The Probate Court has exclusive jurisdiction to finalize adoptions in Greene County. Those wishing to adopt are required to submit to a personal and home investigation to insure their suitability as adoptive parents. The hearing and records are confidential by law.

Who May Adopt?

A husband and wife jointly

A stepparent

An unmarried adult

Who May Be Adopted?

A minor child

An adult, who:

Is determined to be totally and permanently disabled.

Is determined to have mental retardation as defined by law.

Had a stepparent or foster parent relationship while the adoptee was a minor.

Types of Adoptions

Stepparent: The person seeking to adopt is a stepfather or stepmother, the parent whose right is being terminated must consent unless that consent is not required by law.

Agency: The parties use the services of a licensed adoption agency. Probate Court involvement will be at the final stages. It is the agency who will approve the adopting parents, their home’s suitability, the selection and placement of the child in their home, and advise when to finalize the adoption, subject to the Probate Court’s approval. The agencies have a trained, professional staff and use legal counsel to ensure that the adoption is legally and efficiently handled.

Private Placement: This type of adoption is handled by an attorney working directly with the Court if a licensed adoption agency is not involved. On occasion, the child may be related to the persons seeking to adopt such as a grandchild, niece, etc. Other times, there is no relationship between the child to be adopted and those adopting.

Interstate: This proceeding occurs when a child is born in one state and the adopting persons are residents of another state. In all instances, the Department of Job and Family Services for both states must be involved through the Interstate Compact on the Placement of Children. The Probate Court will supervise these proceedings as required by law.

International: An adoption in which a child is born in another country, and is adopted by a family in Ohio is an international adoption. A licensed adoption agency frequently is involved with investigation and approving the suitability of the adopting family locally. The Court will finalize the adoption upon a showing of the approval of the foreign country of the child’s origin and the United States Immigration and Naturalization Services.

Putative Father

A putative father is a man who may be the father of the child, but is not legally recognized as such. He can preserve his rights as father of the child by registering with the State of Ohio, Department of Job and Family Services, Putative Father Registry. This must be done either before the birth of the child or not later than thirty (30) days after the birth. No fee is charged to the putative father for this registration. The Putative Father Registry is located at the Ohio Department of Job and Family Services, 30 E. Broad Street, 31^st Floor, Columbus, Oh 43266-0423.

Filing

Since the Probate Court has exclusive jurisdiction over adoptions, one may file a petition in the Probate Court of the County where any of the following apply:

The agency having custody of the child is located.

The child was born.

The person or persons seeking to adopt reside.

The home of record for a person stationed in military service.

Where the birth parent(s) live.

Home Study

Except for the adoption of an adult, a home study is always required, and will be conducted by an adoption agency or a Probate Court Assessor.

Accessibility of Files

Due to the changes in the Ohio laws over the years the accessibility of adoption records depends upon the date of finalization of the adoption.

Upon written request and payment of a fee, persons adopted prior to 1964 may obtain a copy of their adoption records on file with the State of Ohio, Department of Health, Bureau of Vital Statistics.

Adoption records for persons adopted between 1964 and September 18, 1996 on file with the State of Ohio, Department of Health, Bureau of Vital Statistics and this Court are closed. Identifying information will be released to an adopted person only if the biological parent(s) or an adult adoptee has signed a Release of Information on a form prescribed by the Bureau of Vital Statistics. The adopted person seeking identifying information must file a petition in the appropriate Probate Court along with the filing fee.

For adoptions occurring after September 18, 1996, a person age 21 or older or the adoptive parent of an adopted child over the age of 18 and under the age of 21, may request a copy of the contents of the adoption file from the State of Ohio, Department of Health, Bureau of Vital Statistics. The Bureau of Vital Statistics will release that copy upon payment of an appropriate fee unless there is an effective denial of release from either birth parent.

At the discretion of the Court, nonidentifying and medical information may be released to the adopted person upon the showing of identification and written request. Very little of this information was provided to this Court prior to September 18, 1996.

For further information on this topic you should contact an attorney.

Birth Certificate

The original birth certificate will be sealed, and a new birth certificate issued. The adopting parent or parents will be reflected on the new birth certificate, just as though they had been the birth parents.

Adopted children born in Ohio or a foreign country, receive their new birth certificate from the Bureau of Vital Statistics, Columbus, Ohio. Children adopted in Ohio, but born outside of Ohio, obtain their new birth certificates from the Bureau of Vital Statistics in the state where they were born.

Open Adoption

Due to recent changes in Ohio law, an adoption of a child not related to the adopting couple may now be open. If all parties to the adoption agree, the birth parents and the adopting parents may know each other’s identity. Otherwise, the adoption will be closed and the identity of the parties remains confidential. Any agreements made by the birth parents and the adopting parents for post adoption communication and contact are not enforceable by the court in this state after the adoption has become final.