Can a same-sex stepparent adopt in Ohio?

Yes, a stepparent in a same-sex marriage can pursue a stepparent adoption in Ohio. It is filed in the Probate Court in your county and follows the same steps as any other stepparent adoption under Ohio Revised Code Chapter 3107.

What the process looks like in Ohio:

• Court: Your petition is filed with the Probate Court. Ohio has 88 counties, and each one has its own local forms and procedures.
• Residency: Ohio sets no minimum residency period (ORC § 3107.04), so a recent move does not hold you back.
• Child's consent: A child who is 12 or older must consent (ORC § 3107.06).
• The other legal parent: Whether that parent must consent, or whether the court can proceed without consent, depends on your family's facts. Ohio's abandonment provision (ORC § 3107.07) uses a 12-month period. If the other parent is unknown, cannot be found, or may object, ask the Probate Court clerk or an adoption attorney about your situation.
• Home study: Ohio does not waive the home study for stepparent adoptions (ORC § 3107.031), so plan for it.
• Hearing: Ohio requires a brief court appearance to finalize a stepparent adoption.
• Timeline: A stepparent adoption typically takes about 3-6 months.

Common situations:

• A wife adopting her wife's child from a prior relationship.
• A husband adopting his husband's child from a prior relationship.

Both of these are stepparent adoptions, so the steps above apply.

Situations that depend on your facts: Some families are not married, or have a child who was born through donor conception or surrogacy, or have a prior custody order or a second legal parent in the picture. We cannot tell you how Ohio law treats those situations. Please confirm them with the Probate Court clerk in your county or with an adoption attorney. This is especially important if you are an unmarried couple asking about a "second-parent" adoption.

What it costs: Court filing fees in Ohio run about $200-$500, depending on the county. A typical total is under $1,000, compared with $3,000-$5,000+ for many attorney-handled adoptions.