Ohio Administrative Code › Title 5101:12 - Child Support › Chapter 5101:12-40 - Paternity › Section 5101:12-40-10 - Presumption of paternity

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with division (A) of section
				3111.03 of the Revised Code, a
				man is presumed to be the natural father of a child when a final and
				enforceable determination of paternity does not exist and:
(1) The man and the child's mother are married to each other
				and the child is born during the marriage;
(2) The man and the child's mother are married to each other
				and the child is born after the man and the child's mother file a separation
				agreement in court;
(3) The man and the child's mother have been married to each
				other and the child is born within three hundred days after the marriage is
				terminated by death, annulment, divorce, or dissolution;
(4) 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;
				or
(b) The attempted marriage is invalid without a court order and
				the child is born within three hundred days after the termination of
				cohabitation; or
(5) A JFS 07038, "Acknowledgment of Paternity Affidavit"
				(effective or revised effective date as identified in rule
				5101:12-1-99
				of the Administrative Code), has been filed with the central paternity
				registry and the JFS 07038 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) In accordance with division (C) of section
				3111.03 of the Revised Code,
				certain presumptions that existed in law prior to March 22, 2001, and were
				subsequently removed from the statute remain valid on and after that date
				unless rebutted. These presumptions include:
(1) Between June 24, 1982, and December 31, 1997, a man, with
				his consent, is named as the child's father on the birth certificate or signs
				the child's birth certificate as an informant as provided in section
				3705.14 of the Revised Code and
				a final and enforceable determination of paternity has not been issued;
				and
(2) Between April 11, 1991, and December 31, 1997, genetic
				testing results indicated a probability of paternity of ninety-five per cent or
				greater but less than ninety-nine per cent that a man is the biological father
				of the child and a final and enforceable determination of paternity has not
				been issued.
(C) A presumption of paternity can only be rebutted by clear
				and convincing evidence that includes the results of genetic testing. In
				accordance with division (B) of section
				3111.03 of the Revised Code, a
				presumption that arises when the husband of a married woman consented to
				artificial insemination or embryo donation is conclusive and cannot be
				rebutted, pursuant to section
				3111.95 or
				3111.97 of the Revised
				Code.
(D) If two or more conflicting presumptions arise and there is
				not a final and enforceable determination of paternity as described in rule
				5101:12-40-05
				of the Administrative Code, the child support enforcement agency (CSEA) shall
				request the court to determine which presumption controls.
Five Year Review (FYR) Dates:
				7/22/2019 and
				07/22/2024
Promulgated
				Under: 119.03
Statutory
				Authority: 3125.25
Rule
				Amplifies: 3111.03,
				3111.95,
				3125.03
Prior
				Effective Dates: 07/15/1992, 09/01/1993, 06/21/1996, 01/01/1998, 08/01/1998,
				12/01/2001, 09/01/2005, 12/15/2006,
				05/01/2014