Can an elderly stepparent adopt in Ohio?

Yes, an older stepparent can adopt in Ohio. Ohio's age rule is a minimum, not a maximum. An unmarried adopter must be an adult, 18 or older (R.C. 3107.03). A married couple adopting together needs only one spouse to be an adult. For minor adoptions, the home study assessor may not consider the adopter's age if the adopter is old enough under ORC § 3107.031. The questions that matter are who is being adopted and which requirements apply.

If you are adopting a minor stepchild:

• Court: The petition is filed in the Probate Court. Venue is the county where the child was born, or where you, the child or the child's parent live when you file.
• Residency: Ohio has no minimum residency period (ORC § 3107.04).
• Consent: A child who is 12 or older must consent (ORC § 3107.06).
• Abandonment: The abandonment period is 12 months (ORC § 3107.07). If the other parent cannot be found or objects, the outcome depends on your facts, so ask the Probate Court clerk or an attorney.
• Home study: A home study applies to minor adoptions (ORC § 3107.031).
• Timeline: Stepparent adoptions typically take about 3-6 months.

If you are adopting an adult stepchild: This is where many older stepparents find themselves, and Ohio is specific about it. Ohio does not allow every adult to be adopted. An adult can be adopted only if one of five conditions in R.C. 3107.02 applies:

• The adult is totally or permanently disabled.
• The adult has a developmental disability.
• As a minor, the adult had a foster caregiver, kinship caregiver or stepparent relationship with you, and the adult consents.
• On the adult's 18th birthday, the adult was in the permanent custody of, or a planned permanent living arrangement with, a children services agency, and the adult consents.
• The adult is the child of your spouse, and the adult consents.

For a stepparent, the last condition, or the stepparent relationship during childhood, is usually the one that fits. There is no general "relative" category.

Other points for adult adoptions:

• Your spouse: A married adopter must be joined by the spouse. The exceptions are when the spouse is the adoptee's parent and consents, when the spouses are legally separated, or when the court excuses it for prolonged unexplained absence, unavailability or incapacity (R.C. 3107.03).
• Consent from others: The statute lists parental consent for minors. Whether anyone else must consent to an adult adoption is something to confirm with the clerk or an attorney.
• Home study: No text requires a home study for an adult adoption, and none expressly waives it. The court may continue the hearing for further investigation (R.C. 3107.14).
• Hearing: A hearing is required (R.C. 3107.11). You and the adoptee must appear unless excused for good cause.
• Residency and timeline: There is no duration requirement, and adult adoptions often take about 4-8 weeks.
• Cost: Court filing fees run about $200-$500. The Probate Court clerk in your county can confirm the current amount.