5101:12-40-15 Acknowledgment of paternity.

(A) The mother of a child and a man alleging himself to be the natural father of the child may sign a JFS 07038, "Acknowledgment of Paternity Affidavit" (rev. 12/2006), at a child support enforcement agency (CSEA). The mother and man may sign the JFS 07038 outside of each other's presence. The CSEA shall provide a notary public to notarize the JFS 07038.

(1) The CSEA shall determine whether there is a man presumed to be the father of the child.

(2) No later than ten days after a JFS 07038 has been signed and notarized at the CSEA, the CSEA shall send the JFS 07038 to the CPR. The CSEA shall attach a JFS 07039, "CSEA Transmittal Log" (12/2006), to the JFS 07038.

(3) When the CSEA knows a man is presumed to be the father of a child and that a man other than the presumed father signed the JFS 07038 with respect to the child, the CSEA shall not notarize the JFS 07038 or send the JFS 07038 to the central paternity registry (CPR).

(B) A JFS 07038 may be filed, in person or by mail, with the CPR by any of the following:

(1) The natural mother, the man acknowledging that he is the natural father, or the other custodian or guardian of a child in accordance with section 3111.23 of the Revised Code;

(2) A local registrar of vital statistics pursuant to section 3705.091 of the Revised Code; or

(3) A hospital staff person pursuant to section 3727.17 of the Revised Code.

(C) The CSEA shall not initiate action to overturn or withdraw a JFS 07038 that has been filed with the CPR when a man presumed to be the father of a child was not the man who signed the JFS 07038. When one of the parties brings an action to rescind the JFS 07038, the CSEA shall proceed as described in rule 5101:12-40-17 of the Administrative Code.

(D) In accordance with section 3111.25 of the Revised Code, a JFS 07038 is final and enforceable without ratification by a court when the JFS 07038 has been filed with the CPR, the information on the JFS 07038 has been entered in the birth registry, and the JFS 07038 has not been rescinded and is not subject to rescission as described in paragraph (A)(1) of rule 5101:12-40-17 of the Administrative Code.

In accordance with section 3111.81 of the Revised Code, a JFS 07038 that has not become final shall be considered final as of the date of the issuance of an administrative support order when a request is made for an administrative support order and neither party to the administrative order raised the issue of the existence or non-existence of a father and child relationship.

(E) When the JFS 07038 becomes final and enforceable, the man who signed the JFS 07038 assumes the parental duty of support.

Replaces: 5101:12-40-15

Effective: 12/15/2006
R.C. 119.032 review dates: 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 3111.35 , 3125.25
Rule Amplifies: 3111.22 , 3111.25 , 3125.03
Prior Effective Dates: 7/15/92, 9/1/93, 6/21/96, 1/1/98, 8/1/98, 12/1/01, 9/1/05