Legal Information: Ohio

Custody

Updated: 
January 12, 2021

If my child was conceived from rape, can the offender's rights be terminated?

If the offender was criminally convicted of, or pleaded guilty to, an act of rape or sexual battery that resulted in your child being conceived, you can bring a case in court to ask the judge to issue an order declaring that the offender is “the parent of a child conceived as a result of rape or sexual battery.”1 Once this is established, a judge cannot issue an order granting parental rights to the offender. This is true for female and male offenders.2 If an order granting parental rights was already issued, the judge must end (“terminate”) that order.3

Note: Termination of any parental rights order does not affect any child support payments that were already legally owed to you by that parent.4 Furthermore, any relatives of the offender can only be granted any custody/visitation rights if you agree.5

1 Ohio Rev. Code § 3109.501
2 Ohio Rev. Code § 3109.042
3 Ohio Rev. Code § 3109.504
4 See Ohio Rev. Code § 3109.507(B)
5 Ohio Rev. Code § 3109.506

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