Consent Laws

Who Must Consent to an Adoption
Citation: Rev. Code § 3107.06
A petition to adopt a minor may be granted only if written consent to the adoption has been executed by all of the following:

• The mother of the minor
• The father of the minor, if any of the following apply:
  • The minor was conceived or born while the father was married to the mother.
  • The minor is his child by adoption.
  • Prior to the date the petition was filed, it was determined by a court proceeding that he has a parent and child relationship with the minor.
  • He acknowledged paternity of the child.
• The putative father of the minor
• Any person or agency having permanent custody of the minor or authorized by court order to consent
• The juvenile court that has jurisdiction to determine custody of the minor, if the legal guardian or custodian of the minor is not authorized by law or court order to consent to the adoption

Age When Consent of Adoptee is Considered or Required
Citation: Rev. Code § 3107.06
A child who is age 12 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
Citation: Rev. Code § 3107.07
Consent to adoption is not required of any of the following:

• A parent who has failed without justifiable cause to communicate or provide support of the minor for a period of at least 1 year
• The putative father if:
  • He has failed to register with the putative father registry within 30 days of the minor's birth.
  • The court finds that he is not the father of the minor, has willfully abandoned or failed to care for and support the minor, or has willfully abandoned the mother of the minor during her pregnancy.
• A parent who has entered into a voluntary permanent custody surrender agreement
• A parent whose parental rights have been terminated
• A parent who is married to the petitioner and supports the adoption
• The father of a minor if the minor is conceived as the result of the commission of rape by the father
• A legal guardian or guardian ad litem of an incompetent parent who is found to be withholding consent unreasonably
• Any legal guardian or custodian of the adopted person, other than a parent, who is found to be withholding consent unreasonably
• The spouse of the adopted person, if the failure of the spouse to consent is by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances that make it impossible or unreasonably difficult to obtain the consent or refusal of the spouse
• Any parent, legal guardian, or other custodian in a foreign country, if the adopted person has been released for adoption pursuant to the laws of the country in which the person resides and the release of such person is in a form that satisfies the requirements of the immigration and naturalization service of the U.S. Department of Justice
• A juvenile court, agency, or person given notice of the petition that fails to file an objection to the petition within 14 days
• Any guardian, custodian, or other party who has temporary custody of the child

When Consent Can Be Executed
Citation: Rev. Code § 3107.08(A)
The required consent to adoption may be executed at any time after 72 hours after the birth of a minor.

How Consent Must Be Executed
Citation: Rev. Code § 3107.08
The required consent to adoption shall be executed in the following manner:

• If by the person to be adopted, in the presence of the court
• If by an agency, by the executive head or other authorized representative, in the presence of a person authorized to take acknowledgments
• If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments
• If by a juvenile court, by appropriate order

A parent shall do all of the following as a condition of a court accepting the parent's consent to the minor's adoption:

• Appear personally before the court
• Sign the form prescribed in § 3107.083(A)(1)(a)
• If the parent is the mother, complete and sign the form prescribed in § 3107.03(A)(1)(c)

The parents of a minor who is less than 6 months old may consent to the minor's adoption without personally appearing before a court if both parents do all of the following:

• Execute a notarized statement of consent to the minor's adoption before the attorney arranging the adoption
• Sign the form prescribed by § 3107.083

The court shall question the parent to determine that the parent understands the adoption process, the ramifications of consenting to the adoption, and that the parent's consent to the adoption is made voluntarily.

If a minor is to be adopted by a stepparent, the parent who is not married to the stepparent may consent to the minor's adoption without appearing personally before a court if the parent executes consent in the presence of a person authorized to take acknowledgments.

If a parent of a minor to be adopted resides in another State, the parent may consent to the minor's adoption without appearing personally before a court if the parent executes consent in the presence of a person authorized to take acknowledgments.

Revocation of Consent
Citation: Rev. Code § 3107.084
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 the minor's age.

A consent to adoption may be withdrawn prior to the entry of an interlocutory order or prior to the entry of a final decree of adoption when no interlocutory order has been entered if the court finds after hearing that the withdrawal is in the best interest of the person to be adopted and the court by order authorizes the withdrawal of consent. Notice of the hearing shall be given to the petitioner, the person seeking the withdrawal of consent, and the agency placing the minor for adoption.

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