ADOPTION

The required consent to adoption may be executed at any time after seventy-two hours after the birth of a minor. ORC § 3107.08

"The consent to placement, surrender, or adoption executed by a minor parent before a judge of the probate court or an authorized deputy or referee of the court, whether executed within or outside the confines of the court, is as valid as though executed by an adult. A consent given...before an employee of a children services agency that is licensed as provided by law is equally effective, if the consent also is accompanied by an affidavit executed by the witnessing employee...to the effect that the legal rights of the parents have been fully explained to the parents, prior to the execution of any consent, and that the action was done after the birth of the child." ORC § 5103.16  (D)

"A consent to adoption is irrevocable and cannot be withdrawn after the entry of an interlocutory order or after the entry of a final decree of adoption when no interlocutory order has been entered.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 his minority." ORC § 3107.09

The petitioner seeking to adopt a minor shall file a full accounting with the court of all disbursements made by or on behalf of the petitioner in connection with the placement or adoption of the minor. A petitioner shall not make any disbursements in connection with the placement or adoption of a minor other than for the following:

  • Physician expenses incurred in connection with prenatal care and confinement or in connection with the birth of the minor to be adopted;

  • Hospital expenses incurred in connection with the birth of the minor to be adopted;

  • Attorneys' fees incurred in providing legal services in connection with the placement of the minor to be adopted or in connection with legal services provided to initiate and pursue the adoption proceedings;

  • Agency expenses incurred for providing services in connection with the adoption;

  • Temporary costs of routine maintenance and medical care for a minor if the person seeking to adopt the minor refuses to accept placement. ORC § 3107.10

Any agreement or understanding to transfer or surrender the legal rights, powers, or duties of the legal parent and place a child with an adoptive parent shall be construed to contain a promise by the person seeking to adopt the child to pay the expenses listed above. ORC § 5103.16 (C)

No child shall be placed or received for adoption or with intent to adopt unless placement is made by a county Human Services Department, county Children Services Board, the Department of Human Services, or custodians in a foreign state or country, or unless all of the following criteria are met:

  • Prior to the placement and receiving of the child, the parent or parents of the child personally have appeared before the probate court for approval of the proposed placement and have signed and filed with the court a written statement showing that the parent or parents are aware of their right to contest the decree of adoption;

  • The court ordered an independent investigation of the proposed placement, and after completion of the investigation, the court determined that the proposed placement is in the best interest of the child;

  • The court has approved the record of the proposed placement.  ORC § 5103.16  (D)

No persons, organizations, hospitals, or associations which have not been approved and certified by the division of social administration for the placement of children for adoptions or in foster homes shall advertise that they will adopt children or place them in foster homes, hold out inducements to parents to part with their offspring, or in any manner knowingly become a party to the separation of a child from its parents or guardians, except through a juvenile court commitment. ORC § 5103.17

A final decree of adoption shall not be issued and an interlocutory order of adoption does not become final until the person to be adopted has lived in the adoptive home for at least six months after placement."  ORC § 3107.13

Subject to the disposition of an appeal, upon the expiration of one year after an adoption decree is issued, the decree cannot be questioned by any person, including the petitioner, unless, in the case of the adoption of a minor, the petitioner has not taken custody of the minor. ORC § 3107.16

All forms that pertain to the social or medical histories of the biological parents of an adopted person shall be filed only in the permanent record kept by the court. During the minority of the adopted person, only the adoptive parents of the person may inspect the forms. When an adopted person reaches the age of majority, only he may inspect the forms.  ORC § 3107.17 (D)

Any biological parent who wishes to authorize the release of identifying information to his offspring, and any biological sibling who wishes to authorize the release of specified information to his adopted sibling shall file with the Department of Human Services a release. ORC § 3107.40 (B)  

Any person who is twenty-one years of age or older and who believes he is an adopted person may file a petition for the release of information regarding his name by birth, and the identity of his biological parents and biological siblings. ORC § 3107.41

  SURROGATE MOTHERHOOD

In 1983 the Ohio Attorney General rendered an opinion that no person or organization not licensed as a child placing agency could perform any of the following activities:

  • the solicitation of women to become artificially inseminated with the sperm of men who remain anonymous to them, for the purpose of the women bearing children and surrendering possession of the children and all parental rights to such men and their spouses;

  • the negotiation, for a fee, of a contract between such men and women for the purpose of the women bearing children and surrendering possession of the children and all parental rights to such men and their spouses; and

  • the arrangement for payment of the women involved in these transactions. OAG 83-001

Editor's Note: While opinions of the Ohio Attorney General do not have the authority of statute, they are instructive when considering the state's response to a proposed course of action.

ADOPTION

 
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