How do I establish paternity in Ohio?
Ohio paternity law is codified in R.C. Chapter 3111.
1. Acknowledgment of Paternity Affidavit
Form JFS 07038 is signed by both parents at the hospital or later at any local CSEA or county registrar and filed with the Office of Child Support's Central Paternity Registry. Under R.C. § 3111.25 the acknowledgment "becomes final and enforceable without ratification by a court" once it has been on file with the Registry for 60 days. Either signatory may rescind within 60 days under R.C. § 3111.27. After that, challenges are limited to fraud, duress, or material mistake of fact and must be brought within 1 year after the acknowledgment becomes final (R.C. § 3111.28).
2. Court-Ordered Paternity
An action to determine parent-child relationship may be filed by the mother, alleged father, child (by guardian), or CSEA in the juvenile court of the county where the child or alleged father resides (R.C. § 3111.04, § 3111.06). Under R.C. § 3111.09 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on motion; results of 99% or greater create a rebuttable presumption (R.C. § 3111.03(A)(5)).
3. Presumption of Paternity
Under R.C. § 3111.03 a man is presumed the father if married to the mother at birth, married within 300 days before birth, or if an acknowledgment has become final. The marital presumption may be rebutted by clear and convincing evidence in a parentage action; genetic testing is dispositive.
4. Effects of Establishing Paternity
Triggers child-support liability under R.C. Ch. 3119 guidelines, opens allocation of parental rights under R.C. § 3109.04 (jurisdiction with the juvenile court until a domestic-relations decree applies), creates intestate inheritance under R.C. § 2105.06 / § 2105.18, and supports birth-certificate amendment via ODH Vital Statistics (HEA 2757).
5. Special Situations
Same-sex spouses are presumed parents post-Obergefell. Donors under written agreements are not parents (R.C. § 3111.95). Ohio has no statutory surrogacy framework but courts routinely issue parentage orders. Posthumous paternity is recognized.
This is legal information, not legal advice.
- Rescission action filed after the 1-year final-acknowledgment window of § 3111.28
- Same-sex spousal presumption disputed by a biological father
- Multi-county juvenile-court jurisdiction issue tied to a paternity petition
- Ohio Rev. Code § 3111.03
- Ohio Rev. Code § 3111.04
- Ohio Rev. Code § 3111.09
- Ohio Rev. Code § 3111.25
- Ohio Rev. Code § 3111.28
- 42 U.S.C. § 666(a)(5)(B)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.