Placement
for Adoption
Items necessary to file for Placement of a child for purposes of 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, once obtained after birth;
- Birth mother will be required to attend a court hearing to execute Consent in presence of Court;
- Applicant(s)/Prospective Adoptive Parent(s) and minor 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.
After the statutory waiting period to finalize the adoption, the Court will send the Bureau of Vital statistics of the state of the child’s birth a Certificate of Adoption form. 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 file for a Private Adoption?
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 through a Private Adoption?
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.
What is a Private Adoption?
In this instance, a licensed adoption agency is not involved. It is generally handled by a private attorney working directly with the Court and an attorney representing the party(ies) relinquishing parental right. On occasion, the child may be related to persons seeking to adopt, such as a grandchild, niece, nephew, etc. Other times, there is no relationship between the child to be adopted and those adopting.
Who Must Consent?
Questions concerning consent should be directed to an attorney.
R.C. 3107.06 Consent to Adoption – effective 03/20/25:
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.
What is Preplacement?
A preplacement petition may be filed by the attorney for the Petitioner(s) in an anticipation of a future adoption being filed.
What are the Rights of an Unwed Father or Putative Father?
An unwed father, known as a putative father, should promptly seek legal counsel to ascertain how his rights can be protected. One method to preserve rights to consent to an adoption of a child born after January 1, 1997 is to TIMELY register with the Ohio Department of Job and Family Services, Putative Father Registry.
Click here for more information on the Putative Father Registry.
Section 3107.01 | Adoption definitions. (effective 03/20/25)
(S) “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.
What is an Open Adoption?
As an alternative to a traditional closed adoption where identities are not disclosed, an open adoption occurs when both the natural and adopting parents, prior to the adoption, voluntarily disclose their identities to each other. Open adoption law applies only to non-relative adoptions, and may involve a non-binding agreement for contact between the adopted child and the natural parent(s). However, all parental control of the adopted child remains with the adopting parents.
Where Should I File for Adoption?
The Probate Court has exclusive jurisdiction over Adoptions and you are required to file in the Probate Court of the county where any one of the following applies:
Section 3107.04 | Filing petition – caption – effective 03/20/2025:
(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?
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.
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.