Ohio legal grounds and court practice
According to Ohio legislation,
3111.01 Parent and child relationship defined.
(A) As used in sections 3111.01 to 3111.85 of the Revised Code, “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.
3111.03 Presumption of paternity.
(A) A man is presumed to be the natural father of a child under any of the following circumstances:
1) The man and the child’s mother are or have been married to each other, and the child is born during the marriage or is born within three hundred days after the marriage is terminated by death, annulment, divorce, or dissolution or after the man and the child’s mother separate pursuant to a separation agreement.
(3) An acknowledgment of paternity has been filed pursuant to section 3111.23 or former section 5101.314 of the Revised Code and has not become final under former section 3111.211 or 5101.314 or section 2151.232, 3111.25, or 3111.821 of the Revised Code.
(B) A presumption that arises under this section can only be rebutted by clear and convincing evidence that includes the results of genetic testing,
except that a presumption that is conclusive as provided in division (A) of section 3111.95 or division (B) of section 3111.97 of the Revised Code cannot be rebutted. An acknowledgment of paternity that becomes final under section 2151.232, 3111.25, or 3111.821 of the Revised Code is not a presumption and shall be considered a final and enforceable determination of paternity unless the acknowledgment is rescinded under section 3111.28 or 3119.962 of the Revised Code. If two or more conflicting presumptions arise under this section, the court shall determine, based upon logic and policy considerations, which presumption controls.
3111.04 Standing to bring paternity action.
A) 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…
3111.05 Statute of limitations.
An action to determine the existence or nonexistence of the father and child relationship may not be brought not later than five years after the child reaches the age of eighteen.
Neither section 3111.04 of the Revised Code nor this section extends the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by Chapter 2105., 2107., 2113., 2117., or 2123. Of the Revised Code.
An acknowledgment of paternity is final and enforceable without ratification by a court when the acknowledgment has been filed with the office of child support, the information on the acknowledgment has been entered in the birth registry, and the acknowledgment has not been rescinded and is not subject to possible recission pursuant to section 3111.27 of the Revised Code.
The most important Ohio cases:
Merkel v. Doe, 635 N.E.2d 70 (Ohio Ct. C. Pl. 1993)
Patrick T. V. Michelle L., Ohio Ct. App. 2000
Lorence v. Goeller, 2002-Ohio-948
Lorence v. Goeller, 2005-Ohio-2678/The Court of Appeals of Ohio affirmed the trial court’s decision that custody may not be awarded to a non-parent, a man led to believe he was the biological father, without first making a finding of parental unsuitability of the true birth father/.
Goeller v. Lorence, 2006-Ohio-5807/A former,disestablished legal father who resided with a child for the first eleven years of child’s life may not seek custody, he may seek visitation only/
Conclusion-the parent-child relationship is determined by blood ties only..