Private or Relative Adoption
Private or Relative Adoption
This section applies to an adoption of a chld by a relative or by a private adoption where there is no relationship between the child and the Petitioner(s).
Items necessary to file a Private or Relative Adoption:
- Petitioner(s) must be a Shelby County resident(s), OR meet one of the other statutory venue criteria;
- A certified copy of the child’s birth certificate;
- Petitioner(s) and the child will be required to attend a court hearing;
- An Adoption Assessor will perform a home study;
- See Local Rules Appendix for current cost deposit amount;
- Complete the requirements listed on the Court’s Checklist shown below.
The Petitioner or Petitioner’s attorney will complete the Certificate of Adoption. The completed form will be sent by the Court to the Bureau of Vital Statistics of the state of the child’s birth. The Petitioner is responsible for subsequently requesting a new birth certificate from Vital Statistics; Petitioner should allow 6-8 weeks after the adoption is finalized to request a new birth certificate to allow sufficient processing time by the state.
Frequently Asked Questions
Who May Adopt?
R.C. 3107.03 Who May Adopt – effective 03/20/2025:
The following persons may adopt:
(A) A husband and wife together, at least one of whom is an adult;
(B) An unmarried adult;
(C) 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 consents to 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 consent to 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 consent or refusal of the other spouse.
Who May be Adopted?
R.C. 3107.02 Who may be adopted; placement period before adoption – effective 03/20/2025:
A) Any minor may be adopted.
(1) A final decree of adoption shall not be issued and an interlocutory order of adoption does not become final until the person to be adopted has lived in the adoptive home for at least six months after placement by an agency, or for at least six months after the department of job and family services or the court has been informed of the placement of the person with the petitioner, and the department or court has had an opportunity to observe or investigate the adoptive home, or in the case of adoption by a stepparent, until at least six months after the filing of the petition, or until the child has lived in the home for at least six months.
(2) In the case of a foster caregiver adopting a foster child, a person adopting a child to whom the person is related, a kinship caregiver, a legal custodian, or a guardian adopting a child, the court shall apply the amount of time the child lived in the home of the foster caregiver, relative, kinship caregiver, legal custodian, or guardian prior to the date the foster caregiver, relative, kinship caregiver, legal custodian, or guardian files the petition to adopt the child toward the six-month waiting period established by division (A)(1) of this section.
(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 a developmental disability, as defined in section 5123.01 of the Revised Code;
(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) 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.
Who Must Consent?
Questions concerning consent should be directed to an attorney.
R.C. 3107.06 Consent to Adoption – effective 03/20/2025:
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 parents of the minor, including if any of the following apply:
(1) The minor was conceived or born while the parents were married;
(2) The minor is the child of the parent 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 a parent and child relationship exists;
(4) The parent 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.
(B) The putative father of the minor;
(C) Any person or agency having permanent custody of the minor or authorized by court order to consent;
(D) 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.
Where Should I File for Adoption?
The Probate Court has exclusive jurisdiction over adoptions and an adoption is required to be filed in the Probate Court of the county where any one of the following applies:
R.C. 3107.04 (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.
Is a Home Study Necessary?
Yes. Except for adoption of an adult, a home study is statutorily required. With an agency adoption, the agency will conduct the home study. In other types of adoptions, the Petitioner employs a qualified, Court approved, adoption assessor to conduct the home study.
Must I Have an Attorney?
Section 3107.011 | Arranging adoptions – effective 03/20/2025:
(A) Except for an adoption by a stepparent, a grandparent, adult sibling, a legal custodian, or a guardian, 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. As used in this chapter, “grandparent,” “adult sibling,” “legal custodian,” and “guardian” include that individual’s spouse when a joint adoption is pending.
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.
Must I Appear in Court with the Child being Adopted?
Yes. It is mandatory, whether adopting through an agency, or independently, that the person adopting and the child or children sought to be adopted appear before the Probate Court for the final hearing. In certain circumstances, there may be other appearances required. Exceptions can only be granted by the Court for good cause shown.
Is the Birth Certificate Changed?
Yes. The original birth certificate will be sealed and a new birth certificate issued. The adopting parent or parents will be reflected on the birth certificate, just as though they had been the biological parents.
A new birth certificate is requested, and can be obtained, by the Petitioner for a child born in Ohio from the Ohio Bureau of Vital Statistics.
The address of the Bureau of Vital Statistics is:
Ohio Department of Health
Bureau of Vital Statistics
P.O. Box 15098
Columbus, OH 43215
Children adopted in Ohio, but born in other states, obtain their new birth certificates from the bureau of vital statistics of the state where they were born.
How do I access my Adoption records?
Consult the Ohio Department of Health website, “Adoption Information” webpage for information on access to adoption records. The availability of adoption records varies with the date that the adoption occurred.
Standard Probate Forms
For all Standard Probate Forms click here.
For Checklists and Forms exclusive to Shelby County Probate Court, see the forms section below.