Frequently Asked Questions (F.A.Q.)

Is Ohio Adoption law and process the same from county to county?
Yes, adoption law is state law and applies throughout the state, but it's often interpreted differently and knowledge of local interpretation and processes are important to the client and practitioner alike. 

For example, Ohio's putative father law provides that a man who may be a father of a child may register in order to receive notice of an adoption.  Some courts will provide for notice to the putative father, even if not registered, if the mother is aware of his identity; other courts will not.  Courts also differ on what constitutes "support" for purposes of determining whether parental consent to an adoption is necessary. Back to Top

Does a biological parent have to consent to an adoption?
In general, the answer to this question is YES.  There are certain exceptions to this general rule, the most common of which are (1) the parent has failed without justifiable cause to communicate with the child one year before the date of the filing of the petition or hearing on the petition OR (2) the parent has failed without justifiable cause to support the child one year before the date of the filing of the petition or hearing on the petition. 

Questions of what constitutes "communication," "support," and "justifiable cause" are fact specific.  Contact your lawyer or Hayes Offices to learn more.

Parental consent and notice are generally not required when the child to be adopted is in the permanent custody of a children's services agency. Back to Top

Is a biological parent entitled to notice even when consent isn't necessary?
Yes, except in an agency adoption, a biological parent is almost always entitled to notice of the adoption hearing even when that person has failed to communicate or support the child for the one year period.  The notice gives the biological parent the opportunity to contest the adoption.  If the parent is a putative father who hasn't registered with the Ohio Putative Father Registry, you should contact your lawyer to determine if notice is required. Back to Top

What if I don't know how to locate the biological parent?
If a parent is entitled to notice, you will need to search for that person with reasonable diligence. (It may be wise to wait until you have signed and filed your adoption petition so as to set the one-year communication/support time period for the consent determination).  If you search and don't find that person, you'll need to document the efforts you've made and request authorization to provide notice for publication.  Publication should be used as a last resort. Back to Top

Does my support obligation end if I consent to my child's adoption?
Upon adoption finalization, parental support obligations end from that date forward.  A copy of the adoption decree should be forwarded to the child support agency.  Because the support obligation belongs to the child, there are differing views on back support.  The handling of this matter often will depend upon the situation, the court that ordered support, and the policy of the child support enforcement agency.  Back to Top

Do I need to appear in court to consent to an adoption?
Generally a person consenting to an adoption will need to do so in person before the court.  There are exceptions to this rule which include step-parent adoptions and when the person consenting lives outside of Ohio.  Back to Top

How long must a child live with me before an adoption can be finalized?
In almost all cases, a child must be in the home for at least six months after adoptive placement has been approved by the court before an adoption can be finalized.  The time a child was in the home as a foster child generally 'counts' toward this six month time period.  Some courts require adoptive parents to have been married a year or more before an adoption petition will be finalized. Back to Top

---

Once it’s filed, how long does the process take?
It depends - court dockets, required consents, notice, and whether the matter is contested are all issues that may impact the amount of time between the filing of a petition and finalization hearing.  In general, an agency adoption can be accomplished fastest, while a private adoption usually takes the longest, with a step-parent adoption being somewhere in between.  Your lawyer should be able to give you an estimate based upon the particular circumstances of your situation.  Back to Top

What assistance can I provide to the biological parent?
A petitioner for an adoption must file an account with the court to show all out-of-pocket expenses that were incurred related to the adoption.  This account will include, but is not limited to, court costs, attorney fees and expenses, physician expenses, and background check expenses.  If any gifts or money are given to the biological parent these too must be listed.  The account is required to ensure that children are not being bought and sold.  Because any gifts, monetary or not, could be construed as a ‘payment’ for the child to be adopted, you should not provide ANY gifts or money to the biological parent. Back to Top

---

Post adoption issues - birth certificate, social security number, estate planning?
After adoption finalization, the court will notify the Ohio Division of Vital Statistics of the adoption and a new birth certificate will be issued - usually within four to six months.  Until then, the documentation obtained at the hearing will serve as 'proof of parenthood.'  Adoptive parents may desire to obtain a new social security number for their child - even if a new number isn't desired, the social security administration should be advised of the child's new status and name so as to avoid issues with the IRS when tax returns are cross-referenced.  In addition, adoptive parents should carefully review their estate plan to verify it provides the distribution they anticipate or desire and to provide a suitable nominee to serve as guardian. Back to Top