Adoption laws are a critical component of the adoption process that protect children, adults and entire families from unfair and possibly abusive adoption practices. Adoption laws attempt to safeguard the adoption process from the womb to 18 years of age, and clearly state what adopters can expect from the process. When adopting in Ohio, you must understand the laws to ensure that the process proceeds smoothly and without incident.
Consent to an Adoption
Ohio requires that the consent of all appropriate individuals be obtained before an adoption can proceed. For a minor (any child under age 18), consent must be obtained from the mother of the child, as well as the father in some circumstances. The consent of the father is needed if he was married to the mother at the time of the child's birth, or if he has adopted the child. Any child 12 or older must consent to an adoption before it takes place. If the child does not have parents, consent for an adoption must be obtained by the legal guardian or entity representing the child.
Adoption Records
Non-identifying record information is available to adoptees over age 18, adoptive parents of adoptees under age 18, birth parents of adoptees 18 or older, and birth siblings over age 18. Non-identifying record information includes the birth parent's age when the child was adopted, genetic information about the birth parents, and the age and sex of the adoptee's birth siblings. Any "identifying" information is available to adoptees 21 or older and birth parents.
Adoption Expenses
Ohio prohibits the exchange of money in adoptions that do not follow mandated criteria. The only times in which money can be exchanged during adoption proceedings include: reimbursements for physical or special care incurred during prenatal care, delivery of the child and confinement of the child after birth; legal fees associated with arranging the adoption; and court expenses incurred during the proceedings regarding surrender of the minor. There can be no "adoption fee" associated with the adoption of the child.
Safe Haven for the Child
A child younger than 72 hours may be given to a "safe haven" provider voluntarily if the child's parent shows no intent to care or return for the child. People who may provide safe haven for a newborn include peace officers, hospital employees, and emergency medical service providers. Safe haven providers must do all they can to ensure the safety and health of the child, and, if needed, pursue the parents if the infant has experienced physical or mental harm.
Advertising for Adoption
Ohio prohibits any person or government entity from advertising that they will adopt children or provide incentives for parents to put their children up for adoption. Only certified child-placing agencies or public children's agencies may advertise that they accept adoptive children.
