State Recognition of Intercountry Adoptions Finalized Abroad - Ohio

Effect and Recognition of a Foreign Adoption Decree

Citation: Rev. Code § 3107.18(A)

A court decree establishing the relationship of parent and child by adoption, issued pursuant to due process of law by a court of any jurisdiction outside this State, whether within or outside the United States, shall be recognized in this State, and the rights and obligations of the parties as to all matters within the jurisdiction of this State shall be determined as though the decree were issued by a court of this State.

A decree or certificate of adoption that is issued under the laws of a foreign country and that is verified and approved by the U.S. Immigration and Naturalization Service* shall be recognized in this State.

*As of March 1, 2003, the responsibility for providing immigration-related services was transferred from the U.S. Immigration and Naturalization Service to the U.S. Citizenship and Immigration Services, a bureau of the U.S. Department of Homeland Security. The statutes do not yet reflect this change.

Readoption After an Intercountry Adoption

Citation: Rev. Code § 3107.18(A)-(B)

Nothing in this section prohibits a court from issuing a final decree of adoption or interlocutory order of adoption for a person the petitioner has adopted pursuant to a decree or certificate of adoption recognized in this State that was issued outside the United States.

If a child born in a foreign country is placed with adoptive parents or an adoptive parent in this State for the purpose of adoption, and if the adoption previously has been finalized in the country of the child's birth, the adoptive parent or parents may bring a petition in the probate court in their county of residence requesting that the court issue a final decree of adoption or an interlocutory order of adoption pursuant to § 3107.14. In a proceeding on the petition, proof of finalization of the adoption outside the United States is prima facie evidence of the consent of the parties who are required to give consent even if the foreign decree or certificate of adoption was issued with respect to only one of two adoptive parents who seek to adopt the child in this State.

Application for a U.S. Birth Certificate

Citation: Rev. Code § 3107.18(C)

At the request of a person who has adopted a person pursuant to an adoption decree or certificate recognized in this State that was issued outside the United States, the court of the county in which the person making the request resides shall order the Department of Health to issue a foreign birth record for the adopted person under § 3705.12(A)(4).

The court may specify a change of name for the child and, if a physician has recommended a revision of the birth date, a revised birth date. The court shall send to the department with its order a copy of the foreign adoption decree or certificate of adoption and, if the foreign decree or certificate of adoption is not in English, a translation certified as to its accuracy by the translator and provided by the person who requested the order.