What if the biological parent lives in Ohio but I live in another state?

Having a biological parent in Ohio does not by itself stop you from adopting under Ohio law, and Ohio has no minimum residency period, so you don't need to have lived in the state for any length of time. What matters is which court is the right one for your family's situation.

Where the case is filed. Stepparent adoptions in Ohio are filed in the Probate Court of a county. Ohio's venue provision (ORC § 3107.04) lists several counties where a petition can be filed, including the county where the child was born and the county where the petitioner, the child, or the child's parent lives when you file. A biological parent who lives in Ohio may therefore connect your case to an Ohio county. Whether your facts fit, or whether your home state's court is the better place to file, is a question for the Probate Court clerk in the Ohio county involved or for an attorney.

What stays the same when you live out of state:

• Consent of an older child. A child who is 12 or older must consent (ORC § 3107.06).
• Abandonment. Ohio uses a 12-month abandonment period (ORC § 3107.07). If the other parent has not maintained meaningful contact or support, this is the section that matters for adoption without that parent's consent.
• Home study. Ohio does not waive the home study for stepparent adoptions (ORC § 3107.031). Ask the clerk how a home study is handled when the adopting parent lives in another state.
• Court appearance. Ohio requires a brief court appearance for finalization, so plan for at least one trip if the case is filed in Ohio.

If the parent is cooperative, contested, or can't be found. Ohio has procedures for cases where the biological parent cannot be located. Contested cases, and the details of notifying a parent in Ohio when you live elsewhere, depend on the facts. The Probate Court clerk can explain the local steps, and an attorney can advise on your specific situation.