TN 29 (10-05)

GN 00306.595 Ohio Intestacy Laws

A. Under Ohio law, a child can inherit from his/her mother regardless of the marital status of parents upon proof of her having given birth to the child.

B. A parent-child relationship may be established between an out-of-wedlock child and a natural father on the basis of a court order finding such a relationship, or on the basis of an administrative order by a child support enforcement agency finding such a relationship, if that administrative order was not challenged in court within thirty days after it was issued, or as follows:

1. the father later marries the mother and acknowledges the child as his; or

2. (I) the father provides for the child in his will; or

3. (I) effective 10/01/53, the father files a properly executed declaration of heirship with the probate judge of the county in accordance with section 2105.15 of the revised Ohio Code; or

4. (I) effective 10/14/53, the father acknowledges the child in probate court, with consent of the mother, in accordance with section 2105.18 of the revised Ohio Code (not effective after 12/31/97); or

5. effective 03/22/01, the father has filed an acknowledgment of paternity that has become final under former section 3111.211, or former section 5101.314, or section 2151.232, or section 3111.25 of the Revised Code, unless the acknowledgment is rescinded under section 3111.28 or 3119.962 of the Revised Code; or

6. effective 06/29/82, paternity is established pursuant to the Ohio Parentage Act (see C. below).

C. Under the Ohio Parentage Act, paternity is presumed in 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 within 300 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; or

2. the man and the child's mother attempted before the child's birth to marry each other by a marriage that was solemnized in apparent compliance with the law of the State in which the marriage took place, the marriage is or could be declared invalid, and either of the following apply:

a. the marriage can only be declared invalid by a court and the child is born during the marriage or within 300 days after the termination of the marriage by death, annulment, divorce, or dissolution; or

b. the attempted marriage is invalid without a court order and the child is born within 300 days after the termination of cohabitation; or

3. prior to 03/22/01, the man and the child's mother, after the child's birth, married or attempted to marry each other by a marriage solemnized in apparent compliance with the law of the State in which the marriage took place, and any of the following occur:

a. the man has acknowledged his paternity of the child in a writing sworn to before a notary public; or

b. the man, with his consent, is named as the child's father on the child's birth certificate (not effective after 12/31/97); or

c. the man is required to support the child by a written voluntary promise or by a court order; or

4. the man signs the child's birth certificate as an informant as provided in section 3705.09 of the revised Ohio code (not effective after 12/31/97); or

5. effective 01/01/98 through 03/21/01, an acknowledgment of paternity filed with the Division of Child Support in the Department of Job and Family Services becomes final pursuant to section 2151.232, 3111.211, or 5101.314 of the Revised Code; or

6. effective 03/22/01, an acknowledgment of paternity has been filed pursuant to section 3111.23 or former section 5101.312 of the Revised Code, but the acknowledgment has not become final; or

7. On or after 01/01/98, and before 03/22/01:

a. (1) a court or administrative body ordered genetic tests to be conducted; or (2) the natural mother and the alleged natural father voluntarily signed an agreement to genetic testing and filed that agreement with a child support enforcement agency; and

b. the genetic test results indicate a probability of 99% or greater that the man is the biological father of the child.

8. Before 01/01/98:

a. (1) a court or administrative body ordered genetic tests to be conducted; or (2) the natural mother and the alleged natural father voluntarily signed an agreement to genetic testing and filed that agreement with a child support enforcement agency; and

b. the genetic test results indicate a probability of 95% or greater that the man is the biological father of the child.

The presumptions set forth in sections 1. – 4, and sections 6. – 8. above may only be rebutted by clear and convincing evidence that includes the results of genetic testing, except that if under sections 1. and 2. above, if a married woman is the subject of a non-spousal artificial insemination and if her husband consented to the artificial insemination, the presumption of paternity may not be rebutted. If two or more conflicting presumptions arise under this section, the fact-finder shall determine, based upon logic and policy considerations, which presumption controls. For those sections identified above that are no longer effective, if the presumption arose prior to the date the presumption was no longer effective, it remains effective unless rebutted.

A presumption that arose under section 5. above may be rebutted only as was provided in section 5101.314(B)(2) of the Ohio Code. Section 5101.314(B)(2) provided that, no later than one year after the acknowledgment became final, an action could be brought to rescind the acknowledgment based on fraud, duress, or material mistake of fact.

Notwithstanding sections 6 and 7. and 8. above, a final and enforceable order issued by a court or a child support enforcement agency finding that the alleged father is or is not the father of the child based on genetic test results is not a presumption but is controlling.

D. Under the Ohio Parentage Act, the SSA adjudicator may consider other facts to determine whether a parent-child relationship has been established. After a putative father's death, paternity may be established by clear and convincing evidence. Clear and convincing evidence requires more certainty on the part of the fact-finder than a “preponderance of the evidence” standard (more than 50%), but less certainty than the “beyond a reasonable doubt” standard. During a putative father's life, paternity is established by a preponderance of the evidence. Evidence relating to paternity may include:

1. evidence of sexual intercourse between the mother and the alleged father at any possible time of conception; or

2. an expert's opinion concerning the statistical probability of the alleged father's paternity, which opinion is based upon the duration of the mother's pregnancy; or

3. genetic test results, weighed in accordance with evidence, if available, of the statistical probability of the alleged father's paternity; or

4. medical evidence relating to the alleged father's paternity of the child based on tests performed by experts; or

5. all other evidence that is relevant to the issue of paternity of the child.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306595
GN 00306.595 - Ohio Intestacy Laws - 10/13/2005
Batch run: 01/27/2009
Rev:10/13/2005