How do I adopt an adult in Ohio?

You adopt an adult in Ohio by filing a petition in the Probate Court, but Ohio only allows it in specific situations, and you attend a court hearing before the adoption is finalized. The typical timeline for an adult adoption is 4-8 weeks.

Who can be adopted. Under R.C. 3107.02, an adult can be adopted only if one of five conditions applies. There is no general "relative" category.

• The adult is totally or permanently disabled.
• The adult has a developmental disability as defined in Ohio law.
• As a minor, the adult had a child-foster caregiver, kinship caregiver or child-stepparent relationship with the people adopting, and the adult consents.
• On their 18th birthday, the adult was in the permanent custody of, or a planned permanent living arrangement with, a public children services agency or private child placing agency, and the adult consents. In this case, the petitioner must request verification from the agency.
• The adult is the child of the petitioner's spouse, and the adult consents.

Who can adopt. An unmarried adopter must be 18 or older (R.C. 7). A married couple adopting together needs only one spouse to be an adult (R.C. 3107.03). A married adopter generally must be joined by their spouse. Exceptions include a spouse who is the adoptee's parent and consents, spouses who are legally separated, or a court excusing it for prolonged unexplained absence, unavailability or incapacity.

Consent. The adult being adopted must consent under the foster/kinship/stepparent, agency-custody and spouse's-child conditions. For the two disability conditions, the statute does not say whether the adoptee's consent is required, so ask the Probate Court clerk. If a minor turns 18 while a petition is pending, the adoptee must submit written consent or objection, and an objection means the petition is dismissed. Ohio's parental consent list in ORC § 3107.06 is written for minors. Whether a birth parent's or the adoptee's spouse's consent matters in an adult case is something to confirm with the clerk or an attorney.

Where to file. The case is filed in the Probate Court. Under ORC § 3107.04, Ohio has no minimum residency period. The county can be where the adoptee was born, where the petitioner, adoptee or adoptee's parent lives when you file, or where the petitioner is stationed in military service.

Home study. The statutory home study (ORC § 3107.031) applies to adopting a minor. Nothing in the text requires one for an adult, though the court may continue the hearing for further investigation under R.C. 3107.14. Your clerk can tell you what your county's judge expects.

The hearing. A hearing is required (R.C. 3107.11). The petitioner and the adoptee must both appear unless the court excuses them for good cause (R.C. 3107.14).

Cost. Court filing fees are typically $200-$500, and your county clerk can give you the exact amount.