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this Web Page
This web page is
designed as a service to the public to provide an understanding of the duties
and procedures of the probate court in reference to adoptions. This web page
should not be considered as a legal reference.
House Bill 7 (effective April 7, 2009) - Adoptions
a maximum payment of $3,000 for a birth mother's living expenses that are
incurred no more than sixty (60) days after the child's birth.
to six (6) months, the time that a child must reside with a foster
caregiver before the foster caregiver may petition for
birth parent's consent may not be required, if clear and convincing
evidence is presented that there was no more than de minimis contact with
interlocutory order becomes final no more than one year after the adoptee
is placed in the home, instead of from the date of the order.
1) A husband and
3) Single parent
be Adopted ?
1) Minor child -
In Ohio, a person under 18 years of age.
2) An adult determined to be totally and permanently disabled or mentally
3) An adult who established a child / foster parent or child / step- parent
relationship with petitioners as a minor, provided she / he consents to the
are the Types of Adoptions ?
1) Step -
Parent - In this instance, the person seeking to adopt may either be
a step - father or step - mother. The parent whose right is being terminated
must consent unless his or her consent is not required under the law.
or Relative Adoption - In this instance, a licensed adoption agency
is not involved. It is generally handled by your private attorney working
directly with the court. On occasion, the child may be related to persons
seeking to adopt such as a grandchild, niece, etc. Other times, there is no
relationship between the child to be adopted and those adopting.
Adoptions - Suppose a child is born in Ohio and a couple in
California wishes to adopt or vice-versa. In all instances, both states'
departments of human services must be involved. The probate court will advise
and supervise these proceedings as required by law.
Adoptions - The usual situation is when a child is born in another
country and sought to be adopted by a family in Ohio. Here, a licenced
adoption agency frequently is involved. The probate court is sometimes
involved initially with investigating and approving the suitability of the
adopting family locally. The court may remain involved and will subsequently
finalize the adoption.
If the adoption
is finalized in the other country, our court can do a readoption and issue an
Ohio birth certificate or with proper documentation from the other country we
could issue an Ohio birth certificate only.
- For those using the services of a licensed adoption agency, probate
court involvement will be at the final stages. It is the agency who will
approve you, your home's suitability, the selection and placement of the child
in your home, and advise when the time is right to finalize the adoption. The
agencies have a trained, professional staff and use legal counsel to ensure
that your adoption is legally, effectively and efficiently handled.
Should I File for Adoption ?
Since the probate
court has exclusive jurisdiction over adoptions, you file in the probate court
of the county where:
1) The agency
having custody of the child is located.
2) The child was
born or now resides.
3) The person or
persons seeking to adopt reside.
4) Person seeking
to adopt is stationed in military service.
5) In private
placement: where the birth parent resides.
Home Study Necessary?
of the type of adoption, a home study is required. Whether obtained through
the agency or through probate court, the study will be completed by a trained
Counseling Required ?
independent adoptions involving newborns, an assessment of the birth parent(s)'
emotional stability regarding the decision to place the newborn for adoption
is conducted by a trained professional. Counseling will be suggested where the
assessor has concern about the birth parent(s)' readiness to make such a
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. The petitioners and the children are required to be
present before the probate judge at the time of the final hearing.
to Adoption Files ?
An adoptee 18
years of age or older may obtain, upon request and proper identification,
non-identifying information in the court file regarding the biological
parents. If adopted through an agency, the non-identifying information can be
obtained by contacting the agency directly.
An adopted person
21 years of age or older may file a petition in probate court for the release
of identifying information pertaining to the adopted person's biological
parents or biological sibling. Such identifying information may be provided to
the adopted person if a valid authorization for release, completed by the
biological parent or biological sibling, is on file with the Ohio Department
of Health, Bureau of Vital Statistics.
Birth Certificate 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.
born in Ohio receive their new birth certificates from the bureau of vital
statistics, Columbus, Ohio. Children adopted in Ohio, but born in other
states, obtain their new birth certificates form the bureau of vital
statistics in the state where they were born.
can I obtain information in Lucas County about Adoptions ?
County Probate Court
700 Adams Street
Toledo, Ohio 43604
County Children Services
705 Adams Street
Toledo, Ohio 43604
Charities, Diocese of Toledo
1933 Spielbusch Avenue
Toledo, Ohio 43604
of Your Choice - If you do not have an attorney, and wish to obtain
one, The Toledo Bar Association
will be happy to assist in referring you. They may be reached at (419)
here for a printable version