Adoption in Ohio
There are several types of adoptions such as step-parent adoptions, private adoptions, and adult adoptions. Once a parent remarries, they may wish for their new spouse to adopt their child, often when the other natural parent is no longer a part of the child’s life. The state of Ohio may also permit a child in the state’s custody to be adopted if a court determines that the adoption is appropriate and is best for the child. A private adoption of a child from the birth parents may also be arranged.
The Adoption Process in Ohio
Adoptions take place in the probate court, a division of the common pleas court in each county, regardless of the age of the person to be adopted. The adoption process can be a lengthy process if both natural parents do not agree with the adoption. Ohio allows both adoption agencies and attorneys to assist in the adoption process. The basic process for a step-parent adoption is as follows:
The person wishing to adopt contacts an attorney;- The attorney prepares all necessary paperwork for the adoption;
- The attorney files the paperwork in the appropriate probate court along with the filing fee;
- Notice of the adoption is sent to the natural parents;
- A home study is conducted at the place of the adoptive parent;
- A hearing is held where evidence is presented against and in support of the adoption if both natural parents do not agree to the adoption;
- The Court makes a final determination as to whether the adoption can take place.
Requirements for an Adoption in Ohio
There are many requirements for a step-parent wishing to adopt a child, and potentially even more for a non-family member to adopt a child. Some items that may be required for a step-parent adoption include a home study conducted by an investigator appointed by the Court, a criminal background check, full disclosure of all cases the step-parent has been a party to, and full disclosure of the physical and mental condition of members of the household. Some courts have additional requirements for an adoption such as letters of recommendation.
Parents Consent to Adoption in Ohio
The natural parents may also consent to the adoption of their child. A court may not accept a parent’s consent unless an adoption agency or attorney is involved in the case to ensure that the parents are fully aware of the consequences.
When Consent to Adoption is Not Necessary
The Ohio Revised Code provides a set of circumstances where consent from a natural parent is not necessary for an adoption to take place. If you have questions regarding whether consent of a natural parent is necessary, contact a licensed Ohio attorney that assists in adoptions.
Important Considerations Prior to Adoption
Ohio treats adoptions as a permanent change and may not allow a completed adoption to be altered. An adoption terminates all parental rights of the other natural parent including visitation and child support. An adopted child can no longer inherit from the natural parent (absent appropriate estate planning to accomplish such) and the natural parent can no longer inherit from the adopted child. If a step-parent adopts a child and the marriage terminates, the step-parent may be liable for child support for the adopted child and may pursue visitation and other parental rights as if they were the natural parent.
If you have adoption questions or need assistance filing for adoption, contact a licensed Ohio attorney.