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:
- State: Ohio
Answer:
The parent and child relationship refers to the legal connection between a child and their natural or adoptive parents. In Ohio, if a man claims to be the father of a child conceived through rape, he is not entitled to file an action to establish paternity if he has been convicted of rape and the victim is the child's mother.
According to Ohio Revised Code (ORC) Ann. 3111.01, the parent and child relationship includes both mother and child, and father and child, regardless of the parents' marital status. However, ORC Ann. 3111.04 states that a man cannot file an action to determine paternity if he has been convicted of or pleaded guilty to rape or sexual battery, and the victim of that crime is the child's mother, with the child conceived as a result of the crime.
Therefore, your rapist is not entitled to file an action for determining the father and child relationship under these circumstances (ORC Ann. 3111.04(A)(2)).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.