reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.01 | Adoption Definitions.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
As used in sections 3107.01 to 3107.19 of the Revised Code:
(A) "Agency" means any public or private organization certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption.
(B) "Attorney" means a person who has been admitted to the bar by order of the Ohio supreme court.
(C) "Child" means a son or daughter, whether by birth or by adoption.
(D) "Court" means the probate courts of this state, and when the context requires, means the court of any other state empowered to grant petitions for adoption.
(E) "Foster caregiver" has the same meaning as in section 5103.02 of the Revised Code.
(F) "Identifying information" means any of the following with regard to a person: first name, last name, maiden name, alias, social security number, address, telephone number, place of employment, number used to identify the person for the purpose of the statewide education management information system established pursuant to section 3301.0714 of the Revised Code, and any other number federal or state law requires or permits to be used to identify the person.
(G) "Minor" means a person under the age of eighteen years.
(H) "Putative father" means a man, including one under age eighteen, who may be a child's father and to whom all of the following apply:
(1) He is not married to the child's mother at the time of the child's conception or birth;
(2) He has not adopted the child;
(3) He has not been determined, prior to the date a petition to adopt the child is filed, to have a parent and child relationship with the child by a court proceeding pursuant to sections 3111.01 to 3111.18 of the Revised Code, a court proceeding in another state, an administrative agency proceeding pursuant to sections 3111.38 to 3111.54 of the Revised Code, or an administrative agency proceeding in another state;
(4) He has not acknowledged paternity of the child pursuant to sections 3111.21 to 3111.35 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.011 | Arranging Adoptions.

Effective:
September 21, 2006
Latest Legislation:
Senate Bill 238 - 126th General Assembly
(A) A person seeking to adopt a minor shall utilize an agency or attorney to arrange the adoption. Only an agency or attorney may arrange an adoption. An attorney may not represent with regard to the adoption both the person seeking to adopt and the parent placing a child for adoption.
Any person may informally aid or promote an adoption by making a person seeking to adopt a minor aware of a minor who will be or is available for adoption.
(B) A person seeking to adopt a minor who knowingly makes a false statement that is included in an application submitted to an agency or attorney to obtain services of that agency or attorney in arranging an adoption is guilty of the offense of falsification under section 2921.13 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.012 | Applying for Adoption by Foster Caregiver.

Effective:
April 7, 2009
Latest Legislation:
House Bill 7 - 127th General Assembly
(A) A foster caregiver may use the application prescribed under division (B) of this section to obtain the services of an agency to arrange an adoption for the foster caregiver if the foster caregiver seeks to adopt the foster caregiver's foster child who has resided in the foster caregiver's home for at least six months prior to the date the foster caregiver submits the application to the agency.
(B) The department of job and family services shall prescribe an application for a foster caregiver to use under division (A) of this section. The application shall not require that the foster caregiver provide any information the foster caregiver already provided the department, or undergo an inspection the foster caregiver already underwent, to obtain a foster home certificate under section 5103.03 of the Revised Code.
(C) An agency that receives an application prescribed under division (B) of this section from a foster caregiver authorized to use the application shall not require, as a condition of the agency accepting or approving the application, that the foster caregiver undergo a criminal records check under section 2151.86 of the Revised Code as a prospective adoptive parent. The agency shall inform the foster caregiver, in accordance with division (G) of section 2151.86 of the Revised Code, that the foster caregiver must undergo the criminal records check before a court may issue a final decree of adoption or interlocutory order of adoption under section 3107.14 of the Revised Code.
Last updated September 28, 2023 at 10:51 AM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.013 | Furnishing Information to Foster Caregiver Seeking to Adopt Child.

Effective:
March 15, 2002
Latest Legislation:
Senate Bill 27 - 124th General Assembly
An agency arranging an adoption pursuant to an application submitted to the agency under section 3107.012 of the Revised Code for a foster caregiver seeking to adopt the foster caregiver's foster child shall provide the foster caregiver information about adoption, including information about state adoption law, adoption assistance available pursuant to section 5153.163 of the Revised Code and Title IV-E of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as amended, the types of behavior that the prospective adoptive parents may anticipate from children who have experienced abuse and neglect, suggested interventions and the assistance available if the child exhibits those types of behavior after adoption, and other adoption issues the department of job and family services identifies. The agency shall provide the information to the foster caregiver in accordance with rules the department of job and family services shall adopt in accordance with Chapter 119. of the Revised Code.
Last updated September 27, 2023 at 1:23 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.015 | Education Programs for Assessors.

Effective:
September 21, 2006
Latest Legislation:
Senate Bill 238 - 126th General Assembly
The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code governing the training an individual must complete for the purpose of division (A)(3) of section 3107.014 of the Revised Code. The training shall include courses on adoption placement practice, federal and state adoption assistance programs, and post adoption support services.
Last updated September 28, 2023 at 10:53 AM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.016 | Schedule of Education Programs.

Effective:
September 21, 2006
Latest Legislation:
Senate Bill 238 - 126th General Assembly
The department of job and family services shall develop a schedule of training that meets the requirements established in rules adopted pursuant to section 3107.015 of the Revised Code. The schedule shall include enough training to provide all agencies equal access to the training. The department shall distribute the schedule to all agencies.
Last updated September 27, 2023 at 1:29 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.017 | Standardized Form for Disclosure of Information.

Effective:
March 15, 2002
Latest Legislation:
Senate Bill 27 - 124th General Assembly
The department of job and family services shall develop a standardized form for the disclosure of information about a prospective adoptive child to prospective adoptive parents. The information disclosed shall include all background information available on the child. The department shall distribute the form to all agencies.
Last updated September 28, 2023 at 10:54 AM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.02 | Who May Be Adopted - Physical Examination.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) Any minor may be adopted.
(B) An adult may be adopted under any of the following conditions:
(1) If the adult is totally or permanently disabled;
(2) If the adult is determined to be a person with an intellectual disability;
(3) If the adult had established a child-foster caregiver, kinship caregiver, or child-stepparent relationship with the petitioners as a minor, and the adult consents to the adoption;
(4) If the adult was, at the time of the adult's eighteenth birthday, in the permanent custody of or in a planned permanent living arrangement with a public children services agency or a private child placing agency, and the adult consents to the adoption;
(5) If the adult is the child of the spouse of the petitioner, and the adult consents to the adoption.
(C) When proceedings to adopt a minor are initiated by the filing of a petition, and the eighteenth birthday of the minor occurs prior to the decision of the court, the court shall require the person who is to be adopted to submit a written statement of consent or objection to the adoption. If an objection is submitted, the petition shall be dismissed, and if a consent is submitted, the court shall proceed with the case, and may issue an interlocutory order or final decree of adoption.
(D) Any physical examination of the individual to be adopted as part of or in contemplation of a petition to adopt may be conducted by any health professional authorized by the Revised Code to perform physical examinations, including a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife. Any written documentation of the physical examination shall be completed by the healthcare professional who conducted the examination.
(E) An adult who consents to an adoption pursuant to division (B)(4) of this section shall provide the court with the name and contact information of the public children services agency or private child placing agency that had permanent custody of or a planned permanent living arrangement with that adult. The petitioner shall request verification from the agency as to whether the adult was or was not in the permanent custody of or in a planned permanent living arrangement with that agency at the time of the adult's eighteenth birthday and provide the verification to the court.
(F) As used in this section:
(1) "Developmental disability" has the same meaning as in section 5123.01 of the Revised Code.
(2) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code.
(3) "Permanent custody" and "planned permanent living arrangement" have the same meanings as in section 2151.011 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.03 | Who May Adopt.

Effective:
September 18, 1996
Latest Legislation:
House Bill 419 - 121st General Assembly
The following persons may adopt:
(A) A husband and wife together, at least one of whom is an adult;
(B) An unmarried adult;
(C) The unmarried minor parent of the person to be adopted;
(D) A married adult without the other spouse joining as a petitioner if any of the following apply:
(1) The other spouse is a parent of the person to be adopted and supports the adoption;
(2) The petitioner and the other spouse are separated under section 3103.06 or 3105.17 of the Revised Code;
(3) The failure of the other spouse to join in the petition or to support the adoption is found by the court to be by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances that make it impossible or unreasonably difficult to obtain either the support or refusal of the other spouse.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.031 | Assessor to Conduct Home Study - False Statements.

Effective:
April 7, 2009
Latest Legislation:
House Bill 7 - 127th General Assembly
Except as otherwise provided in this section, an assessor shall conduct a home study for the purpose of ascertaining whether a person seeking to adopt a minor is suitable to adopt. A written report of the home study shall be filed with the court at least ten days before the petition for adoption is heard.
A person seeking to adopt a minor who knowingly makes a false statement that is included in the written report of a home study conducted pursuant to this section is guilty of the offense of falsification under section 2921.13 of the Revised Code, and such a home study shall not be filed with the court. If such a home study is filed with the court, the court may strike the home study from the court's records.
The report shall contain the opinion of the assessor as to whether the person who is the subject of the report is suitable to adopt a minor, any multiple children assessment required under section 3107.032 of the Revised Code, and other information and documents specified in rules adopted by the director of job and family services under section 3107.033 of the Revised Code. The assessor shall not consider the person's age when determining whether the person is suitable to adopt if the person is old enough to adopt as provided by section 3107.03 of the Revised Code.
An assessor may request departments or agencies within or outside this state to assist in the home study as may be appropriate and to make a written report to be included with and attached to the report to the court. The assessor shall make similar home studies and reports on behalf of other assessors designated by the courts of this state or another place.
Upon order of the court, the costs of the home study and other proceedings shall be paid by the person seeking to adopt, and, if the home study is conducted by a public agency or public employee, the part of the cost representing any services and expenses shall be taxed as costs and paid into the state treasury or county treasury, as the court may direct.
On request, the assessor shall provide the person seeking to adopt a copy of the report of the home study. The assessor shall delete from that copy any provisions concerning the opinion of other persons, excluding the assessor, of the person's suitability to adopt a minor.
This section does not apply to a foster caregiver seeking to adopt the foster caregiver's foster child if the foster child has resided in the foster caregiver's home for at least six months prior to the date the foster caregiver submits an application prescribed under division (B) of section 3107.012 of the Revised Code to the agency arranging the adoption.
Last updated September 27, 2023 at 1:31 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.032 | Multiple Children Assessment - When Required.

Effective:
September 21, 2006
Latest Legislation:
Senate Bill 238 - 126th General Assembly
(A) Except as provided in division (C) of this section, each time a person seeking to adopt a minor or foster child will have at least five children residing in the prospective adoptive home after the minor or foster child to be adopted is placed in the home, an assessor, on behalf of an agency or attorney arranging an adoption pursuant to sections 3107.011 or 3107.012 of the Revised Code, shall complete a multiple children assessment during the home study. The multiple children assessment shall evaluate the ability of the person seeking to adopt in meeting the needs of the minor or foster child to be adopted and continuing to meet the needs of the children residing in the home. The assessor shall include the multiple children assessment in the written report of the home study filed pursuant to section 3107.031 of the Revised Code.
(B) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code necessary for an assessor to complete a multiple children assessment.
(C) This section does not apply to an adoption by a stepparent whose spouse is a biological or adoptive parent of the minor to be adopted.
Last updated September 28, 2023 at 10:55 AM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.033 | Home Study and Report Rules.

Effective:
April 7, 2009
Latest Legislation:
House Bill 7 - 127th General Assembly
Not later than June 1, 2009, the director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code specifying both of the following:
(A) The manner in which a home study is to be conducted and the information and documents to be included in a home study report, which shall include, pursuant to section 3107.034 of the Revised Code, a summary report of a search of the uniform statewide automated child welfare information system established in section 5101.13 of the Revised Code and a report of a check of a central registry of another state if a request for a check of a central registry of another state is required under division (A) of section 3107.034 of the Revised Code. The director shall ensure that rules adopted under this section align the home study content, time period, and process with any foster care home study content, time period, and process required by rules adopted under section 5103.03 of the Revised Code.
(B) A procedure under which a person whose application for adoption has been denied as a result of a search of the uniform statewide automated child welfare information system established in section 5101.13 of the Revised Code as part of the home study may appeal the denial to the agency that employed the assessor who filed the report.
Last updated September 27, 2023 at 1:41 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.035 | Search of National Sex Offender Web Site.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) At the time of the initial home study, and every two years thereafter, if the home study is updated, and until it becomes part of a final decree of adoption or an interlocutory order of adoption, the agency or attorney that arranges an adoption for the prospective adoptive parent shall conduct a search of the United States department of justice national sex offender public web site regarding the prospective adoptive parent and all persons eighteen years of age or older who reside with the prospective adoptive parent.
(B) A petition for adoption may be denied based solely on the results of the search of the national sex offender public web site.
(C) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code necessary for the implementation and execution of this section.
Last updated September 28, 2023 at 10:56 AM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.04 | Filing Petition - Caption.

Effective:
January 1, 1977
Latest Legislation:
House Bill 156 - 111th General Assembly
(A) A petition for adoption shall be filed in the court in the county in which the person to be adopted was born, or in which, at the time of filing the petition, the petitioner or the person to be adopted or parent of the person to be adopted resides, or in which the petitioner is stationed in military service, or in which the agency having the permanent custody of the person to be adopted is located.
(B) If the court finds in the interest of justice that the case should be heard in another forum, the court may stay the proceedings or dismiss the petition in whole or in part on any conditions that are just, or certify the case to another court.
(C) The caption of a petition for adoption shall be styled, "in the matter of adoption of __________________". The person to be adopted shall be designated in the caption under the name by which he is to be known if the petition is granted.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.05 | Contents of Petition.

Effective:
January 1, 1977
Latest Legislation:
House Bill 156 - 111th General Assembly
(A) A petition for adoption shall be prepared and filed according to the procedure for commencing an action under the Rules of Civil Procedure. It shall include the following information:
(1) The date and place of birth of the person to be adopted, if known;
(2) The name of the person to be adopted, if known;
(3) The name to be used for the person to be adopted;
(4) The date of placement of a minor and the name of the person placing the minor;
(5) The full name, age, place, and duration of residence of the petitioner;
(6) The marital status of the petitioner, including the date and place of marriage, if married;
(7) The relationship to the petitioner of the person to be adopted;
(8) That the petitioner has facilities and resources suitable to provide for the nurture and care of the person to be adopted, and that it is the desire of the petitioner to establish the relationship of parent and child with the person to be adopted;
(9) A description and estimate of value of all property of the person to be adopted;
(10) The name and address, if known, of any person whose consent to the adoption is required, but who has not consented, and facts that explain the lack of the consent normally required to the adoption.
(B) A certified copy of the birth certificate of the person to be adopted, if available, and ordinary copies of the required consents, and relinquishments of consents, if any, shall be filed with the clerk.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.051 | Time for Filing.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
(A) Except as provided in division (B) of this section, a person seeking to adopt a minor, or the agency or attorney arranging the adoption, shall submit a petition for the minor's adoption no later than ninety days after the date the minor is placed in the person's home. Failure to file a petition within the time provided by this division does not affect a court's jurisdiction to hear the petition and is not grounds for denying the petition.
(B) This section does not apply if any of the following apply:
(1) The person seeking to adopt the minor is the minor's stepparent;
(2) The minor was not originally placed in the person's home with the purpose of the person adopting the minor;
(3) The minor is a "child with special needs," as defined by the director of job and family services in accordance with section 5153.163 of the Revised Code.
Last updated September 27, 2023 at 1:46 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.06 | Consent to Adoption.

Effective:
April 7, 2009
Latest Legislation:
House Bill 7 - 127th General Assembly
Unless consent is not required under section 3107.07 of the Revised Code, a petition to adopt a minor may be granted only if written consent to the adoption has been executed by all of the following:
(A) The mother of the minor;
(B) The father of the minor, if any of the following apply:
(1) The minor was conceived or born while the father was married to the mother;
(2) The minor is his child by adoption;
(3) Prior to the date the petition was filed, it was determined by a court proceeding pursuant to sections 3111.01 to 3111.18 of the Revised Code, a court proceeding in another state, an administrative proceeding pursuant to sections 3111.38 to 3111.54 of the Revised Code, or an administrative proceeding in another state that he has a parent and child relationship with the minor;
(4) He acknowledged paternity of the child and that acknowledgment has become final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code.
(C) The putative father of the minor;
(D) Any person or agency having permanent custody of the minor or authorized by court order to consent;
(E) The minor, if more than twelve years of age, unless the court, finding that it is in the best interest of the minor, determines that the minor's consent is not required.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.061 | Putative Father on Notice That Consent Unnecessary.

Effective:
June 20, 1996
Latest Legislation:
House Bill 419 - 121st General Assembly
A man who has sexual intercourse with a woman is on notice that if a child is born as a result and the man is the putative father, the child may be adopted without his consent pursuant to division (B) of section 3107.07 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.062 | Putative Father Registry.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 250 - 130th General Assembly
The department of job and family services shall establish a putative father registry. To register, a putative father must complete a registration form prescribed under section 3107.065 of the Revised Code and submit it to the department. The registration form shall include the putative father's name; the name of the mother of the person he claims as his child; and the address or telephone number at which he wishes to receive, pursuant to section 3107.11 of the Revised Code, notice of any petition that may be filed to adopt a minor he claims as his child.
A putative father may register at any time. For the purpose of preserving the requirement of his consent to an adoption, a putative father shall register before or not later than fifteen days after the birth of the child. No fee shall be charged for registration.
On receipt of a completed registration form, the department shall indicate on the form the date of receipt and file it in the putative father registry. The department shall maintain registration forms in a manner that enables it to access a registration form using either the name of the putative father or of the mother.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.063 | Searching Putative Father Registry.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 250 - 130th General Assembly
(A) An attorney arranging a minor's adoption, a mother, a public children services agency, a private noncustodial agency, or a private child placing agency may request at any time that the department of job and family services search the putative father registry to determine whether a man is registered as the minor's putative father. The request shall include the mother's name. On receipt of the request, the department shall search the registry. If the department determines that a man is registered as the minor's putative father, it shall provide the attorney, mother, or agency a certified copy of the man's registration form. If the department determines that no man is registered as the minor's putative father, it shall provide the attorney, mother, or agency a certified written statement to that effect. The department shall specify in the statement the date the search request was submitted. No fee shall be charged for searching the registry.
Division (B) of section 3107.17 of the Revised Code does not apply to this section.
(B) If the department of job and family services provides a certified copy of a putative father's registration form pursuant to division (A) of this section, the department also shall provide a written notice to the putative father:
(1) That he may be the father of the minor he claims as his child on the registration form;
(2) That the minor is being or may be placed for adoption; and
(3) Of his right to consent or refuse to consent to the minor's adoption to the extent provided under Chapter 3107. of the Revised Code.
(C) The department shall provide the notice under this section not later than ten business days after the date it provides the certified copy of the registration form pursuant to division (A) of this section.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.064 | Filing Certified Results of Search.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 250 - 130th General Assembly
(A) Except as provided in division (B) of this section, a court shall not issue a final decree of adoption or finalize an interlocutory order of adoption unless the mother placing the minor for adoption or the agency or attorney arranging the adoption files with the court a certified document provided by the department of job and family services under section 3107.063 of the Revised Code. The court shall not accept the document unless the date the department places on the document pursuant to that section is sixteen or more days after the date of the minor's birth.
(B) The document described in division (A) of this section is not required if any of the following apply:
(1) The mother was married at the time the minor was conceived or born;
(2) The parent placing the minor for adoption previously adopted the minor;
(3) Prior to the date a petition to adopt the minor is filed, a man has been determined to have a parent and child relationship with the minor by a court proceeding pursuant to sections 3111.01 to 3111.18 of the Revised Code, a court proceeding in another state, an administrative agency proceeding pursuant to sections 3111.38 to 3111.54 of the Revised Code, or an administrative agency proceeding in another state;
(4) The minor's father acknowledged paternity of the minor and that acknowledgment has become final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code;
(5) A public children services agency has permanent custody of the minor pursuant to Chapter 2151. or division (B) of section 5103.15 of the Revised Code after both parents lost or surrendered parental rights, privileges, and responsibilities over the minor.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.065 | Rules Governing Registry - Promoting Awareness.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
Not later than ninety days after the effective date of this section, the director of job and family services shall do both of the following:
(A) Adopt rules in accordance with Chapter 119. of the Revised Code governing the putative father registry. The rules shall establish the registration form to be used by a putative father under section 3107.062 of the Revised Code.
(B) Establish a campaign to promote awareness of the putative father registry. The campaign shall include informational materials about the registry.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.066 | References to Department of Human Services Replaced.

Effective:
August 14, 2008
Latest Legislation:
Senate Bill 163 - 127th General Assembly
(A) Notwithstanding the provisions of the versions of former sections 3107.06 and 3107.07 of the Revised Code that, pursuant to Section 5 of Am. Sub. H.B. 419 of the 121st general assembly, apply regarding a putative father's consent to the adoption of any child born prior to January 1, 1997, on and after the effective date of this section, both of the following apply:
(1) The references in division (F)(4) of former section 3107.06 of the Revised Code to the department of human services are repealed, and division (F)(4) of that former section shall be considered as reading, and shall be applicable, as follows: "Has filed an objection to the adoption with the agency having custody of the minor at any time before the placement of the minor in the home of the petitioner, or with the probate court within thirty days of the filing of a petition to adopt the minor or its placement in the home of the petitioner, whichever occurs first."
(2) The references in division (B) of former section 3107.07 of the Revised Code to the department of human services are repealed, and division (B) of that former section shall be considered as reading, and shall be applicable, as follows: "The putative father of a minor if the putative father fails to file an objection with the court or the agency having custody of the minor as provided in division (F)(4) of section 3107.06 of the Revised Code, or files an objection with the court or agency and the court finds, after proper service of notice and hearing, that he is not the father of the minor, or that he has willfully abandoned or failed to care for and support the minor, or abandoned the mother of the minor during her pregnancy and up to the time of her surrender of the minor, or its placement in the home of the petitioner, whichever occurs first."
(B) As used in this section:
(1) "Former section 3107.06 of the Revised Code" means the version of that section that was in effect immediately prior to September 18, 1996, and that was amended by Am. Sub. H.B. 419 of the 121st general assembly.
(2) "Former section 3107.07 of the Revised Code" means the version of that section that was in effect immediately prior to September 18, 1996, and that was amended by Am. Sub. H.B. 419 of the 121st general assembly.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.067 | Notice to Putative Father of Intent to Put Child Up for Adoption.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 250 - 130th General Assembly
(A) Before the birth of a child and with the written consent of the mother of the child, any of the following may serve or caused to be served actual notice to a putative father of the child that the mother of the child is considering placing the child for adoption:
(1) An agency;
(2) An attorney representing the person seeking to adopt the child;
(3) An attorney representing the mother of the child.
(B) As used in this section, "actual notice" means written notice that is actually received by the putative father and includes personal service or certified mail, return receipt requested.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.068 | Obligation of Mother.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 250 - 130th General Assembly
The mother of a child is not obligated to place the child for adoption even if notice is served to a putative father of the child under section 3107.067 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.069 | Proof of Notice.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 250 - 130th General Assembly
(A) If notice to a putative father is served by a party listed in division (A)(1) or (2) of section 3107.067 of the Revised Code, an agency or an attorney representing the person seeking to adopt a child, when filing a petition for adoption of the child, shall submit to the court an affidavit setting forth the circumstances surrounding the service of actual notice including the time, if known, date, and manner in which the actual notice was provided.
(B) If notice to a putative father is served by a party listed in division (A)(3) of section 3107.067 of the Revised Code, an agency or an attorney representing the person seeking to adopt a child, when filing a petition for adoption of the child, shall submit to the court an affidavit prepared by the attorney representing the mother of the child setting forth the circumstances surrounding the service of actual notice including the time, if known, date, and manner in which the actual notice was provided.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.0611 | Notice to Putative Father.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 250 - 130th General Assembly
Notice served under section 3107.067 of the Revised Code shall be provided to the putative father of the child in substantially the following form:
"_________________________ (putative father's name), who has been named as the father of the unborn child of _________________________ (birth mother's name), or who claims to be the father of the unborn child, is notified that _________________________ (birth mother's name) has expressed an intention to place the child for adoption.
On receipt of this notice, _________________________ (putative father's name) may file an action under section 3111.04 of the Revised Code.
Under Ohio law, a putative father means a man, including one under age eighteen, who may be a child's father and to whom all of the following apply:
(1) He is not married to the child's mother at the time of the child's conception or birth.
(2) He has not adopted the child.
(3) He has not been determined, prior to the date a petition to adopt the child is filed, to have a parent and child relationship with the child by a court proceeding pursuant to sections 3111.01 to 3111.18 of the Revised Code, a court proceeding in another state, an administrative agency proceeding pursuant to sections 3111.38 to 3111.54 of the Revised Code, or an administrative agency proceeding in another state.
(4) He has not acknowledged paternity of the child pursuant to sections 3111.20 to 3111.35 of the Revised Code.
For purposes of this notice, _________________________ (putative father's name) is a putative father under the laws in Ohio regarding adoption."
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.0612 | Paternity Action by Putative Father.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 250 - 130th General Assembly
A putative father who receives a notice as provided in section 3107.067 of the Revised Code may file an action under section 3111.04 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.0613 | Notice of Filing of Paternity Action.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 250 - 130th General Assembly
A putative father who has filed an action under section 3111.04 of the Revised Code shall notify the agency or attorney who served or caused to be served the notice that he has filed that action not later than thirty days after filing that action.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.0614 | Validity of Notice.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 250 - 130th General Assembly
(A) A notice served in accordance with section 3107.067 of the Revised Code on a putative father who is a resident of Ohio is valid regardless of whether the notice is served within or outside Ohio.
(B) A notice served in accordance with section 3107.067 of the Revised Code outside Ohio on a putative father who is not a resident of Ohio is valid if the child was conceived:
(1) In Ohio; or
(2) Outside Ohio, if the laws of the state in which the father is served notice or resides or in which the child was conceived allow a putative father to file an action to determine parentage of the child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.071 | Effect of Voluntary Permanent Custody Surrender Agreement.

Effective:
March 20, 2015
Latest Legislation:
Senate Bill 23 - 130th General Assembly
If a parent enters into a voluntary permanent custody surrender agreement under division (B)(2) of section 5103.15 of the Revised Code on or after September 18, 1996, the parent's consent to the adoption of the child who is the subject of the agreement is required unless all of the following requirements are met:
(A) In the case of a parent whose child, if adopted, will be an adopted person as defined in section 3107.45 of the Revised Code:
(1) The parent does all of the following:
(a) Signs the component of the form prescribed under division (A)(1)(a) of section 3107.083 of the Revised Code;
(b) Checks either the "yes" or "no" space provided on the component of the form prescribed under division (A)(1)(b) of section 3107.083 of the Revised Code and signs that component;
(c) If the parent is the mother, completes and signs the component of the form prescribed under division (A)(1)(c) of section 3107.083 of the Revised Code.
(2) The agency provides the parent the opportunity to sign, if the parent chooses to do so, the components of the form prescribed under divisions (A)(1)(d), (e), and (f) of section 3107.083 of the Revised Code;
(3) The agency files with the juvenile and probate courts the form prescribed under division (A)(1) of section 3107.083 of the Revised Code signed by the parent, provides a copy of the form signed by the parent to the parent, and keeps a copy of the form signed by the parent in the agency's records.
The court shall keep a copy of the form signed by the parent in the court records.
(B) In the case of a parent whose child, if adopted, will be an adopted person as defined in section 3107.38 of the Revised Code:
(1) The parent does both of the following:
(a) Signs the component of the form prescribed under division (B)(1)(a) of section 3107.083 of the Revised Code;
(b) If the parent is the mother, completes and signs the component of the form prescribed under division (B)(1)(b) of section 3107.083 of the Revised Code.
(2) The agency provides the parent the opportunity to sign, if the parent chooses to do so, the components of the form prescribed under divisions (B)(1)(c), (d), and (e) of section 3107.083 of the Revised Code at the time the parent enters into the agreement with the agency;
(3) The agency files the form signed by the parent with the juvenile and probate courts, provides a copy of the form signed by the parent to the parent, and keeps a copy of the form signed by the parent in the agency's records.
The court shall keep a copy of the form signed by the parent in the court records.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.08 | Executing Consent.

Effective:
September 18, 1996
Latest Legislation:
House Bill 419 - 121st General Assembly
(A) The required consent to adoption may be executed at any time after seventy-two hours after the birth of a minor, and shall be executed in the following manner:
(1) If by the person to be adopted, in the presence of the court;
(2) If by a parent of the person to be adopted, in accordance with section 3107.081 of the Revised Code;
(3) If by an agency, by the executive head or other authorized representative, in the presence of a person authorized to take acknowledgments;
(4) If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments;
(5) If by a juvenile court, by appropriate order.
(B) A consent which does not name or otherwise identify the prospective adoptive parent is valid if it contains a statement by the person giving consent that it was voluntarily executed irrespective of disclosure of the name or other identification of the prospective adoptive parent.
Last updated February 16, 2022 at 11:38 AM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.082 | Duties of Assessor Prior to Execution of Consent.

Effective:
March 20, 2015
Latest Legislation:
Senate Bill 23 - 130th General Assembly
Not less than seventy-two hours prior to the date a parent executes consent to the adoption of the parent's child under section 3107.081 of the Revised Code, an assessor shall meet in person with the parent and do both of the following unless the child is to be adopted by a stepparent or the parent resides in another state:
(A) Provide the parent with a copy of the written materials about adoption prepared under division (C) of section 3107.083 of the Revised Code, discuss with the parent the adoption process and ramifications of a parent consenting to a child's adoption, and provide the parent the opportunity to review the materials and to ask questions about the materials, discussion, and related matters;
(B) If the child, if adopted, will be an adopted person as defined in section 3107.45 of the Revised Code, inform the parent that the child and the adoptive parent may receive, in accordance with section 3107.47 of the Revised Code, identifying information about the parent that is contained in the child's adoption file maintained by the department of health unless the parent checks the "no" space provided on the component of the form prescribed under division (A)(1)(b) of section 3107.083 of the Revised Code or signs and has filed with the department a denial of release form prescribed under section 3107.50 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.084 | Withdrawing Consent.

Effective:
September 18, 1996
Latest Legislation:
House Bill 419 - 121st General Assembly
(A) A consent to adoption is irrevocable and cannot be withdrawn after the entry of an interlocutory order or after the entry of a final decree of adoption when no interlocutory order has been entered. The consent of a minor is not voidable by reason of the minor's age.
(B) A consent to adoption may be withdrawn prior to the entry of an interlocutory order or prior to the entry of a final decree of adoption when no interlocutory order has been entered if the court finds after hearing that the withdrawal is in the best interest of the person to be adopted and the court by order authorizes the withdrawal of consent. Notice of the hearing shall be given to the petitioner, the person seeking the withdrawal of consent, and the agency placing the minor for adoption.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3107 | Adoption › Section 3107.10 | Out-of-County Adoption - Notice to Agency Where Parent Resides.

Effective:
September 21, 2006
Latest Legislation:
Senate Bill 238 - 126th General Assembly
(A)(1) A public children services agency arranging an adoption in a county other than the county where that public children services agency is located, private child placing agency, or private noncustodial agency, or an attorney arranging an adoption, shall notify the public children services agency in the county in which the prospective adoptive parent resides within ten days after initiation of a home study required under section 3107.031 of the Revised Code.
(2) After a public children services agency has received notification pursuant to division (A)(1) of this section, both the public children services agency arranging an adoption in a county other than the county where that public children services agency is located, private child placing agency, private noncustodial agency, or attorney arranging an adoption, and the public children services agency shall share relevant information regarding the prospective adoptive parent as soon as possible after initiation of the home study.
(B) A public children services agency arranging an adoption in a county other than the county where that public children services agency is located, private child placing agency, or private noncustodial agency, or an attorney arranging an adoption, shall notify the public children services agency in the county in which the prospective adoptive parent resides of an impending adoptive placement not later than ten days prior to that placement. Notification shall include a description of the special needs and the age of the prospective adoptive child and the name of the prospective adoptive parent and number of children that will be residing in the prospective adoptive home when the prospective adoptive child is placed in the prospective adoptive home.
(C) An agency or attorney sharing relevant information pursuant to this section is immune from liability in a civil action to recover damages for injury, death, or loss to person or property allegedly caused by any act or omission in connection with sharing relevant information unless the acts or omissions are with malicious purpose, in bad faith, or in a wanton or reckless manner.
(D) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code necessary for the implementation and execution of this section, including, but not limited to, a definition of "relevant information" for the purposes of division (A) of this section.
(E) This section does not apply to an adoption by a stepparent whose spouse is a biological or adoptive parent of the minor to be adopted.
Last updated September 29, 2023 at 9:05 AM