Stepparent Adoption
Items necessary to file a Stepparent 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 all requirements outlined 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 file an Adoption?
R.C. 3107.03 – 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.
What is a Step-parent Adoption?
The person seeking to adopt is the spouse of the parent of minor being adopted.
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.
Where Should I file for Step-Parent 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:
- 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, a home study is required. A qualified and trained individual known as an adoption assessor will complete the home study.
Must I have an Attorney?
If you need legal advice or legal counsel, please refer to the Court’s Resources for Legal Assistance brochure.
R.C. 3107.11 – 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 that the person adopting and the child or children sought to be adopted appear before the Probate Court for the hearing. Any 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 step-parent will be reflected on the birth certificate, just as though one of the biological parents.
The address of the Bureau of Vital Statistics is:
Ohio Department of Health
Bureau of Vital Statistics
P.O. Box 15098
Columbus, OH 43215
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.