Disavowing Parental Rights of Sex Offenders

  Ohio Representatives Nickie Antonio and Kirk Schuring, and 21 co-sponsors,  have introduced a bill in the Ohio House that would provide substantially that “the father declared to be the parent of a child conceived as a result of rape or sexual battery pursuant to section 3109.501 of the Revised Code, or a relative of the father, shall not inherit the real property, personal property, or inheritance of the child or the child's lineal descendants as provided under Section 2105.06 of the Revised Code."

  The bill also contains the following provisions:

•   Sec. 3107.07. Consent to adoption is not required of any of ….  (M) The father of a minor declared, with respect to the minor, to be the parent of a child conceived as a result of rape or sexual battery pursuant to an action brought under section 3109.501 of the Revised Code.

•  Sec. 3109.501. (A) The mother of a child alleging that the child was conceived as a result of rape or sexual battery may bring an action to declare the father to be the parent of a child conceived as a result of rape or sexual battery.
        (B) A court shall issue an order declaring that the father is the parent of a child conceived as a result of rape or sexual battery if the mother proves the following by a preponderance of the evidence:

(1) The father was convicted of or pleaded guilty to the rape or sexual battery.
(2) The mother 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 the mother and father are established pursuant to genetic testing or as provided in
Chapter 3111. of the Revised Code to be the child's parents.

• Sec. 3109.502. In an action under section 3109.501 of the Revised Code, the mother may meet the requirements of division (B)(1) of that section by clear and convincing evidence that the father committed the rape or sexual battery that is the basis of the action even if the father was not convicted of or did not plead guilty to, the violation.

• Sec. 3109.503. A mother to whom the following apply may seek a declaration described in section 3109.501 of the Revised Code pursuant to a proceeding for divorce, dissolution, legal separation, or annulment:

 (A) She is the victim of a rape or sexual battery for which a child was conceived as a result.
 (B) She is married to the father who was convicted of, or pleaded guilty to, the rape or sexual   battery.

•   Sec. 3109.504. A court that issues an order declaring a father to be the parent of a child conceived as a result of rape or sexual battery under section 3109.501 of the Revised Code shall notify any court that has issued an order granting parental rights with respect to such child to the father.

• Sec. 3109.505. (A) No court shall issue an order granting parental rights with respect to a child to a father declared, regarding that child, to be the parent of a child conceived as a result of rape or sexual battery in an action or proceeding under section 3109.501, 3109.503, or 3109.506 of the Revised Code.
(B) On receipt of a notice under section 3109.504 of the Revised Code, a court that has issued an ordergranting parental rights regarding the father and child addressed in the notice shall terminate the order.

• Sec. 3109.506. Any action described d in section 3109.501 of the Revised Code may be consolidated with any action or proceeding for parental rights regarding a child conceived as a result of rape or sexual battery.

• Sec. 3109.507. A relative of a father whose parental rights with the father's child have been terminated, denied, or limited pursuant to sections 3109.50 to 3109.506 of the Revised Code may be granted only those rights consented to by the mother of the child.

Text of Complete Bill