We, the undersigned citizens of Ohio, hereby petition Hon. David Yost, the Ohio Attorney General, to present the proposed Paternity Fraud Law to the Ohio Ballot Board for consideration. This law addresses a pressing issue that affects the lives of countless individuals and families in our state, and we believe that it must be given due consideration and brought before the public for a vote.

Paternity fraud is a deceitful practice that undermines the integrity of familial relationships and inflicts significant emotional and financial harm on innocent victims. By criminalizing this deceptive behavior and imposing stringent penalties on offenders, the proposed law seeks to deter future instances of paternity fraud and ensure justice for those who have been wronged.

The provisions outlined in the proposed law are comprehensive, covering aspects such as the willful misrepresentation of the biological father's identity, the classification of paternity fraud as a felony offense, and the imposition of mandatory minimum sentences for offenders. Additionally, the law includes provisions for restitution to victims and safeguards their rights to pursue civil remedies against perpetrators.

We firmly believe that the proposed Paternity Fraud Law aligns with the principles of justice, fairness, and accountability that form the foundation of our legal system. By presenting this law to the Ohio Ballot Board, you have the opportunity to give the citizens of Ohio a voice in addressing this critical issue and enacting meaningful change to protect the rights and well-being of individuals and families across our state.

Therefore, we urge you to act swiftly and decisively in presenting the proposed Paternity Fraud Law to the Ohio Ballot Board for consideration. Let us come together as a community to stand up against deceit and injustice and ensure that our laws reflect our commitment to truth, integrity, and fairness.

IN WITNESS WHEREOF, we have affixed our signatures hereunto:

The text of the Proposed Paternity Fraud Statute:

"Ohio Revised Code: Section [NEW SECTION] - Paternity Fraud

(A) No person shall willfully misrepresent the identity of the biological father of a child on the birth certificate, or any other official or court document, with the intent to deceive the presumed or putative father regarding the Paternity of said child, or to conceal the birth of the child from the biological father, or to obtain Child Support, Health Insurance, or other benefits at the expense of the presumed father, putative father, or biological father.

(B)(1) Whoever violates division (A) of this section shall be guilty of Paternity Fraud. Except as otherwise provided in division (B) of this section, Paternity Fraud is a felony of the second degree.

(2) Each birth certificate, or any other official or court document, falsified to misrepresent the identity of the biological father shall be treated as a separate offense.

(3) The offender shall serve a mandatory term of not less than five (5) years imprisonment for each separate violation of this section and shall run consecutively to each other and consecutively to any other sentence imposed on the offender.

(4) Except as otherwise provided in division (B)(6) of this section, whoever violates this section shall not be eligible for early release, parole, probation, sentencing credit, or any other form of supervised release.

(5) Whoever violates this section shall not be eligible to plead to a lesser offense.

6)(a)Whoever violates this section shall be eligible only for time served in jail while awaiting trial unless the offender is currently incarcerated for other offenses, in which case the offender shall not be eligible for jail time credit for violation of this section.

(b) The penalties in division (B)(6)(a) of this section shall not bar any offender from receiving jail time credit for violating any other section of the Ohio Revised Code so long as they are eligible under the sentencing guidelines.

(7) In addition to the penalties described in this section, if the offender received Child Support payments from the victim, the court shall order the offender to pay restitution to the victim for the full amount the victim paid to the offender in Child Support payments. If the offender received benefits from the State or any of its agencies, or from any other source as a result of their violation of this section, the court shall order the offender to pay restitution to the source of those benefits.

(C)(1) It shall not be considered a defense to Paternity Fraud that the husband is presumed to be the biological father of the child.

(2)(a) It shall be considered a valid defense to Paternity Fraud if the victim legally adopted the child, provided that such adoption was done in good faith.

(b) If the offender willfully concealed the birth of the child from the biological father, the defense in division (C)(2)(a) shall be unavailable.

(3) It shall not be considered a defense to Paternity Fraud that the husband, presumed father, or putative father did not suffer any financial loss.

(4) It shall not be considered a defense to Paternity Fraud that the biological mother erroneously attributes paternity to a man other than the biological father due to her extramarital relationships.

(5) It shall not be a defense to Paternity Fraud that the biological father was absent during the pregnancy of the biological mother, or after the birth of the child.

(6) It shall not be considered a defense to Paternity Fraud that the Child was born outside the boundaries of the State of Ohio and that Paternity Fraud is not a crime in that jurisdiction.

(7) It shall not be considered a defense to Paternity Fraud that the biological mother has filed or has been granted a protection order against the biological father.

(D) No person shall be prosecuted for Paternity Fraud if the child was legally adopted as provided in division (C)(2) of this section.

(E) Whoever violates this section shall be prosecuted at any time and prosecution for violation of this section shall not be limited or otherwise barred by any statute of limitations.

(F) The Department of Rehabilitation and Corrections shall implement policies to properly enforce this section.

(G) Any statute or provision in conflict with this section shall be superseded.

(H) This statute shall not bar the victim of Paternity Fraud from seeking civil remedies against the offender.

(I) As used in this section:

(1) “Biological Father” means a male who has contributed his genetic material to the conception of a child.

(2) “Biological Mother” means a female who has conceived, carried, and given birth to a child, absent a surrogacy agreement.

(3) “Female” means an individual whose biological characteristics include the presence of two X chromosomes and the natural development of reproductive anatomy typically associated with an individual who was born with XX sex chromosomes, regardless of gender identity or self-identification.

(4) “Husband” means a male human who is married to the biological mother of the child.

(5) “Male” means an individual whose biological characteristics include the presence of one X and one Y chromosome, and the natural development of reproductive anatomy typically associated with an individual who was born with XY sex chromosomes, regardless of gender identity or self-identification.

(6) “Paternity” means the legal acknowledgment or establishment of a male individual as the father of a child.

(7) “Presumed Father” means a male determined to be the father of the child when the provisions of Section 3111.03(A) have been met.

(8) “Putative Father” means a male believed to be a child’s father or claims to be the child’s biological father but not legally confirmed through medical testing or by law and is not married to the mother before or at the time of the child’s birth."