Why Adopt?
The decision to adopt a child carries profound emotional, social, and legal implications, which can vary greatly depending on individual circumstances and family dynamics. There are many factors that lead families to make the decision to adopt a child. For couples that cannot or do not wish to have biological children on their own, adoption offers the opportunity to experience the joys and challenges of parenthood. Adoption allows people to provide a stable and loving home environment to children who may have been abused, neglected, or lost their biological parents, and the relationships that form between adoptive parents and their new children are often life-changing and profoundly impactful to the child's future. Adoption can help form and protect legal rights for both custodians and children beyond the rights provided by a custody order.
Ultimately, the value of adopting a child extends over a lifetime of shared experiences between the adoptive parent and their child. If you are considering adoption, it is crucial to first meet with an experienced adoption attorney who can help you navigate the complex and exacting law of adoption in Ohio. Fill out the contact form below to schedule an adoption consult with Attorney Parks and take the first steps to completing your family!
What is Adoption and How is it Different from Custody?
In Ohio, adoption and custody are distinct legal concepts that involve different rights, responsibilities, and processes.
Adoption
Adoption results in the transfer of all parental rights and responsibilities from the biological parents or guardians to the adoptive parents. Once the adoption is finalized, the adoptive parents become the child's legal parents in every aspect, with the same rights and obligations as biological parents. Adoption is typically an irrevocable decision, meaning that once the adoption is completed, it is difficult to reverse or undo. Once an adoption is final, the biological parents' legal rights are terminated, and the child becomes a full member of the adoptive family.
Adoption involves a formal legal process, which varies depending on the type of adoption (e.g., domestic adoption, international adoption, stepparent adoption). The process includes home studies, background checks, court proceedings, and the issuance of a new birth certificate for the adopted child.
Adoption is often pursued when the biological parents are unable or unwilling to care for the child, or when it is deemed to be in the child's best interests to be raised by another family. It provides a permanent solution for children who need stable and loving homes.
Custody
Custody refers to the legal right to make decisions about a child's upbringing, including matters related to education, healthcare, religion, and daily care. It does not necessarily involve the transfer of parental rights or termination of the biological parents' legal relationship with the child.
Custody arrangements can be temporary or permanent, and they may involve different levels of decision-making authority. For example, joint custody may allow both parents to make decisions together, while sole custody may grant one parent primary decision-making authority. Custody arrangements can be modified or adjusted based on changing circumstances, such as parental relocation, changes in the child's needs, or alterations in the parents' ability to care for the child. Courts may intervene to modify custody orders to ensure the child's best interests are met.
Custody arrangements typically maintain the legal relationship between the child and the biological parents, even if one parent has sole custody. Both parents generally retain certain rights, such as visitation or access to information about the child's well-being.
The bottom line: adoption results in a permanent legal relationship between the adoptive parents and the child, while custody arrangements may be temporary or permanent and typically involve decisions about the child's upbringing without terminating the legal relationship between the child and the biological parents. It's essential to consult with a qualified attorney to understand the specific legal implications of adoption and custody in Ohio and to navigate the legal processes effectively.
Adoption Law in Ohio
It's important for individuals considering adoption in Ohio to consult with a qualified attorney who practices adoption law to understand the specific legal requirements, procedures, and rights involved in the adoption process. Attorney Parks, if you're considering adoption or assisting clients with adoption matters, it's advisable to stay updated on any changes to Ohio's adoption laws and regulations.
In Ohio, the law governing adoption is primarily outlined in
Chapter 3107
of the Ohio Revised Code (ORC) and can often involve the Ohio Department of Job and Family Services (ODJFS), which is itself regulated through Ohio Administrative Code. Additionally, adoption cases in Ohio are governed by the common law of case precedent, meaning prior adoption case decisions from the Ohio Supreme Court, appeals courts, and even previous county trial court decisions can affect the outcome of your adoption case.
Types of Adoption
Ohio recognizes various types of adoptions, including agency adoptions, independent adoptions, stepparent adoptions, relative adoptions, and international adoptions. Each type of adoption has its own set of legal requirements and procedures.
Consent
Consent is a crucial aspect of adoption in Ohio. Generally, consent must be obtained from the child's biological parents or legal guardians before an adoption can proceed. However, there are exceptions to this requirement, such as in cases of abandonment or the termination of parental rights.
Home Study
Prospective adoptive parents in Ohio are required to undergo a home study conducted by a licensed social worker or agency. The home study assesses the prospective parents' suitability to adopt, including their background, living environment, financial stability, and ability to provide a nurturing home for the child.
Legal Proceedings
Adoption proceedings in Ohio are initiated in the county where the prospective adoptive parents reside or where the child is located. The court oversees the adoption process, including hearings, evaluations, and the issuance of a final decree of adoption.
Termination of Parental Rights
In cases where the child's biological parents' rights have not been voluntarily terminated, Ohio law allows for the termination of parental rights through legal proceedings. This may occur if the biological parents are deemed unfit or unable to care for the child due to factors such as abuse, neglect, or abandonment.
Interstate Compact on the Placement of Children (ICPC)
Interstate Compact on the Placement of Children (ICPC): If the child being adopted in Ohio was born in another state or if the adoptive parents reside in a different state, the adoption may be subject to the Interstate Compact on the Placement of Children. This compact regulates the placement of children across state lines to ensure their safety and well-being.
Indian Child Welfare Act (ICWA)
Indian Child Welfare Act (ICWA): If the minor child to be adopted is of native American ancestry, there are special laws and regulations that apply to the procedure. The purpose of (ICWA) is to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture. ICWA provides guidance to States regarding the handling of child abuse and neglect and adoption cases involving Native children and sets minimum standards for the handling of these cases.
Types of Adoptions
In Ohio, several types of adoptions are recognized, each with its own specific legal requirements and procedures. The various categories of adoptions can be difficult to navigate due to often esoteric prerequisites and frankly opaque local court rules and procedures. It is crucial for families considering adoption to work with an experienced Ohio Adoption attorney before starting down this path.
If one of these below categories seems to describe your situation, contact our office through the form below to schedule a consult with Attorney Parks.
Agency Adoptions
Agency adoptions involve the placement of a child for adoption through a licensed adoption agency. These agencies may be public (run by the state or county) or private (non-profit or for-profit organizations). Prospective adoptive parents work with the agency to complete a home study, attend training, and undergo a matching process to be matched with a child. This what most people think of when they picture the adoption process. It is not uncommon for agency adoptions to cost well over $15,000, even climbing north of $35,000 if the child to be adopted is outside the United States.
Independent Adoptions
Independent adoptions, also known as private or custodial adoptions, occur when adoptive parents work directly with the biological parents or through an attorney, without the involvement of an adoption agency. In independent adoptions, the parties typically negotiate the terms of the adoption, including financial arrangements and post-placement contact. However, independent adoptions in Ohio require court approval and adherence to specific legal procedures. People who are seeking adoption of a child they are not biologically related to, but have obtained custody (not as foster parents), will fall under this category.
Stepparent Adoptions
Stepparent adoptions occur when a stepparent wishes to adopt their spouse's child from a previous relationship. In Ohio, stepparent adoptions are relatively common and can provide legal recognition of the stepparent's relationship with the child. However, these adoptions require the consent of both biological parents, unless one parent's rights have been terminated, or their consent has been found to be unnecessary by the probate court during the adoption.
Relative Adoptions
Relative adoptions involve the adoption of a child by a relative, such as a grandparent, aunt, uncle, or sibling. Relative adoptions may occur in situations where the biological parents are unable to care for the child, and a family member steps in to provide a stable and loving home. Like other types of adoptions, relative adoptions in Ohio require court approval and adherence to legal procedures.
International Adoptions
International adoptions involve the adoption of a child from another country. Prospective adoptive parents must comply with the laws and regulations of both the child's country of origin and Ohio. International adoptions often require additional steps, such as obtaining immigration approval, securing a visa for the child, and completing post-placement reports. These types of adoptions are the most costly and time consuming category of adoptions.
Foster Care Adoptions
Foster care adoptions occur when a child who is in the foster care system becomes available for adoption. These adoptions may involve children who have been removed from their biological parents' care due to abuse, neglect, or other reasons. Foster care adoptions in Ohio are facilitated by public child welfare agencies and require compliance with state laws and regulations.
The Adoption Process
In Ohio, the adoption petition process involves several steps to legally finalize the adoption and establish the adoptive parent-child relationship. After your initial consultation and decision to hire Parks Legal, this is what you can expect over the course of your adoption case:
List of Services
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1. Preparation and Filing of PetitionList Item 1
The process begins with filing an adoption petition with the probate court in the county where either the adoptive parents reside or where the child is located. The petition must include specific information, such as the names and addresses of the adoptive parents, the child's name and date of birth (if known), the basis for the adoption, information related to the biological parents, and a legal statement regarding the biological parents' consent to the adoption.
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2. Notice to Biological ParentsList Item 2
If the biological parents' rights have not been terminated voluntarily or through legal proceedings, they must be notified of the adoption petition. Notice may be served personally or by publication, depending on the circumstances and the court's requirements. The biological parents have the opportunity to consent to the adoption or contest it in court.
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3. Home StudyList Item 3
Prospective adoptive parents are typically required to undergo a home study conducted by a licensed social worker or agency. The home study assesses the prospective parents' suitability to adopt, including their background, living environment, financial stability, and ability to provide a nurturing home for the child. A favorable home study report is usually required before the adoption can be finalized. Additionally, the adopting parents will need to fill out a variety of background information forms, submit to background checks, and have their home safety-inspected by the local fire department.
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4. Consent HearingList Item 4
Once the adoption petition is filed and service is completed on the biological parents, the court will schedule a hearing to review whether the biological parents consent to the adoption. If applicable, the court will hear evidence as to why a biological parent's consent should not be required in order for the adoption to proceed. If a biological parent is contesting the adoption, this is often the hearing in which they will make their primary arguments against the proceeding. If the court accepts the consents of the biological parents as valid, or it finds that the consents are not necessary, the case can proceed to the next step.
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5. Final Decree of Adoption
If the court determines that the adoption is in the best interests of the child and all legal requirements have been met, a final decree of adoption is issued. This decree legally finalizes the adoption and establishes the adoptive parent-child relationship. The child's birth certificate may be amended to reflect the adoptive parents' names, and the child assumes the same legal rights and obligations as if they were born to the adoptive parents.
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6. Post-Adoption Services
After the adoption is finalized, adoptive families may be eligible for post-adoption services, such as counseling, support groups, financial assistance, and access to resources for addressing the unique needs of adopted children and their families.
Each type of adoption in Ohio has its own unique benefits, challenges, and legal considerations. It's important for prospective adoptive parents to thoroughly research their options and seek guidance from qualified professionals, such as adoption attorneys or agencies, to navigate the adoption process effectively.
Contested Adoption - The Importance of Parental Consent
In Ohio, adoption law is built on two foundational concepts: first, that the purpose of an adoption is to provide finality and stability to a child's life, therefore it is essential that an adoption order be final and irrevocable, and second, that every biological parent as a fundamental right to parent their children. With that second goal in mind Ohio's adoption law states that, in order for an adoption to be granted, the biological parents MUST consent to the adoption. Without the parent's consent, the adoption cannot happen, period. This is very different from family law cases, in which the court must consider and weigh numerous best interest factors when determining who should have custody of a child. Custody can change hands whether a parent "agrees" or not, but an adoption petition can be stopped in its tracks if a biological parent unequivocally says "no".
But, the first goal of adoptions - providing finality and stability to children who need safe, loving families - led to several exceptions being carved out of the requirement for consent from the biological parents:
1
Abandonment
"if the court finds by clear and convincing evidence that the parent has failed without justifiable cause to provide more than de minimis contact with the minor…for a period of one year immediately preceding the filing of the petition or the placement in the home of the petitioner" their consent will be unnecessary.
2
Support
"if the court finds by clear and convincing evidence that the parent has failed without justifiable cause to provide for the maintenance and support of the minor as required by law or judicial decree…for a period of one year immediately preceding the filing of the petition or the placement in the home of the petitioner" their consent will be unnecessary.
3
Putative Fathers
a putative father is a term used to refer to a man who may be the biological father of a child born out of wedlock but who has not yet established legal paternity. The putative father is someone who is alleged or claimed to be the child's father but whose paternity has not been legally recognized or established through marriage, court order, or voluntary acknowledgment.
In adoption cases, a putative father who failed to register with the Ohio putative father registry within fifteen days of the child's birth loses their right to withhold consent to the adoption.
Similarly, a putative father who willfully abandoned or failed to care for and support the minor, or willfully abandoned the mother during her pregnancy can lose his right to withhold consent.
Losing or giving up parental rights
If a parent voluntarily enters into an agreement permanently giving up their parental rights, they can also lose their right to withhold consent. Similarly, if they have lost their parental rights permanently in a juvenile custody case they can lose their right to stop the adoption.
Rape
A parent of a child who was conceived as a result of their rape of the other parent or sexual battery does not have the right to withhold consent to the adoption.
Misc
There are various other specialized circumstances in which a parent, guardian, or legal custodian will not be able to stop an adoption by petition by withholding their consent.
Contesting an adoption is a difficult and fraught process full of pitfalls and technicalities. Many Ohio courts are now providing appointed attorneys to represent parents who wish to try to contest an adoption petition.
Prospective parents who are faced with a parent withholding consent are in a similarly difficult position - the technicalities of Ohio law are such that only experienced adoption attorneys should try to navigate the waters of a contested adoption. If you are in a position of fighting this battle, Parks Legal can help.
Financial Assistance for Adopting Parents
Adopting a child can be a time consuming and expensive process. However, there are programs available to Ohioans to alleviate the cost of adoption. In 2023, Ohio enacted the Ohio Adoption Grant program, which provides a one-time cash payment to certain categories of adoptive parents after their case is concluded.
Additionally, there are various tax credit and incentive programs available, especially for adoptive parents of children with special needs. The staff at Parks Legal are ready to work with our clients to apply for any and all benefits that are available.
At Parks Legal, we know that completing your family and taking care of your children is one of the most important things you can do with your life. Contact us today to find out how we can help you with your adoption process.
