes of this section.
A donor shall not be treated in law or regarded as a parent of a child born as a result of embryo donation. A donor shall have no parental responsibilities and shall have no right, obligation, or interest with respect to a child resulting from the donation.
(D) This section deals with embryo donation for the purpose of impregnating a woman so that she can bear a child that she intends to raise as her child.
Section 2. That existing section 3111.03 of the Revised Code is hereby repealed.
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