Ohio Code 2305.118 – Action for an assisted reproduction procedure performed without consent
(A) As used in this section “health care professional” has the same meaning as in section 2907.13 of the Revised Code.
Terms Used In Ohio Code 2305.118
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Plaintiff: The person who files the complaint in a civil lawsuit.
(B) Except as provided in division (C) of this section, an action under section 4731.861 or 4731.864 of the Revised Code for an assisted reproduction procedure performed without consent shall be brought within ten years after the procedure was performed.
(C)(1) An action that would otherwise be barred under division (B) of this section, may be brought not later than five years after the latest any of the following occurs:
(a) The discovery of evidence based on deoxyribonucleic acid analysis sufficient to bring the action against the health care professional.
(b) The discovery of a recording providing evidence sufficient to bring the action against the health care professional.
(c) The health care professional confesses and the confession is known to the plaintiff.
(2) If a person born as a result of an assisted reproduction procedure discovers any of the evidence listed in division (C)(1) of this section before the person reaches the age of twenty-one, the five-year period does not begin to run until the person reaches the age of twenty-one.
Last updated March 9, 2023 at 5:11 PM