In re Baby Boy Blackshear

Kimbrough presents us with a single proposition of law asking us to find that “[i]n enacting R.C. 2151.031, the Ohio General Assembly intended to exclude an unborn fetus from its definition of ‘child.’ ” The trial court herein apparently permitted Kimbrough to frame the issue in this way because in response to Kimbrough’s arguments, the trial court held that “[c]onsequently an unborn fetus is a ‘child’ under R.C. 2151.031.” While the court of appeals, in affirming the judgment of the trial court, discussed, inter alia, the question of whether a fetus is a child for purposes of R.C. 2151.031,…