ADOPTIONS

1. Who may be adopted?
   1. Minor child.
   2. An adult person determined to be totally and permanently disabled or mentally retarded.
   3. An adult may adopt another adult provided a parent-child relationship existed during the adoptee's minority.
      
      
2. What are the types of Adoption?
   1. Agency: When an agency licensed by the State of Ohio originates and handles the Adoption process, Probate Court involvement is limited to the final stages of the Adoption. It is the agency who approves the placement, conducts the home study, and recommends the Adoption to the Court. Adoption agencies have trained, professional staff, and use legal counsel to insure that Adoptions are legally, effectively, and efficiently handled.
      
      
   2. Independent Adoption: In this instance, a licensed Adoption agency is not involved. It is generally handled by a private attorney, working directly with the Court. On occasion, the child may be related to persons seeking to adopt, such as a grandchild, niece, nephew, etc. Other times, there is no relationship between the child to be adopted and those adopting.
      
      
   3. Step-parent: The person seeking to adopt is either a step-father or step-mother. The parent whose right is being terminated must consent unless his or her consent is not required.
      
      
   4. Interstate Adoptions: Where a child is born in one state and the adopting parents are residents of another state, both States' Departments of Human Services must be involved through the Interstate Compact. The Probate Court will supervise these proceedings.
      
      
   5. Foreign Adoptions: If an Ohio family adopts a child born in another country, the Adoption is considered a Foreign Adoption. Adoption may occur in the country of birth or in Ohio. All Foreign Adoptions must be processed through the U.S. Department of Immigration and Naturalization.
      
      
3. What are the rights of an unwed father?

   An unwed father, known as a putative father, may preserve his rights to consent to an Adoption of a child born after January 1, 1997, by registering with the Ohio Department of Human Services, Putative Father Registry. Registration must occur either prior to birth, or no later than thirty days after birth. As to the rights of a putative father prior to January 1, 1997, contact an agency or attorney.

4. Is a home study necessary?

   Yes. Regardless of the type of Adoption, a home study is required. An individual known as an assessor, who is qualified and trained for the task, will complete the home study.

5. Must I have an attorney?

   Yes, only an attorney or agency may arrange an Adoption. However, in the case of a Step-Parent Adoption, check with your local Court to determine if an attorney is required.

6. Where should I file for Adoption?

   Since the Probate Court has exclusive jurisdiction over Adoptions, you are required to file in the Probate Court of the County where any one of the following apply:

   1. The Agency having custody of the child is located.
      
   2. The child was born.
      
   3. The person or persons seeking to adopt reside.
      
   4. Person is stationed in Military Service.
      
   5. In an independent placement: where the natural parent resides.