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Ohio Revised Code

Ohio Rev. Code § 3111.04 (2026)

Standing to bring paternity action

✓ current as of May 2026
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Effective:
March 21, 2025
Latest Legislation:
Senate Bill 109 - 135th General Assembly
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(A)(1) Except as provided in division (A)(2) of this section, 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 caretaker, 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 of the county in which the child resides if the child's mother, father, or alleged father is a recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative.

(2) A man alleged or alleging himself to be the child's father is not eligible to file an action under division (A)(1) of this section if the man was convicted of or pleaded guilty to rape or sexual battery, the victim of the rape or sexual battery was the child's mother, and the child was conceived as a result of the rape or sexual battery.

(B) An agreement does not bar an action under this section.

(C) If an action under this section is brought before the birth of the child and if the action is contested, all proceedings, except service of process and the taking of depositions to perpetuate testimony, may be stayed until after the birth.

(D) A recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, shall cooperate with the child support enforcement agency of the county in which a child resides to obtain an administrative determination pursuant to sections 3111.38 to 3111.54 of the Revised Code, or, if necessary, a court determination pursuant to sections 3111.01 to 3111.18 of the Revised Code, of the existence or nonexistence of a parent and child relationship between the father and the child. If the recipient fails to cooperate, the agency may commence an action to determine the existence or nonexistence of a parent and child relationship between the father and the child pursuant to sections 3111.01 to 3111.18 of the Revised Code.

(E) As used in this section:

(1) "Public assistance" means both of the following:

(a) Medicaid;

(b) Ohio works first under Chapter 5107. of the Revised Code.

(2) "Rape" means a violation of section 2907.02 of the Revised Code or similar law of another state.

(3) "Sexual battery" means a violation of section 2907.03 of the Revised Code if the sexual activity involved is sexual conduct, or similar law of another state.

Last updated January 29, 2025 at 3:04 PM

Notes of Decisions
Cited in 71 cases (11 in the last 5 years), 1959–2026 · leading case: State Ex Rel. Athens Cnty. Dep't of Human Servs. v. Wolf, 603 N.E.2d 252 (Ohio Ct. App. 1991).
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State Ex Rel. Athens Cnty. Dep't of Human Servs. v. Wolf, 603 N.E.2d 252 (Ohio Ct. App. 1991). · cites it 23× “07 should be read in pari materia with R.C. 3111.04 to allow the State to bring the parentage action.”
Carnes v. Kemp, 2004 Ohio 7107 (Ohio 2004). · cites it 4× “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.”
Gilbraith v. Hixson, 512 N.E.2d 956 (Ohio 1987). · cites it 4× “Under R.C. 3111.04(A), an “action to determine the existence or nonexistence of the father and child relationship” may be commenced by any one of several specified individuals, including “* * * a man alleged * * * to be the child’s father * * *.”
Brooks v. Fair, 532 N.E.2d 208 (Ohio Ct. App. 1988). · cites it 12× “” On December 4, 1985, Maxine amended her complaint and asked the court to determine the nonexistence of the parent and child relationship pursuant to R.C. 3111.04. On December 27, 1985, Kenneth filed a motion for leave of court to amend his answer.”
Park v. Ambrose, 619 N.E.2d 469 (Ohio Ct. App. 1993). · cites it 3× “*182 On December 7, 1989, more than twenty years after Rairdon’s birth, Park and Rairdon filed a complaint against appellant pursuant to R.C. 3111.04 in the Juvenile Division of the Ross County Common Pleas Court, requesting that the court determine parentage and impose child…”
Nelson v. Pleasant, 597 N.E.2d 1137 (Ohio Ct. App. 1991). · cites it 2× “First, she relies on the provisions of R.C. 3111.04(B) to the effect that “an agreement” does not bar a parentage action from being brought.”
Cuyahoga Cnty. Support Enf't Agency v. Lozada, 657 N.E.2d 372 (Ohio Ct. App. 1995). · cites it 4× “04 as it existed at that time. However, not allowing a child support enforcement agency to initiate a paternity determination falls short of the mandates of Section 654(6), Title 42, U.”
Powell v. Williams, 2022 Ohio 526 (Ohio Ct. App. 2022). · cites it 3× “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.”
B.W. v. D.b.-b., 953 N.E.2d 369 (Ohio Ct. App. 2011). · cites it 12× “” or “biological father”), first, pursuant to R.C. 3111.04(A) to establish the existence of a father-and-child relationship with G.”
Gatt v. Gedeon, 485 N.E.2d 1059 (Ohio Ct. App. 1984). · cites it 4× “Appellant’s basic contention is that the prior divorce decree granted by the domestic relations division is not res ad-judicata as to any action he may bring in the juvenile division under R.C. 3111.04 to determine the father-child relationship.”
Payne v. Cartee, 676 N.E.2d 946 (Ohio Ct. App. 1996). · cites it 2× “One effect of the modern *588 version of R.C. 3111.04 is to create a statutory cause of action for a child against the alleged father for maintenance and support.”
Hulett v. Hulett, 544 N.E.2d 257 (Ohio 1989). · cites it 3× “02 provides in relevant part that “* * * [t]he parent and child relationship between a child and the natural father of the child may be established pursuant to sections 3111.”
Show all 71 citing cases →
— Ohio Rev. Code § 3111.04(A) — 24 cases
B.W. v. D.b.-b., 953 N.E.2d 369 (Ohio Ct. App. 2011). “” or “biological father”), first, pursuant to R.C. 3111.04(A) to establish the existence of a father-and-child relationship with G.”
Bobo v. Jewell, 528 N.E.2d 180 (Ohio 1988).
Hulett v. Hulett, 544 N.E.2d 257 (Ohio 1989). “02 provides in relevant part that “* * * [t]he parent and child relationship between a child and the natural father of the child may be established pursuant to sections 3111.”
State ex rel. Furnas v. Monnin, 898 N.E.2d 573 (Ohio 2008).
Gilbraith v. Hixson, 512 N.E.2d 956 (Ohio 1987). “Under R.C. 3111.04(A), an “action to determine the existence or nonexistence of the father and child relationship” may be commenced by any one of several specified individuals, including “* * * a man alleged * * * to be the child’s father * * *.”
— Ohio Rev. Code § 3111.04(A)(1) — 5 cases
Powell v. Williams, 2022 Ohio 526 (Ohio Ct. App. 2022). “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.”
Chapman v. Chapman, 2015 Ohio 4833 (Ohio Ct. App. 2015).
State ex rel. C.W. v. Boros, 2019 Ohio 4388 (Ohio Ct. App. 2019).
In re Herrin, 2015 Ohio 5374 (Ohio Ct. App. 2015).
State v. Akers, 2016 Ohio 1373 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 3111.04(B) — 2 cases
Gilbraith v. Hixson, 512 N.E.2d 956 (Ohio 1987). “Under R.C. 3111.04(A), an “action to determine the existence or nonexistence of the father and child relationship” may be commenced by any one of several specified individuals, including “* * * a man alleged * * * to be the child’s father * * *.”
Nelson v. Pleasant, 597 N.E.2d 1137 (Ohio Ct. App. 1991). “First, she relies on the provisions of R.C. 3111.04(B) to the effect that “an agreement” does not bar a parentage action from being brought.”
— Ohio Rev. Code § 3111.04(C) — 2 cases
In re Adoption of H.P., 2022 Ohio 4369 (Ohio 2022).
In re Adoption of J.T.S., 2026 Ohio 951 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 3111.04(D) — 1 case
State Ex Rel. Dixon v. Clark Cnty. Court of Common Pleas, 660 N.E.2d 486 (Ohio Ct. App. 1995).
— Ohio Rev. Code § 3111.04(a) — 1 case
DeGrande v. Demby, 529 N.W.2d 340 (Minn. Ct. App. 1995).
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