What are Ohio's adoption laws?

Ohio stepparent adoption is governed by Ohio Revised Code Chapter 3107, and it is handled in the Probate Court in your county. Here are the main points to know.

Where you file: Ohio has 88 counties, and each has its own Probate Court. Local forms and procedures can differ, so the clerk of your county's Probate Court is a good source for local details.

Residency: Ohio has no minimum residency period (ORC § 3107.04). Families who have recently moved to Ohio can still move forward.

Child's consent: Ohio sets a child consent age of 12 (ORC § 3107.06). Whether and how this applies to your child depends on the child's age and your facts.

Abandonment: Ohio uses a 12-month period in its abandonment provision (ORC § 3107.07). Whether it applies to your situation depends on the facts, including contact and support history. If the other parent's consent is an issue, or the other parent is contesting or cannot be found, ask the Probate Court clerk or an attorney about your specific case.

Termination of rights: Termination is not a separate court case in Ohio. It is not a separate step you file on its own.

Home study: Ohio does not waive the home study for stepparent adoptions (ORC § 3107.031). Ask your Probate Court clerk how your county handles scheduling and requirements.

Court appearance: Ohio requires a brief court appearance to finalize a stepparent adoption.

Timeline: Stepparent adoptions in Ohio typically take 3-6 months. Adult adoptions typically take 4-8 weeks.

Adult adoption: Ohio allows adult adoption only in limited situations. They include an adult who is totally or permanently disabled, an adult with a developmental disability, and an adult who is the child of the petitioner's spouse and consents. Other situations involve a prior foster, kinship or stepparent relationship when the adult was a minor, or certain agency custody situations at age 18. There is no general "relative" category. A hearing is required, and the petitioner and the adult being adopted must appear unless the court excuses them for good cause.

Adopter age: An unmarried adopter must be an adult, 18 or older. A married couple adopting together needs only one spouse to be an adult.

Cost: Court filing fees in Ohio typically run $200-$500. Total costs with a document service are typically under $1,000, compared with $3,000-$5,000+ for an attorney.