ADOPTIONS

LEGAL PRACTICE IN THE PROBATE COURT

Legal practice in the Probate Court is restricted by law to attorneys who are licensed by the Supreme Court of Ohio. If an individual wishes to handle his or her own case, he or she may do so; however, they may not represent others. Due to the complexity of the law and the desire to avoid costly errors, most individuals who have filings before the Court are represented by an attorney. Deputy clerks are prevented by law from practicing law and, therefore, are not permitted to give advice.

Adoption is the legal procedure by which a person becomes, through Court action, part of a family other than that of his or her natural parents. Helping a child and parent become a family is one of the most rewarding duties of the Court. Whether you are a two-parent family, a single parent or a stepparent, consider creating a loving “forever” bond with a child through Adoption.

THE FOLLOWING PERSONS MAY BE ADOPTED

• Any minor child – in Ohio (a person under 18 years of age).
• Any adult if permanently and totally disabled.
• Any adult determined to be a developmentally disabled person as defined in Ohio Revised Code Section 5123.01.
• Any adult who had established a child/foster parent or child/stepparent relationship with the petitioners as a minor and consents to the Adoption.

WHAT ARE THE TYPES OF ADOPTIONS?

• Stepparent – In this instance, the person seeking to adopt may be either a stepfather or stepmother. The parent whose right is being terminated must consent unless his or her consent is not required under the law.
• Agency – Initially, the licensed Adoption Agency has received permanent custody of the child. It is the Agency who investigates the person seeking to adopt and the suitability of the home, and places the child in the home for Adoption. The Adoption is finalized by the Probate Court after all the parties involved, except the natural parents, appear for a hearing and a Final Decree of Adoption is Ordered by the Court.
• Independent Adoption – An independent Adoption is generally handled by a private attorney working directly with the natural parents and the Probate Court.
  • Unless exempted by statute, prior to the placement of the child in the home of the persons seeking to adopt, the natural parents must personally apply to, and appear before, the Probate Court of the county in which the natural parents, or in which the person seeking to adopt, resides. The natural parents must file a written statement showing that they are aware of their right to consent to a Decree of Adoption subject to the limitations of law.
  • The Probate Court must approve the placement before the child is taken to the home of the persons seeking to adopt.
  • By law, a Final Decree of Adoption cannot be issued until the child has lived in the adoptive home for at least six months after the Court approved placement.
  • The Adoption is finalized by the Probate Court after the petition of the adoptive parents is heard and a Decree of Adoption is Ordered by the Court.
• Interstate Adoption – If a child is born in Ohio and the persons seeking to adopt reside in another state, or vice versa, the Interstate Compact must be complied with. Before placement of the child, agencies in each state initiate proceedings to the government office administering the Interstate Compact in that state. The agencies, government offices and the Probate Court then will work together to fulfill the requirements of the Interstate Compact.
• International Adoption – The usual scenario is when a child is born in another country and sought to be adopted by a family in Ohio. The persons seeking to adopt must comply with the laws of immigration and naturalization and the laws governing Adoption in both the U.S. and the foreign country. The adopted child does not become a U.S. citizen through the Adoption process. Naturalization requirements must be met if a change in citizenship is desired.

FORMS

The Supreme Court of Ohio has developed Standard Probate Forms to assist in filing an ADOPTION. If you would like to use their forms SEARCH HERE.

In addition to the Standard Probate Forms located on the Supreme Court website, Sandusky County Probate Court has developed local forms to assist in filing a PLACEMENT as follows:

FREQUENTLY ASKED QUESTIONS

MUST I HAVE AN ATTORNEY OR AGENCY ARRANGE THE ADOPTION?
Yes. Only an Attorney or Agency may arrange an Adoption.

WHO MUST CONSENT?
The parents of the child to be adopted, a minor being adopted who is over 12 years old, and an adult adoptee must consent to Adoption. Questions concerning consent should be directed to an Agency or Attorney.

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 prior to the birth of the child or no later than 15 days after the child’s birth. As to the rights of a Putative Father prior to January 1, 1997, contact an Agency or Attorney.

WHAT IS AN OPEN ADOPTION?
As an alternative to a traditional closed Adoption where identities are not disclosed, an Open Adoption occurs when both the natural and adopting parents, prior to the Adoption, voluntarily disclose their identities to each other. Open Adoption law applies only to non-relative Adoptions, and may involve a non-binding agreement for contact between the adopted child and the natural parent(s). However, all parental control of the adopted child remains with the adopting parents.

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:

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

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.

DOES THE COURT EVER APPOINT AN ATTORNEY OR WAIVE COURTS COSTS?
No. If you are unable to hire a private Attorney, you may contact Legal Aid. Adoption fees are never waived.

MUST I APPEAR IN COURT?
Yes. It is mandatory, whether adopting through an Agency, or independently, that the person adopting and the child or children sought to be adopted appear before the Probate Court for the final hearing. In certain circumstances, there may be other appearances required. Any exceptions can only be granted by the Court for good cause shown.

CAN I ACCESS ADOPTION FILES?
Adoption files are confidential, and closed to the public. The Adoptee or Adopting Parents, however, by personally appearing at the Court with a picture I.D may obtain the following information:

• Medical Information – Generally, all Adoption records are open for the purpose of obtaining the medical background of biological parents. The Court or Agency involved in the Adoption should be contacted for that information.
• Identifying Information – Biological Parents
  • Prior to 1964: Copies of the original birth certificate may be obtained from the State Bureau of Vital Statistics. For more information SEARCH HERE.
  • 1964 - 1996: Adoption records for this period are closed. Copies of the original birth certificate may be obtained from the State Bureau of Vital Statistics. For more information SEARCH HERE.
  • 1996 to date: Since September 18, 1996, Adoption records are open unless the biological parent(s) have requested that identifying information be withheld. The State Bureau of Vital Statistics should be contacted. For more information SEARCH HERE.

WILL THE BIRTH CERTIFICATE BE CHANGED?
Yes. The original birth certificate will be sealed and a new birth certificate issued. The adopting parent or parents will be reflected on the birth certificate, just as though they had been the biological parents. Adopted children born in Ohio or a foreign country, receive their new birth certificate from the Office of Vital Statistics, Columbus, Ohio, Request for Foreign Birth Record. Children adopted in Ohio, but born in other states, obtain their new birth certificates from the Office of Vital Statistics in the state where they were born.

CAN AN ADOPTION BE UNDONE?
No. An Adoption is permanent and forever! Contesting an Adoption must be done within one year after the final decree is issued.