Ohio Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: § 3107.06- The mother
- The father:
- If the child was conceived or born while he was married to the mother
- If he is the adoptive father
- If he has established paternity
- The putative father
- Any agency or person having permanent custody
- The court having jurisdiction to determine custody
- If the child was conceived or born while he was married to the mother
Age When Consent of Adoptee is Considered or Required
Statute: § 3107.06
- A child 12 years of age or older must consent, unless the court finds that it is in the child's best interest to waive the requirement.
When Parental Consent is not Needed
Statute: § 3107.07- The parent has failed to contact or provide for the child for 1 year.
- The putative father has failed to register with the putative father registry within 30 days of the child’s birth.
- The putative father is not the actual father or has abandoned the child before or after birth.
- The parent has relinquished rights or has had parental rights terminated.
- The father or putative father is convicted of a rape that results in the conception of the child.
- A guardian or custodian withholds consent unreasonably.
- A parent or guardian is in a foreign country and child has been released for adoption pursuant to laws in that country.
When Consent Can Be Executed
Statute: § 3107.08(A)
- Consent cannot be executed until at least 72 hours after the child's birth.
How Consent Must Be Executed
Statute: § 3107.08
- Consent must be executed in the following manner:
- If by the adopted person, in the presence of the court
- If by an agency, before an authorized person
- If by another person, before the court or an authorized person
- If by a court, by an appropriate order
- If by the adopted person, in the presence of the court
Revocation of Consent
Statute: § 3107.084
- A consent is irrevocable except if consent is withdrawn prior to the:
- Entry of the interlocutory order
- Entry of the final decree, when no other order has been entered, after a hearing that finds withdrawal is in the best interest of the adopted person
- Entry of the interlocutory order
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