RC 3107.18 permits the probate court to issue an order for a foreign birth record. The parents of a minor child whose adoption was finalized in the original country of residence of the child may petition the Probate Court for a new birth record issued by the Ohio Department of Health and/or refinalization of the foreign adoption.

Items necessary to file a Petition to Recognize Foreign Adoption:

• Petitioner(s) must have previously adopted a child in a foreign county and are seeking a birth certificate issued by the State of Ohio;
• Petitioner(s) must be a Shelby County resident(s);
• The Court may elect to set a hearing on the request for a foreign birth record; Petitioner(s) and the child are required to attend said hearing;
• A copy of the foreign birth certificate(s) with a certified English translation of the same;
• A copy of the foreign adoption decree or certificate of adoption with a certified English translation of the same;
• See the Court’s Local Rules Appendix for the cost deposit amount;
• Complete the requirements listed on the Court’s Checklist shown below.

If the Court orders the Department of Health to issue a new Ohio birth record for the child, the Court will send a copy of said Order, along with a Certificate of Adoption form (which Petitioner must complete), to the Ohio Department of Health, Bureau of Vital Statistics. 

The Petitioner is responsible for subsequently requesting a copy of the 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.

Re-finalization of a foreign adoption

Notwithstanding any other provision of law to the contrary, an adoptive parent shall not be required to petition a court in this state for adoption of the child, and the foreign adoption shall be considered final under the laws of this state, if the conditions of division (B)(1) of R.C. 3107.18 are met.

R.C. 3107.18(B):

(B)(1) A final judgment of adoption granted by a judicial, administrative, or executive body of a jurisdiction or country other than the United States shall have the same force and effect in this state as that given to a judgment of adoption entered by a court of competent jurisdiction of this state, without additional proceedings or documentation, if both of the following apply:

(a) Either adopting parent is a resident of this state;

(b) The validity of the foreign adoption has been verified by the granting of an IR-3, IH-3, or a successor immigrant visa, for the child by the citizenship and immigration services of the United States department of homeland security or its successor agency.

(2) Notwithstanding any other provision of law to the contrary, an adoptive parent shall not be required to petition a court in this state for adoption of the child, and the foreign adoption shall be considered final under the laws of this state, if the conditions of division (B)(1) of this section are met.

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.