5101:12-40-05 Determination of the existence or non-existence of a father and child relationship.

(A) The following terms and definitions apply throughout division 5101:12 of the Administrative Code:

(1) "Alleged father" means a man who is believed to be or believes himself to be the natural father of a child but a final and enforceable determination of paternity regarding that man and child does not exist.

(2) "Birth record" has the same meaning as in section 3705.01 of the Revised Code.

(3) "Central paternity registry" (CPR) is the birth registry maintained by the office of child support (OCS) in the Ohio department of job and family services (ODJFS) in accordance with section 3111.64 of the Revised Code.

(4) "Determine the existence or non-existence of a father and child relationship" refers to the administrative or judicial process that will determine whether or not a man is the father of a child when there is not a final and enforceable determination of paternity.

(5) "Disestablish paternity" means to attempt to overturn or reverse a final and enforceable determination of paternity.

(6) A "final and enforceable determination of paternity" exists when:

(a) In accordance with section 3111.25 of the Revised Code, the mother and father signed a JFS 07038, "Acknowledgment of Paternity" (rev. 12/2006), and neither the mother nor the father brought an action under section 3111.27 of the Revised Code within sixty days of the signing to request the JFS 07038 be rescinded, and the JFS 07038 has been determined to be completed correctly;

(b) In accordance with section 3111.49 of the Revised Code, a child support enforcement agency (CSEA) issued a JFS 07774, "CSEA Administrative Order - Establishment of Paternity" (rev. 11/2001), or JFS 07771, "CSEA Administrative Order - Non-existence of Child-Parent Relationship"

(rev. 1/2006), and neither the mother, alleged father, nor guardian or custodian of the child brought an action under sections 3111.01 to 3111.18 of the Revised Code within thirty days of the issuance of the administrative order to object to the administrative order;

(c) A court issued an order determining that the man is the father of the child or that the child was born as a product of the marriage and neither party to the order objected to the order;

(d) In accordance with section 3111.821 , an administrative child support order was issued or, in accordance with section 2151.232 of the Revised Code, a court support order was issued and neither party to the order raised the issue of the existence or nonexistence of a parent and child relationship although paternity was presumed pursuant to division (A)(3) of section 3111.03 of the Revised Code and as described in rule 5101:12-40-10 of the Administrative Code;

(e) In accordance with section 3111.95 of the Revised Code, the husband of a married woman consented to artificial insemination; or

(f) Another state or country has established a final and enforceable determination of paternity under the laws of that state or country, regardless of whether the determination of paternity was made pursuant to a voluntary acknowledgement of paternity, an administrative proceeding, or a court proceeding. The CSEA shall give full faith and credit to a final and enforceable determination of paternity made by another state or country.

(7) "Genetic testing" and "genetic tests" mean: Tissue or blood tests, including tests that identify the presence or absence of common blood group antigens, the red blood cell antigens, human lymphocyte antigens, serum enzymes, serum proteins, or genetic markers; or deoxyribonucleic acid typing of blood or buccal cell samples. "Genetic test" and "genetic testing" may include the typing and comparison of deoxyribonucleic acid derived from the blood of one individual and buccal cells of another.

(B) In accordance with Chapter 3111. of the Revised Code, the CSEA shall determine the existence or nonexistence of a father and child relationship when:

(1) The child was born out-of-wedlock and:

(a) The child receives Ohio works first (OWF), Title IV-E foster care maintenance, or medicaid benefits in the same county as the CSEA; or

(b) The CSEA receives a request to determine the existence or non-existence of a father and child relationship, as described in rule 5101:12-40-20 of the Administrative Code, by:

(i) The child's mother or her personal representative;

(ii) A man alleged or alleging himself to be the father of the child or his personal representative;

(iii) The child or the child's personal representative, guardian, or custodian; or

(iv) The court pursuant to division (D) of section 3111.381 of the Revised Code.

(2) There is a presumption of paternity and:

(a) The CSEA receives a request to determine the existence or non-existence of a father and child relationship, as described in rule 5101:12-40-20 of the Administrative Code, by:

(i) The child's mother or her personal representative;

(ii) A man alleged or alleging himself to be the father of the child or his personal representative;

(iii) The child or the child's personal representative, guardian, or custodian; or

(b) Either the mother or the presumed father disputes paternity during an administrative or court child support hearing.

(C) In accordance with section 3111.38 of the Revised Code, the CSEA in the county in which the child or the guardian or legal custodian of the child resides shall determine the existence or non-existence of a father and child relationship.

In accordance with section 3111.39 of the Revised Code, when more than one CSEA receives a request to determine the existence or non-existence of a father and child relationship concerning the same child that meets the requirements described in this paragraph, the CSEA that receives the request first shall act on the request. When a CSEA that receives a request is not the appropriate CSEA for the filing of the request, the CSEA shall forward the request to the CSEA in which the child or the guardian or legal custodian of the child resides.

(D) Pursuant to section 3111.381 of the Revised Code, the CSEA shall attempt to determine the existence or non-existence of a father and child relationship through an administrative action and, when the administrative action is unsuccessful, by bringing a court action.

Pursuant to division (E) of section 3111.381 of the Revised Code, if the alleged father of a child is deceased and proceedings for the probate of the estate of the alleged father have been or can be commenced, the court with jurisdiction over the probate proceedings shall retain jurisdiction to determine the existence or nonexistence of a parent and child relationship between the alleged father and any child without an administrative determination being requested from a child support enforcement agency.

(E) Pursuant to section 3111.05 of the Revised Code, an action to determine the existence or non-existence of a father and child relationship may be brought up to and including the child's twenty-third birthday.

(F) Disestablishing paternity.

When there is a final and enforceable determination of paternity, the CSEA:

(1) Shall not assist either party in an action to disestablish paternity;

(2) Shall intervene in an action to disestablish paternity in order to defend support collections assigned to the Ohio department of job and family services; and

(3) May intervene in an action to disestablish paternity in order to defend a paternity determination or a support order.

Replaces: 5101:12-40-05, Part of 5101:1-30-29

Effective: 12/15/2006
R.C. 119.032 review dates: 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.04 , 3125.03 , 3125.25
Prior Effective Dates: 8/1/82, 8/1/90, 7/15/92, 9/1/93, 7/1/96, 1/1/97, 1/1/98, 7/1/02, 4/18/03, 2/1/05