2006 Ohio Revised Code - 3111.04. Right to bring paternity action; stay pending birth; cooperation in administrative determination.

§ 3111.04. Right to bring paternity action; stay pending birth; cooperation in administrative determination.
 

(A)  An action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's mother or her personal representative, a man alleged or alleging himself to be the child's father, the child support enforcement agency of the county in which the child resides if the child's mother, father, or alleged father is a recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative. 

(B)  An agreement does not bar an action under this section. 

(C)  If an action under this section is brought before the birth of the child and if the action is contested, all proceedings, except service of process and the taking of depositions to perpetuate testimony, may be stayed until after the birth. 

(D)  A recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, shall cooperate with the child support enforcement agency of the county in which a child resides to obtain an administrative determination pursuant to sections 3111.38 to 3111.54 of the Revised Code, or, if necessary, a court determination pursuant to sections 3111.01 to 3111.18 of the Revised Code, of the existence or nonexistence of a parent and child relationship between the father and the child. If the recipient fails to cooperate, the agency may commence an action to determine the existence or nonexistence of a parent and child relationship between the father and the child pursuant to sections 3111.01 to 3111.18 of the Revised Code. 

(E)  As used in this section, "public assistance" means medical assistance under Chapter 5111. of the Revised Code, assistance under Chapter 5107. of the Revised Code, disability financial assistance under Chapter 5115. of the Revised Code, or disability medical assistance under Chapter 5115. of the Revised Code. 
 

HISTORY: 139 v H 245 (Eff 6-29-82); 144 v S 10 (Eff 7-15-92); 147 v H 352 (Eff 1-1-98); 148 v S 180. Eff 3-22-2001; 150 v H 95, § 1, eff. 6-26-03; 151 v H 136, § 1, eff. 5-17-06.
 

The effective date is set by section 182 of H.B. 95 (150 v  - ). 

Not analogous to former RC § 3111.04 (RS § 5615; S&C 176; 74 v 11; GC § 8006-4; 110 v 296; 124 v 178(197); Bureau of Code Revision, 10-1-53; 125 v 184; 127 v 1039(1104)), repealed 139 v H 245, § 2, eff 6-29-82.

See provisions § 5 of SB 10 (144 v  - ) following RC § 3103.03.1. 

 

Effect of Amendments

151 v H 136, effective May 17, 2006, in (A), inserted "father, or alleged father". 

H.B. 95, Acts 2003, effective June 26, 2003, inserted "financial" following "disability" and "or disability medical assistance under Chapter 5115. of the Revised Code" in (E).