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?
01/11/2017 |
Category: Criminal ยป Sex Offfender |
State: Ohio |
#29904
Answer:
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.
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