Ohio Adoption Laws, Page 3

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Consent Laws

Who Must Consent to an Adoption

• The mother

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• 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

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

• 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

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• A consent is irrevocable except if consent is withdrawn prior to the: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

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

Adoption Directory

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