Consent to Adoption - Ohio
Who Must Consent to an Adoption
Citation: Rev. Code § 3107.06
An adoption petition may be granted only when written consent has been executed by all the following unless consent is otherwise not required:
- The mother
- The father if any of the following applies:
- The minor was conceived or born while the father was married to the mother.
- The minor is his child by adoption.
- Prior to the date the petition was filed, a court determined that he has a parent-child relationship with the minor.
- He acknowledged paternity of the child, and the acknowledgement of paternity has become final.
- The putative father
- Any person or agency having permanent custody of the minor or authorized to consent
Consent of Child Being Adopted
Citation: Rev. Code § 3107.06
A child who is age 12 or older must consent unless the court finds that it is in the child's best interests to waive the requirement.
When Parental Consent is not Needed
Citation: Rev. Code § 3107.07
Consent is not required of the following:
- A parent who has failed to communicate or support the minor for at least 1 year
- The putative father if either of the following applies:
- He failed to register with the putative father registry within 15 days of the minor's birth.
- The court finds that he is not the father or he abandoned the minor or the minor's mother.
- A parent whose parental rights have been terminated
- A parent who is married to the petitioner
- A guardian of an incompetent parent or the child who is found to be withholding consent unreasonably
- The adopted person's spouse if the failure to consent is due to prolonged absence, unavailability, or incapacity
- Any parent or guardian in a foreign country, if the adopted person has been released for adoption pursuant to the laws of that country in a form that satisfies the requirements in the United States
- The father or putative father of a minor conceived as the result of rape or sexual battery
- A court, agency, or person that fails to object within 14 days to a notice of a petition
- Any guardian or other party who has temporary custody of the child
When Consent Can Be Executed
Citation: Rev. Code § 3107.08(A)
The required consent to adoption may be executed at any time after 72 hours after the birth of a minor.
How Consent Must Be Executed
Citation: Rev. Code §§ 3107.08; 3107.081
The required consent to adoption shall be executed in the following manner:
- If by the person to be adopted, in the presence of the court
- If by an agency, by the executive head or other authorized representative in the presence of a person authorized to take acknowledgments
- If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments
- If by a juvenile court, by appropriate order
A parent shall do all the following as a condition of a court accepting the parent's consent to the minor's adoption:
- Appear personally before the court
- Sign the form prescribed in § 3107.083(A)(1)(a)
- If the parent is the mother, complete and sign the form prescribed in § 3107.083(A)(1)(c)
The parents of a minor who is less than 6 months old may consent to the minor's adoption without personally appearing before a court if both parents do the following:
- Execute a notarized statement of consent to the minor's adoption before the attorney arranging the adoption
- Sign the form prescribed by § 3107.083
The court shall question the parent to determine that the parent understands the adoption process and the ramifications of consenting to the adoption and that the parent's consent to the adoption is made voluntarily.
If a minor is to be adopted by a stepparent, the parent who is not married to the stepparent may consent to the minor's adoption without appearing personally before a court if the parent executes consent in the presence of a person authorized to take acknowledgments.
If a parent of a minor to be adopted resides in another State, the parent may consent to the minor's adoption without appearing personally before a court if the parent executes consent in the presence of a person authorized to take acknowledgments.
Revocation of Consent
Citation: Rev. Code § 3107.084
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. The consent of a minor is not voidable by reason of the minor's age.
A consent to adoption may be withdrawn prior to the entry of an adoption decree, if, after a hearing, the court finds that the withdrawal is in the best interests of the adoptee and authorizes the withdrawal of consent. Notice of the hearing shall be given to the petitioner, the person seeking the withdrawal of consent, and the agency placing the minor for adoption.