Available for immediate release

Updated 7/31/2006

Parents May Network To Find Child Available for Adoption

Q.:  We have a neighbor whose daughter would like us to adopt her baby when he or she is born.  Can we adopt her child, or must we go through an agency to find a child?

A.:  Until recently, it was unclear whether or not Ohio law allowed the kind of “open” adoption you describe.  Now, however, the law clearly allows you to adopt her child.  Although you do not have to go through an agency to identify a child who is available for adoption, you must go through the court in order to make an adoption legal.  It is wise to consult an attorney when going through this process.

Q.:  Friends of ours want to advertise in the newspaper for a child.  Can they do this?

A.:  No.  No one who is not certified by the Department of Job and Family Services may buy advertising for adoption purposes, nor may a person offer money or other inducements to parents to part with their children, or in any way knowingly become a party to the separation of a child from its parents or guardians, except through a juvenile court or probate court commitment.  Whoever violates this law may be found guilty of a first-degree misdemeanor, which is a criminal offense.

Q.:  What are our friends allowed to do to find potential birth parents?

A.:  Ohio law allows “targeted” or “identified” adoption referrals.  For example, your friends may know a doctor, lawyer, clergy person, counselor, or other person who has learned about a birth mother seeking to place a child for adoption.  Your friends may be able to adopt such a child.  Keep in mind, however, that the birth parent may choose other adoptive parents.  The birth parent’s wishes should be respected.

     Another option for your friends is to network for adoption possibilities.  For example, they may send letters, post-cards or e-mails to family, friends, and co-workers, letting them know of their interest in adoption, and asking informally for referrals, and encouraging them to pass the word.

Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association.  This article was prepared by Columbus-area attorney Thomas N. Taneff, who concentrates his practice in adoption and probate law and has served on the Ohio Adoption Commission.  Articles appearing in this column are intended to provide broad, general information about the law.  Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.