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I conceived because of rape. How can i bring an action against the father of this child?

I conceived because of rape. How can i bring an action against the father of this child?

Full question:

I live in Ohio. I conceived a child as a result of rape. I would like to bring an action against the person who is guilty of rape to be the parent of my child. What is the law for the same?

Category: Criminal
Subcategory: Sex Offfender
Date: 04/07/2025
State: Ohio

Answer:

In Ohio, a person who is a victim of rape, and as a result conceived a child may bring an action to declare the rape convict to be the parent of the child thus conceived. The court may issue an order declaring that the convict shall be the parent upon clear and convincing evidence.

Per ORC Ann. §3109.0501:

“(A) Except as provided in division (C) and subject to division (D) of this section, a person who is the victim of rape or sexual battery for which a child was conceived as a result may bring an action to declare the person who was convicted of or pleaded guilty to the offense to be the parent of the child conceived as a result of rape or sexual battery committed by the other person.
(B) In an action seeking a declaration described in division (A) of this section, a court may issue an order declaring that the other person is the parent of a child conceived as a result of rape or sexual battery committed by the other person if all of the following are established by clear and convincing evidence:
     (1) The other person was convicted of or pleaded guilty to the rape or sexual battery.
     (2) The person bringing the action was the victim of the rape or sexual battery.
     (3) The child was conceived as a result of the rape or sexual battery
     (4) Both persons are the parents of the child established pursuant to genetic testing conducted in different places or at different times or as provided in Chapter 3111. of the Revised Code.
***”

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.

FAQs

What rights does a non-custodial parent have in Ohio?

In Ohio, a non-custodial parent has the right to visitation unless restricted by a court order. They also have the right to receive information about their child's education and health. However, they do not have the right to make major decisions regarding the child's upbringing, which is typically reserved for the custodial parent. Non-custodial parents are also responsible for child support payments as determined by the court. *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.*

Can a father take a child away from the mother in Ohio?

In Ohio, a father cannot unilaterally take a child away from the mother without a court order granting him custody or visitation rights. If there is no custody agreement, both parents share legal rights to the child. Any action to take a child from the mother could be considered parental kidnapping. It is essential to seek legal advice and follow the proper legal channels to establish custody or visitation rights. *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.*

What are residual parental rights in Ohio?

Residual parental rights in Ohio refer to the rights that a parent retains after their parental rights have been limited or terminated. These rights may include the right to communicate with the child, the right to receive notice of certain legal proceedings, and the right to consent to adoption. However, these rights can be significantly restricted depending on the circumstances surrounding the termination of parental rights. It is important to consult with a legal professional for specific guidance. *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.*

What rights do non-custodial parents have in Ohio?

Non-custodial parents in Ohio have the right to visitation and to be informed about their child's welfare, including education and health matters. They can participate in decision-making regarding the child's upbringing, but this is usually limited compared to custodial parents. Non-custodial parents are also obligated to pay child support as established by the court. It's crucial for non-custodial parents to understand their rights and responsibilities under Ohio law. *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.*

What are the grounds for parental rights termination in Ohio?

In Ohio, parental rights can be terminated for several reasons, including abandonment, neglect, or abuse of the child. Other grounds include a parent's failure to provide support or maintain contact with the child for an extended period. Additionally, if a parent is convicted of certain crimes, such as rape or child endangerment, this can also lead to termination of parental rights. Each case is evaluated individually in court. *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.*

Do rapists have parental rights in Ohio?

In Ohio, a rapist can lose parental rights if they are convicted of rape or if the court finds that it is in the best interest of the child to terminate those rights. The law allows victims of rape who conceive a child as a result to seek legal action to declare the rapist as the child's parent, but this can also lead to the loss of parental rights for the rapist under certain conditions. Legal proceedings can be complex, so consulting an attorney is advisable. *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.*