The 5 Ohio Adoption Laws You Need to Know

Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Ohio adoption laws you need to know about when considering this for your family.

Top 5 Ohio Adoption Laws

Birth Father's Legal Rights

Does my baby's father have to agree to the adoption in Ohio?

The father’s consent to adoption is required if:

  • The father was married to the birth mother at the time child was conceived or born
  • He has acknowledged paternity
  • He is an adoptive father
  • The court previously determined there was a parent-child relationship; or
  • He is a putative father

Ohio Rev. Code Ann. § 3107.06 (2020)

A father’s consent is not required if:

  • The father has failed to provide or communicate with the child for a year
  • The putative father has not registered as a putative father,
  • He abandoned the child
  • His parental rights have been terminated
  • He caused the child to be conceived in rape; or
  • He has failed to respond to notice

Ohio Rev. Code Ann. § 3107.07 (2020)

Ohio has a putative father registry and a putative father may register at any time, but for the purpose of preserving the right to consent to an adoption, he must register within fifteen days of the birth of the child.

Ohio Rev. Code Ann. § 3107.062 (2020)

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Expectant/Birth Mother Living Expenses

Can I get help with my living expenses during my pregnancy in an Ohio adoption?

In Ohio, an expectant mother may accept money for medical expenses, adoption services, legal services, and living expenses not exceeding three thousand dollars for the birth mother that are incurred during pregnancy through the sixtieth day after the date the minor is born and paid by the petitioner to the birth mother through the attorney or agency arranging the minor's adoption”

Ohio Rev. Code Ann. § 5103.055 (2020)

Separate Legal Representation

Will I be offered my own Ohio adoption lawyer?

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”

Ohio Rev. Code Ann. § 3107.011(A) (2020) 

Open Adoption

How does Open Adoption work in Ohio?

Open adoptions in Ohio are not enforceable and at the request of a person that withdraws from an open adoption, the court may bar the other party from bringing any action to enforce the agreement. An open adoption, entered into voluntarily, may provide for the exchange of information including identifying information, but may not allow the birth parent to share parental authority with the adoptive parent, deny the adoptive parent access to the birth parent’s social or medical history, deny an entitled adoptive parent or child access to the adoption file, deny access to certain accessible information under the law, or make the agreement enforceable.

Ohio Rev. Code Ann. §§ 3107.62, 3107.63, 3107.65 (2020)

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How does Consent to Adoption work in Ohio?

How does the legal process for adoption work in Ohio?

Consent may be made seventy-two hours after the birth of the child in the presence of the court.

Ohio Rev. Code Ann. §§ 3107.08, 3107.081 (2020)

How long will I have to change my mind about adoption in Ohio?

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.

Ohio Rev. Code Ann. § 3107.084 (2020)

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