Ohio Code 3107

This page provides information about Ohio laws pertaining to adoptions. If you have questions about how these laws pertain to your personal situation, we encourage you to contact one of our attorneys for additional information.

Ohio Revised Code Chapter 3107: Adoption

Section 3107.011: Arranging Adoptions

In Ohio, all persons seeking to adopt must work with an adoption agency, an attorney or both. An attorney may not represent both the person(s) seeking to adopt and the parent placing the child for adoption. Making false statements in connection with an adoption is a criminal offense.

Section 3107.02: Who May Be Adopted

Ohio law allows for adoption of any minor children and adults who are totally or permanently disabled or mentally incapacitated, formed a relationship with the adoptive parent as a minor and consents to the adoption, or are the child of the spouse of the adoptive parent (stepparent adoption).

Section 3107.03: Who May Adopt

The following persons may adopt: an unmarried adult, the unmarried minor parent of the person to be adopted, a husband and wife together, and a married adult separately (subject to conditions).

Section 3107.031: Assessor To Conduct Home Study False Statements

Individuals seeking to adopt in Ohio must submit to a home study, "for the purpose of ascertaining whether a person seeking to adopt a minor is suitable to adopt."

Sections 3107.04 And 3107.05: Filing And Contents Of Petition

Petitions for adoption must be filed in the court in the county in which the person to be adopted was born, in which the adoptive parent or the person to be adopted resides, in which the adoptive parent is stationed for military service, or in which the agency with custody of the person to be adopted is located. The petition must be captioned, "In the matter of adoption of . . . ."

A petition for adoption must include the following information (list is not exhaustive): the date and place of birth of the person to be adopted (if known), the name of the person to be adopted (if known), the name to be used for the person to be adopted, the relationship of the adoptive parent to the person to be adopted, and a description and estimate of value of the adoptive parent's property.

Section 3107.06: Consent To Adoption

Subject to certain exceptions, under Ohio law adoption of a minor requires the consent of the minor's mother, the minor's father (subject to limitations), any person or agency having permanent custody of the minor, and the minor himself or herself if over age 12. However, consent of the minor is not required if the court determines that the adoption would be in the best interests of the child.

Section 3107.084: Withdrawing Consent

"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." Consent can only be withdrawn prior to interlocutory order or final decree if the court determines that withdrawal is in the best interests of the person to be adopted.

Section 3017.13: Waiting Period For Finality

An adoption does not become final until, "the person to be adopted has lived in the adoptive home for at least six months after placement by an agency, or for at least six months after the department of job and family services or the court has been informed of the placement of the person with the petitioner, and the department or court has had an opportunity to observe or investigate the adoptive home." For a stepparent adoption, the adoption does not become final until at least six months after the filing of the petition or the child moving into the stepparent's home.

Section 3107.16: Appeals

Adoption decrees can be appealed in the same manner as other court decisions. However, appeals must be filed within six months of issuance of the final adoption decree unless: the adoptive parent has not taken custody of an adopted minor, a stepparent adoption was obtained through fraud or an adopted adult had no knowledge of the adoption within the six-month period.

Section 3107.18: Foreign Decrees

Generally speaking, the Ohio courts will recognize valid adoptions from other states and countries. If parents in Ohio have adopted a child from a foreign country, they can file a petition in their home county requesting a final decree of adoption under state law. Proof of the foreign adoption will be considered prima facie evidence that the necessary parties have consented to the adoption.

Contact A Lawyer Today

Adopting is an incredibly rewarding, but also quite challenging, experience. At Laubacher & Co., we have decades of experience helping Ohio residents complete efficient and legally binding adoptions. If you are thinking about adopting, or if you are in the process of adopting and need help, we invite you to contact us online, or call 440-462-1882 for a free consultation.

We work throughout Rocky River and the Cleveland area.