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With in Family Adoption

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A

asavillegas

Guest
What is the name of your state? Ohio

I was wondering how hard would it be to do a with in family adoption and would that be a very hard and long process to do?

Thank You
 


anabanana

Member
WHY???

Asa--


Reallly gotta put up some information on what is motivating the action. That has a HUGE impact on the process, the expense, the time, etc.

Do you have a family member abusive to his/her children?
Is someone ill and unable to care for their kids?
Has someone become a parent accidentally?

These facts would all have some bearing on getting a valid answer.

ana
 

nextwife

Senior Member
And let's not forwget that if there is a living OP, they, too, have rights that would need to be terminated, in MOST caes. Some states allow adoption of a newborn with only one parent.


http://www.adoptionsolutions.com/general/state laws/oh_law.htm
Here is a summary of Ohio adoption statutes:

Ohio Adoption Statute Summary

Ohio Revised Code Annotated Sections 3107.01 to 3107.44 (1998)

Who Can Adopt?
The following persons may adopt:

1.
a husband and wife together, at least one of whom is an adult;

2.
an unmarried adult;

3.
a married adult, without the other spouse, if he or she is a
stepparent, legally separated, or if failure of the other spouse to join is a result of prolonged unexplained absence, unavailability, incapacity, or it is impossible or unreasonably difficult to obtain her consent; and

4.
the unmarried minor parent of the person to be adopted.



Who Can Be Adopted?
Any minor can be adopted. An adult can be adopted if she or he is totally and permanently disabled, is determined to be mentally retarded, or has established a child-foster parent or child-stepparent relationship with the adoptive parent.

Consent to Adoption
The following parties must give their written consent to the adoption:

1.
the mother of the minor adoptee;

2.
the father of the minor adoptee, if the child was conceived or born
while the father was married to the mother, if the child is his by adoption, or if the child is deemed to be his by a court;

3.
any person or agency having permanent custody of the child or authorized by court order to consent, or the court itself;

4.
the adoptee if over 12 years of age, unless the court waives the adoptee's consent; and

5.
the putative father if he


alleges to be the father and has established a father-child relationship with the adoptee at any time before the placement,
has acknowledged the child in writing before the placement,
has signed the birth certificate, or
has filed an objection to the adoption before the placement.

Consent is not required of the following people:

1.
the parent who has failed without justifiable reason to communicate


or provide support for the adoptee for at least 1 year immediately before either the filing of the adoption petition or the placement;

2.
the putative father if he does not object within 30 days with the court or appropriate agency or the court finds that he is not the father of the child, that he has willfully abandoned or failed to care for and support the child, or that he abandoned the mother during pregnancy;

3.
a parent who has given up his or her right to consent;

4.
a parent whose parental rights have been terminated;

5.
a legal guardian or guardian ad litem of a parent judicially declared incompetent, who has not responded to a request for consent for 30 days, or who is unreasonably withholding consent;

6.
a legal guardian of the adoptee, who has not responded to a request for consent for 30 days, or who is unreasonably withholding consent;

7.
the spouse of the adoptee, if the spouse is withholding consent because of prolonged absence, unavailability, incapacity, or circumstances make it impossible or unreasonably difficult to obtain the spouse's consent; and

8.
any parent or legal guardian in a foreign country if the adoptee has been released for adoption within the laws of that country.

9.
the father where child was conceived due to rape and the father has been convicted of, or has pled guilty to, this offense.

Consent may take place any time 72 hours after the birth of the child. The consent is irrevocable and cannot be withdrawn after the final decree of adoption has been entered. The consent may be withdrawn prior to the final decree if the court finds that it is in the best interest of the adoptee.

Confidentiality
All adoption hearings shall be held in closed court. All records are subject to inspection only upon a court order. The agency report made prior to adoption shall include the social and medical history of the biological parents. Only the adoptive parents shall have access to this information about the biological parent, and the adoptee may have access to it when the adoptee reaches adulthood.

Any biological parent or biological sibling who wishes to release identifying information shall file a release with the Department of Human Services. The Department shall establish and maintain a file of these releases. Any biological parent or sibling who files a release may withdraw it. Any adoptee who is 21 years of age or older may file a request for release of information regarding the adoptee's biological parents and siblings.

Permissible Fees
The adoptive parent shall file with the court a full statement of all disbursements of anything of value in connection with the adoption. The adoption parent may only make disbursements for the following: doctor expenses in connection with prenatal care or childbirth, hospital expenses in connection with childbirth, attorney's fees in connection with placement or to initiate and pursue the adoption, agency expenses in connection with placement of the adoptee, and temporary costs of maintenance and medical care of the adoptee. The court shall review all expenses made prior to the entry of any decree of adoption. This section does not apply to an adoption by a stepparent whose spouse is a biological or adoptive parent of the minor.

Place of Adoption Hearing
The adoption hearing can take place in the court where the adoptive parent lives, where the adoptee was born or currently lives, where the biological parents live, or where the child- placing agency that has custody of the adoptee is located.

If the court finds in the interest of justice that the hearing should be heard in a different court, it may transfer the hearing.

Authority To Place Child
Placement must be made by a county human services department that has a children's services division, county children's services board, the Department of Human Services, an organization that is authorized to place children for adoption under a certificate of the Department of Human Services, or custodians in a foreign state or country.

Relative Adoption
A preadoption investigation required before placement in the adoptive parent's home is not required when the adoptive parent is a stepparent or a grandparent.

Advertisements
No person or entity that has not been certified by the division of social administration for the placement of children for adoption may advertise that they will adopt children.
 

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