Ohio Admin. Code 5101:12-40-20.2 - Agreement to modify the child's surname
(A) This rule describes the process that
shall be followed when the child support enforcement agency (CSEA) changes the
child's surname as part of the administrative order. This process shall be
followed by a mother and alleged father when they agree to change the surname
of a child if genetic testing shows a ninety-nine per cent or greater
probability that the alleged father is the father of the child.
(B) When the JFS 07754, "Notice of Request
for Paternity Determination and Order to Appear for Genetic Tests" (effective
or revised effective date as identified in rule
5101:12-40-99
of the Administrative Code) is issued to the parties they are advised that they
may request the JFS 04070, "Addendum to the Administrative Order to Modify the
Birth Record - Child's
Child Surname" (effective or revised effective
date as identified in rule
5101:12-40-99
of the Administrative Code) from the CSEA if they are in agreement to change
the child's surname. The natural mother and presumed or alleged father shall
complete the JFS 04070 to agree to change the surname of the child.
(C) By completing the JFS 04070, the mother
and presumed or alleged father indicate their agreement to change the child's
surname only if the CSEA orders that a father and child relationship exists
between the man and the child, in accordance with rule 5101:12-40-20.3 of the
Administrative Code. The JFS 04070 shall be submitted to the CSEA on or before
the date the genetic test results were received by the CSEA. When the parties
submit the JFS 04070 to the CSEA, the change will be included in the
administrative order only if the alleged father is determined to be the father
of the child.
(D) The JFS 04070 is
not an acknowledgment of paternity by either party and may not be construed as
such in any subsequent action.
(E)
The JFS 04070 is considered to be complete when:
(1) It is an original JFS 04070 signed by
both parties;
(2) All requested
information has been provided and is legible;
(3) There are no alterations to the
information provided;
(4)
Signatures and any handwritten information is in dark blue or black ink;
and
(5) Both parents' signatures
are properly notarized.
(F) The CSEA shall reject a JFS 04070 if it
is incomplete or if the CSEA believes the JFS 04070 is fraudulent.
(G) When the CSEA issues a JFS 07771, "CSEA
Administrative Order Non-existence of Father and Child Relationship" (effective
or revised effective date as identified in rule
5101:12-40-99
of the Administrative Code), or JFS 07773, "CSEA Administrative Order Paternity
Finding Inconclusive" (effective or revised effective date as identified in
rule
5101:12-40-99
of the Administrative Code), the JFS 04070 is null and void.
Notes
Promulgated Under: 119.03
Statutory Authority: 3111.34, 3125.25
Rule Amplifies: 3111.30, 3111.52, 3111.58, 3705.09
Prior Effective Dates: 07/15/1992, 09/01/1993, 06/21/1996, 01/01/1998, 08/01/1998, 12/01/2001, 09/01/2005, 12/15/2006, 05/01/2014, 11/15/2019
Promulgated Under: 119.03
Statutory Authority: 3111.34, 3125.25
Rule Amplifies: 3111.30, 3111.52, 3111.58, 3705.09
Prior Effective Dates: 07/15/1992, 09/01/1993, 06/21/1996, 01/01/1998, 08/01/1998, 12/01/2001, 09/01/2005, 12/15/2006, 05/01/2014
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