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.
