5101:12-40-27 Modifying the birth record.

(A) Modifying the birth record as a result of issuing an administrative order finding paternity or non-paternity.

(1) In accordance with sections 3111.58 and 3705.09 of the Revised Code, when the child support enforcement agency (CSEA) issues 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), the CSEA shall modify the father's name on the birth record by completing a JFS 07723, "Administrative Order to Modify the Birth Record" (12/2006). The CSEA shall attach the original JFS 07723 to the JFS 07774 or JFS 07771 and submit both documents to the central paternity registry (CPR). The CPR shall send the JFS 07774 or JFS 07771 and the original JFS 07723 to the Ohio department of health (ODH) to modify the father's name on the birth record.

(2) In accordance with section 3111.52 of the Revised Code, when the CSEA has issued a JFS 07774 and has documentation in the case record to substantiate that the mother and natural father have agreed to change the surname of the child, the CSEA shall include in the JFS 07723 an order to change the surname of the child. When the JFS 07723 includes an order to change the surname of the child, the CSEA shall issue a copy of the JFS 07723 to the mother and father of the child.

When the parties to the JFS 07774 did not agree to change the surname of the child, the CSEA shall indicate in the JFS 07723 that the parties did not agree to change the child's surname. The CSEA shall not assist the parties in changing the child's surname after the CSEA has issued a JFS 07723.

(3) The CSEA shall not file more than one JFS 07723 as a result of filing a JFS 07774 with the CPR. Therefore, when the CSEA does not file the JFS 07723 with the original JFS 07774 but, instead, files the JFS 07723 after the JFS 07774 has been filed with the CPR, the CSEA shall attach a copy of the JFS 07774 to the JFS 07723.

(B) Modifying the birth record as a result of filing an acknowledgment of paternity.

(1) In accordance with section 3111.30 of the Revised Code, when a JFS 07038, "Acknowledgment of Paternity Affidavit" (rev. 12/2006), becomes final, as described in paragraph

(D) of rule 5101:12-40-15 of the Administrative Code, the CPR shall send the JFS 07038 to the ODH to modify the father's name on the birth record.

(2) When both the mother and father agree to change the surname of a child subject to a JFS 07038, the parties will indicate the child's new surname on the JFS 07038.

(C) When the court has issued an order finding paternity or non-paternity, the CSEA shall not modify the birth record.

Replaces: 5101:12-40- 20.3

Effective: 12/15/2006
R.C. 119.032 review dates: 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 3111.34 , 3125.25
Rule Amplifies: 3111.30 , 3111.52 , 3111.58 , 3705.09
Prior Effective Dates: 7/15/92, 9/1/93, 6/21/96, 1/1/98, 8/1/98, 12/1/01, 9/1/05