Weinman v. Larsh

In Weinman v. Larsh (1983), 5 Ohio St.3d 85, 5 Ohio B. 138, 448 N.E.2d 1384, A husband discovered that the two children he had raised were actually the products of his wife's extra-marital affair. Weinman, at 86. The husband then filed a complaint demanding that the biological father, who had neglected to support his children, reimburse the husband for the necessaries he (the husband) had provided the two children. Id. The Supreme Court framed the issue in the case as follows: "Whether an action which alleges that a woman has conceived, during wedlock, an illegitimate child by a man other than her husband may be maintained by the husband in the court of common pleas as an action for past necessaries furnished, against the alleged natural father of such child." Id. In Weinman, the Supreme Court recognized that, by statute, an unmarried woman was permitted to maintain an action against a biological father for past necessaries furnished and for future support. Weinman, at 87, citing R.C. 3111.01 et seq. Prior to the Court's decision in Weinman, this statute had been extended to allow suits by married women against the biological fathers of their illegitimate children for past necessaries furnished, or for future support, or both. Id., citing Franklin v. Julian (1972), 30 Ohio St.2d 228, 283 N.E.2d 813. However, the Weinman Court noted that,"conspicuously absent from this line of precedent and the controlling statutes, including the 1982 amendments to R.C. Chapter 3111, is the authorization for a husband to maintain an action against the alleged biological father to obtain reimbursement for past necessaries furnished, along with establishing paternity. Our paramount concern in interpreting and expanding the relevant law was to insure that the welfare of the children involved was properly attended to. The present action does not attempt to advance this paramount concern, and thus we find it ill-advised to carve out another potential cause of action, as appellant proposes, which does not benefit or concern the interests of the children involved." Weinman, at 87.