Ohio Adoption Laws
By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed October 08, 2024
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Deciding to adopt a child is a significant and life-changing decision. If you are considering adoption, understand that adoption laws vary widely from state to state. There is a growing trend toward uniformity across the U.S. As social values shift to better recognize children's rights, many states now require children 12 and older to consent to finalize an adoption.
This article provides an overview of Ohio adoption laws to help you through the adoption journey.
Types of Adoption in Ohio
Ohio provides several adoption options to fit diverse family circumstances. Each adoption type has specific procedures to ensure a smooth adoption process.
- Private adoption. Adoptive parents work with biological parents through a private adoption agency. This process provides a personalized approach. The adoptive family and birth parents work out detailed plans.
- Independent adoption. Allows prospective adoptive parents to connect directly with biological parents. This is often done with the help of legal professionals rather than an adoption agency. This method offers a more direct relationship and negotiation between parties.
- Foster care adoption. This enables families to adopt children from the state's foster care system, managed by the Ohio Department of Job and Family Services. This process involves transitioning children from foster care into a permanent home.
- Stepparent adoption. This allows a spouse to adopt their partner's biological child legally. It formalizes the family relationship within blended families. This type of adoption solidifies parental rights and responsibilities.
- Open adoption. This facilitates ongoing contact between the adoptive family and biological parents. It promotes transparency and maintains relationships through agreed-upon communication.
- International adoption. This is adopting children from abroad. This process follows U.S. and international regulations to bring children from other countries to Ohio families.
Ohio Adoption Laws: At a Glance
The following table lists the basic provisions of Ohio's adoption laws.
| Code section | § 3107.01, et seq., of the Ohio Revised Code |
|---|---|
| Who may be adopted | Any child; certain adults. |
| Age that child's consent needed | 12 years of age and older |
| Who may adopt | Unmarried adults; unmarried minor parent of the adoptee; husband and wife (at least one of whom is adult) together, unless legally separated or under certain other circumstances; same-sex couples. |
| Home residency required before finalization of adoption? | 6 months |
| State agency/court | Department of Jobs and Family Services/probate |
| Statute of limitations to challenge | 6 months |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
Ohio's Adoption Process
A home study conducted by an assessor from the Ohio Department of Job and Family Services or a licensed agency is required. This study includes background checks, home visits, and interviews to check the suitability of the house and the adoptive family's readiness.
Prospective parents must also submit a detailed adoption plan. They must also secure parental consent from the birth family, checking the putative father registry if needed. They then file a petition for adoption with the probate court. Throughout the process, the medical history and potential issues such as child abuse get assessed. This is to ensure the best interests of the child.
After the child gets placed, the final step is attending a court hearing to get the final decree of adoption and update the child's birth certificate.
Ohio Adoption Laws: Related Resources
Get Legal Help With an Adoption
Adoption can be complex, involving many state and federal regulations. An attorney can guide you through these legal requirements, review your case, and offer legal advice.
For help with an adoption case, contact an experienced Ohio adoption attorney to schedule a consultation.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
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