Adoption Info

The Probate Court has exclusive jurisdiction to finalize adoptions in Pickaway County. Those wishing to adopt are required to submit a personal and home investigation to insure their suitability as adoptive parents.

• Who may adopt?
• What are the types of Adoptions?
• The Role of the Assessor?
• Is a Home Study Always Necessary?
• Who must consent to the Adoption?
• Can a Putative Father Preserve His Rights?
• Where should an Adoption be filed?
• Is a Court Appearance Required?
• Is the Birth Certificate Changed?
• Is it necessary to have an Attorney?
• Is Adoption Files Accessible?

Who may adopt?

1. A husband and wife jointly
2. A stepparent
3. An unmarried adult

What are the types of Adoptions?

Stepparent: The person seeking to adopt is a stepfather or stepmother of the person to be adopted. The parent whose parental rights are being terminated must consent unless law does not require that consent.

Agency: The parties use the services of a licensed adoption agency. The birth parents either voluntarily surrendered custody of the child directly to the agency, or the Juvenile Court has terminated their parental rights. The Probate Court’s involvement will be at the final stages when the Court reviews the matter t give final approval.

Private: The parties use the services of a private attorney who facilitates the adoption and acts as an intermediary between the adopting parents and the birth parents. The birth parents appear before the Probate Court to place the child for adoption, which occurs not less than three days after the birth of the child. The Courts holds a second hearing with the adopting parents present to grant Temporary Order of Adoption which will generally become permanent in six months.

Foreign: This is an adoption in which a child is born in another country and is adopted by an Ohio family. Most often an adoption is done under the laws of the foreign jurisdiction with a second adoption proceeding held in Ohio, primarily to obtain an Ohio Birth Certificate.

On occasion, the adopting parents are given guardianship of the minor by the foreign jurisdiction, and an original adoption proceeding is held in Ohio.

In both types of foreign adoption, a licensed adoption agency is frequently retained to investigate the adopting family and issue a report of it'’ findings and recommendation.

The Role of the Adoption Assessor

In stepparent, agency, and private adoptions, the services of an adoption assessor are used to investigate the adopting family and prepare a report called a home study. The home study contains basic information about the adopting family and the assessor’s recommendation. This information will assist the Court in determining whether the adopting family is suitable to adopt and whether the approval of the adoption is in the best interest of the adoptee.

Is a Home Study Always Necessary?

Except for the adoption of an adult, a home study is required in every adoption, and will be conducted by an adoption agency or a Probate Court Assessor.

Who must consent to the Adoption?

Generally, the legal parent(s) of the minor to be adopted and minor child being adopted who is over the age of 12. However, many laws apply as to who must consent and when the Court may dispense with the consent. Any questions concerning consent should be directed to an attorney.

Can a Putative Father Preserve His Rights?

A putative father is a man who may be the father of the child, but is not legally recognized as such. He can preserve his rights as father of the child by registering with the Ohio Department of Job and Family Services, Putative Father Registry. This must be done either before the birth of the child or no later than thirty (30) days after the birth. No fee is charged to the putative father for this registration. The Putative Father Registry is located at the Ohio Department of Job and Family Services, 225 E. Main Street, 3rd floor, Columbus, Ohio 43215-5222.

Where Should an Adoption be Filed?

The Probate Court has exclusive jurisdiction over adoptions. One may file a petition in the Probate Court of the County where any of the following apply:

1. The agency having custody of the child is located.
2. The child was born.
3. The person or persons seeking to adopt reside.
4. The home of record for a person stationed in military service.
5. Where the birth parent(s) reside.

Is a Court Appearance Required?

It is mandatory that adopting parent(s) and the child appear at the Probate Court hearing unless otherwise ordered by the Court.

Is the Birth Certificate Changed?

The original birth certificate will be sealed, and a new birth certificate issued. The adopting parent or parents will be reflected on the new birth certificate, just as though they had been the birth parents.

Adopted children born in Ohio or a foreign country, receive their new birth certificates from the Bureau of Vital Statistics, Columbus, Ohio. Children adopted in Ohio but born in other states, obtain their new birth certificates from the Bureau of Vital Statistics or equivalent agency in the state where they were born.

Is It Necessary to Have an Attorney?

The adopting parents she be represented by an attorney. Foreign adoptions my be exempted from this requirement.

Are Adoption Files Assessible?

Due to the changes in the Ohio Laws over the years the accessibility of adoption records depends upon the date of finalization of the adoption. Upon written request and payment of a fee, persons adopted prior to 1964 my obtain a copy of their adoption records on file with the State of Ohio Department of Health, Bureau of Vital Statistics.

Adoption records for persons adopted between 1964 and September 18, 1996 are on file with the State of Ohio, Department of Health, Bureau of Vital Statistics and this Court are closed. Identifying information will be released to an adopted person only if the biological parent (s) or adult sibling has signed a Release of Information on a form prescribed by the Bureau of Vital Statistics. The adopted person seeking identifying information must file a petition in the appropriate Probate Court along with the filing fee.

For adoptions occurring after September 18, 1996, a person age 21 or older or adoptive parent of an adopted person over the age of 18 and under the age of 21, may request a copy of the contents of the adoption file from the State of Ohio, Department of Health, Bureau of Vital Statistics will release that copy upon payment of the appropriate fee unless there is an effective denial of release from either birth parent.

At the discretion of the Court, non-identifying and medical information may be released to the adopted person upon showing identification and written request. Very little of this information was provided to this Court prior to September 18, 1996.

For further information on this topic you should contact an attorney.