ADOPTION
Adoption is a legal process that permanently establishes a parent-child relationship between the adoptive parent(s) and a child who is not their biological offspring. Once finalized, adoption grants adoptive parents the same legal rights and responsibilities as biological parents. The adoption process terminates the legal relationship between the child and the biological parent(s). R.C. 3107 governs the various types of adoption proceedings in Ohio, including: stepparent adoption, private adoption, agency adoption, international adoption, and adult adoption.
TYPES OF ADOPTION IN OHIO
Ohio recognizes several forms of adoption to accommodate different family situations. Stepparent adoption occurs when a stepparent wishes to adopt their spouse’s child, creating a legal parent-child relationship while terminating the rights of the non-custodial biological parent. Private/independent adoption is arranged directly between birth parents and adoptive parents, typically with attorney assistance. Agency adoption is facilitated by public or private adoption agencies that match children with prospective adoptive families. Relative or kinship adoption allows family members to adopt children related to them by blood. International adoption involves adopting a child from another country, in compliance with both U.S. and foreign laws. In certain circumstances, adult adoption may create a legal parent-child relationship with a person age 18 or older.
REQUIREMENTS FOR ADOPTION IN OHIO:
Ohio law establishes specific requirements for adoption. Adoptive parents must be at least 18 years old, meet specific residency requirements established by Ohio law, and pass criminal background checks and a comprehensive home study conducted by a licensed professional. Known biological parents must consent to the adoption or their rights must be terminated through court proceedings. In stepparent adoptions, the non-custodial parent’s consent is required unless grounds exist for involuntary termination of their parental rights such as abandonment or persistent failure to support the child. Children age 12 or older must consent to their own adoption unless the court finds consent is not required for good cause shown. The Court must determine that the adoption serves the best interest of the child.
CONSEQUENCES OF ADOPTION
Adoption creates significant legal consequences for all parties involved. The process establishes a permanent legal parent-child relationship that cannot be dissolved except under extraordinary circumstances. Adoptive parents gain all legal rights and responsibilities for the child, including custodial rights and decision-making authority and support obligations. Adopted children gain inheritance rights from adoptive parents as if they were biological children. A new birth certificate is issued showing the adoptive parents as the legal parents. Post-adoption contact agreements may allow continued communication with birth families in some cases.
CALL ZUKERMAN ABOUT ADOPTION
If you are considering adopting a child or placing a child for adoption, you should obtain legal representation immediately. The adoption process involves complex legal requirements that must be followed to ensure a valid and permanent adoption. Call Zukerman, Lear, Murray & Brown Co., L.P.A. today if you need guidance on any aspect of the adoption process.
