After an acknowledgment becomes final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code, a man presumed to be the father of the child pursuant to section 3111.03 of the Revised Code who did not sign the acknowledgment, either person who signed the acknowledgment, or a guardian or legal custodian of the child may bring an action to rescind the acknowledgment on the basis of fraud, duress, or material mistake of fact. The court shall treat the action as an action to determine the existence or nonexistence of a parent and child relationship pursuant to sections 3111.01 to 3111.18 of the Revised Code. An action pursuant to this section shall be brought no later than one year after the acknowledgment becomes final. The action may be brought in one of the following courts in the county in which the child, the guardian or custodian of the child, or either person who signed the acknowledgment resides: the juvenile court or the domestic relations division of the court of common pleas that has jurisdiction pursuant to section 2101.022 or 2301.03 of the Revised Code to hear and determine cases arising under Chapter 3111. of the Revised Code.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1995–2026 · leading case: McKinzie v. Fry, 2022 Ohio 2292 (Ohio Ct. App. 2022).
McKinzie v. Fry, 2022 Ohio 2292 (Ohio Ct. App. 2022). · cites it 12ד27, the rescission period is 60 days, and under R.C. 3111.28, the period for bringing an action to rescind an acknowledgment of paternity based on fraud, duress, or material mistake of fact is one year.”
Cuyahoga Cnty. Support Enf't Agency v. Lozada, 657 N.E.2d 372 (Ohio Ct. App. 1995). “See R.C. 3111.28 and 3113.06. After the payment of support is made by the parent/obligee, the CSEA disburses the proper amount of support to the child.”
State ex rel. Walton v. Williams (Slip Opinion), 2016 Ohio 1054 (Ohio 2016). “{¶ 2} Walton asserts that the ultimate issue in his prohibition action is whether a juvenile court patently and unambiguously lacks jurisdiction to consider the validity of an acknowledgement-of-paternity affidavit, except in a rescission action under R.C. 3111.28. However, we…”
State ex rel. C.W. v. Boros, 2019 Ohio 4388 (Ohio Ct. App. 2019). · cites it 2דR.C. 3111.28. A man presumed to be the father pursuant to R.”
In re Guardianship of Elliot, 2010 Ohio 5405 (Ohio Ct. App. 2010). · cites it 3דConsequently, courts have held that a formal acknowledgement of paternity, once final and enforceable, cannot be rebutted—even by the results of genetic testing—unless rescinded pursuant to R.C. 3111.28. See Galan v. Holbert, Greene App.”
In re Z.M., 2019 Ohio 1192 (Ohio Ct. App. 2019). · cites it 3דAfter the acknowledgment of paternity becomes final, the acknowledgment may be rescinded pursuant to R.C. 3111.28 on the basis of fraud, duress, or material mistake of fact.”
In re A.L., 2014 Ohio 46 (Ohio Ct. App. 2014). “See R.C. 3111.28. However, this does not mean that an original determination lacks determinative effect or that paternity must be established in registration proceedings by “clear and convincing evidence.”
Keathley v. Keathley, 2016 Ohio 5296 (Ohio Ct. App. 2016). “Sarah's attorney opposed granting the motion, arguing that Joseph had neither rescinded the APA under R.C. 3111.28 nor filed a motion under Civ.”
Hall v. Hall, 2017 Ohio 447 (Ohio Ct. App. 2017). · cites it 4דAfter the acknowledgment of paternity becomes final, the acknowledgment may be rescinded pursuant to R.C. 3111.28 on the basis of fraud, duress, or material mistake of fact.”
Wilson v. Montgomery, 2026 Ohio 1434 (Ohio Ct. App. 2026). · cites it 4דAfter the acknowledgment of paternity becomes final, the acknowledgment may be rescinded pursuant to R.C. 3111.28 on the basis of fraud, duress, or material mistake of fact.”
In re B.M., 2026 Ohio 264 (Ohio Ct. App. 2026). “There is no dispute that the affidavit was never rescinded nor had any action been commenced under R.C. 3111.28 to rescind the acknowledgment.”
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