Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Ohio may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Ohio child adoption law including such topics as advertising, use of adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent,
Relinquishment or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Rev. Code § 5103.17
Subject to § 5103.16, no person or government entity, other than a private child-placing agency or private noncustodial agency certified by the department, or a public children services agency,
shall advertise that the person or government entity will adopt children, place children in foster homes, hold out inducements to parents to part with their offspring, or in any manner knowingly become
a party to the separation of a child from the child's parents or guardians, except through a juvenile court or probate court commitment.
Use of Intermediaries/Facilitators
Citation: Rev. Code § 3107.011(A)
A person seeking to adopt a minor shall utilize an agency or attorney to arrange the adoption. An attorney may not represent with regard to the adoption both the person seeking to adopt and the parent
placing a child for adoption.
Any person may informally aid or promote an adoption by making a person seeking to adopt a minor aware of a minor who will be or is available for adoption.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 3107.10(C)
Physician, hospital, or other medical facility costs
Attorney's fees and court costs
Temporary maintenance and medical care, or foster care for the child
Guardian ad litem fees.
Birth Parent Expenses Not Allowed
Citation: § 3107.10(D)
Any expense not expressly permitted by the statute
Any expense that the court finds unreasonable
Allowable Payments for Arranging Adoption
Citation: § 3107.10(C)
No person, agency, or attorney shall make any disbursements in connection with the surrender, placement, or adoption other than those specified by law.
Allowable Payments for Relinquishing Child
Citation: § 3107.10(C)
No person shall make any disbursements in connection with the surrender of a child other than those specified by law.
Accounting of Expenses Required by Court
Citation: § 3107.10(B)
The agency or attorney that arranged the adoption shall file a preliminary accounting no later than the filing of petition for adoption.
A final accounting must be made before the final decree, specifying all disbursements made or agreed to be made.
A final decree will not be issued until at least 10 days after the accounting has been filed.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Rev. Code § 3107.06
A petition to adopt a minor may be granted only if written consent to the adoption has been executed by all of the following:
The mother of the minor
The father of the minor, if any of the following apply:
The minor was conceived or born while the father was married to the mother.
The minor is his child by adoption.
Prior to the date the petition was filed, it was determined by a court proceeding that he has a parent and child relationship with the minor.
He acknowledged paternity of the child.
The putative father of the minor
Any person or agency having permanent custody of the minor or authorized by court order to consent
The juvenile court that has jurisdiction to determine custody of the minor, if the legal guardian or custodian of the minor is not authorized by law or court order to consent to the adoption
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Code § 3107.06
A child who is age 12 or older must consent, unless the court finds that it is in the child's best interest to waive the requirement.
When Parental Consent is not Needed
Citation: Rev. Code § 3107.07
Consent to adoption is not required of any of the following:
A parent who has failed without justifiable cause to communicate or provide support of the minor for a period of at least 1 year
The putative father if:
He has failed to register with the putative father registry within 30 days of the minor's birth.
The court finds that he is not the father of the minor, has willfully abandoned or failed to care for and support the minor, or has willfully abandoned the mother of the minor during her pregnancy.
A parent who has entered into a voluntary permanent custody surrender agreement
A parent whose parental rights have been terminated
A parent who is married to the petitioner and supports the adoption
The father of a minor if the minor is conceived as the result of the commission of rape by the father
A legal guardian or guardian ad litem of an incompetent parent who is found to be withholding consent unreasonably
Any legal guardian or custodian of the adopted person, other than a parent, who is found to be withholding consent unreasonably
The spouse of the adopted person, if the failure of the spouse to consent is by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances that make it impossible or unreasonably
difficult to obtain the consent or refusal of the spouse
Any parent, legal guardian, or other custodian in a foreign country, if the adopted person has been released for adoption pursuant to the laws of the country in which the person resides and the release
of such person is in a form that satisfies the requirements of the immigration and naturalization service of the U.S. Department of Justice
A juvenile court, agency, or person given notice of the petition that fails to file an objection to the petition within 14 days
Any guardian, custodian, or other party who has temporary custody of the child
When Consent Can Be Executed
Citation: Rev. Code § 3107.08(A)
The required consent to adoption may be executed at any time after 72 hours after the birth of a minor.
Revocation of Consent
Citation: Rev. Code § 3107.084
A consent to adoption is irrevocable and cannot be withdrawn after the entry of an interlocutory order or after the entry of a final decree of adoption when no interlocutory order has been entered. The
consent of a minor is not voidable by reason of the minor's age.
A consent to adoption may be withdrawn prior to the entry of an interlocutory order or prior to the entry of a final decree of adoption when no interlocutory order has been entered if the court finds
after hearing that the withdrawal is in the best interest of the person to be adopted and the court by order authorizes the withdrawal of consent. Notice of the hearing shall be given to the petitioner,
the person seeking the withdrawal of consent, and the agency placing the minor for adoption.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 3107.062
The putative father may file before the child's birth, or within 30 days after the child's birth.
Registration requires a completed Department of Job and Family Services form.
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