Can rapist file an action for determining the existence of the father and child relationship in Ohio?

Full question:

I have recently delivered a baby girl and this baby is a result of rape. Now the person, who had raped me, is claiming the paternity of the newborn child. Is my rapist entitled to file an action for determining the existence of the father and child relationship under the law prevailing in Ohio?

• Category: Paternity
• Date: 04/07/2025
• State: Ohio

Answer:

Parent and child relationship implies the relationship that exists between a child and the child’s natural father. However, if a person, who is alleging himself to be the father of the child, was convicted of a rape and the victim of rape is the mother of the child, then such a person is not entitled to file an action for determining the existence of the father and child relationship. The relevant statutory provisions in this context are stated below.
 
ORC Ann. 3111.01 reads:
“(A) . . . "parent and child relationship" means the legal relationship that exists between a child and the child's natural or adoptive parents and upon which those sections and any other provision of the Revised Code confer or impose rights, privileges, duties, and obligations. The "parent and child relationship" includes the mother and child relationship and the father and child relationship.
 
(B) The parent and child relationship extends equally to all children and all parents, regardless of the marital status of the parents.”
 
ORC Ann. 3111.04 reads:
“(A)  (1) Except as provided in division (A)(2) of this section, 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.
(2) A man alleged or alleging himself to be the child's father is not eligible to file an action under division (A)(1) of this section if the man was convicted of or pleaded guilty to rape or sexual battery, the victim of the rape or sexual battery was the child's mother, and the child was conceived as a result of the rape or sexual battery.”
The person (rapist) may not be entitled to file an action for determining the existence the father and child relationship per ORC Ann. 3111.04 (A)(2).