Ohio § 3111.94

§ 3111.94.

(A) The physician who is associated with a non-spousal artificial insemination shall

place the written consent obtained pursuant to division (A)(1) of section 3111.93 of the Revised Code , information provided to the recipient and, if married, her husband pursuant to division

(A)(2) of that section, other information concerning the donor that the physician

possesses, and other matters concerning the artificial insemination in a file that

shall bear the name of the recipient.  This file shall be retained by the physician in the physician's office separate

from any regular medical chart of the recipient, and shall be confidential, except

as provided in divisions (B) and (C) of this section.  This file is not a public record under section 149.43 of the Revised Code . (B) The written consent form and information provided to the recipient and, if married,

her husband pursuant to division (A)(2) of section 3111.93 of the Revised Code shall be open to inspection only until the child born as the result of the non-spousal

artificial insemination is twenty-one years of age, and only to the recipient or,

if married, her husband upon request to the physician. (C) Information pertaining to the donor that was not provided to the recipient and, if

married, her husband pursuant to division (A)(2) of section 3111.93 of the Revised Code and that the physician possesses shall be kept in the file pertaining to the non-spousal

artificial insemination for at least five years from the date of the artificial insemination.  At the expiration of this period, the physician may destroy such information or

retain it in the file. The physician shall not make this information available for inspection by any person

during the five-year period or, if the physician retains the information after the

expiration of that period, at any other time, unless the following apply: (1) A child is born as a result of the artificial insemination, an action is filed by

the recipient, her husband if she is married, or a guardian of the child in the domestic

relations division or, if there is no domestic relations division, the general division

of the court of common pleas of the county in which the office of the physician is

located, the child is not twenty-one years of age or older, and the court pursuant

to division (C)(2) of this section issues an order authorizing the inspection of specified

types of information by the recipient, husband, or guardian; (2) Prior to issuing an order authorizing an inspection of information, the court shall

determine, by clear and convincing evidence, that the information that the recipient,

husband, or guardian wishes to inspect is necessary for or helpful in the medical

treatment of the child born as a result of the artificial insemination, and shall

determine which types of information in the file are germane to the medical treatment

and are to be made available for inspection by the recipient, husband, or guardian

in that regard.  An order only shall authorize the inspection of information germane to the medical

treatment of the child.