Available for Immediate Release

4-02

Law Standardizes Ohio Adoptions

Ohio House Bill 419, signed into law in March 1996, has resulted in many changes in adoption procedures.  In addition to shortening the time a child must wait to be adopted and making adoption information more accessible, the law attempts to make adoptions safer and to standardize the way adoptions are handled across the state.

Q.:  What has been done to increase safety and standardize adoptions in Ohio?

A.:  Many changes have been made, including the following:

1)  No training or experience had been required for those who conducted home studies to "check out" potential adoptive families.  Now the law identifies who can conduct a home study and requires that these individuals be trained.  In addition, a uniform home study process must be used for all adoptions in Ohio. 

2)  Before the new law was adopted, there was no requirement that birth parents receive information while they are making a decision about giving up their child for adoption.  Now, birth parents must receive information about Ohio's adoption laws, the adoption process, and must have access to counseling 72 hours before signing the surrender or consent for adoption. 

3)  Birth parents are required to appear before probate court when voluntarily surrendering their children for adoption through a private attorney. 

4)  While there had been no listing of the factors to be considered when a court makes an adoption decision based on the "best interest of the child," H.B. 419 provides a list of factors.  Also, the court is now allowed to make a determination about what is in the best interest of the child in cases of contested adoptions.

5)  The law also requires that an adoption petition must now be filed with the court within 90 days of a child's placement in an adoptive home.

6)  Before, instances in which a child is conceived through an act of rape had not been addressed.  The new law states that, if the child was conceived by rape, the  father's or the "putative" (presumed) father's consent for the child's adoption does not have to be obtained if he has been convicted of or has pled guilty to rape.

7)  More common instances in which the birth mother simply does not know the whereabouts of the putative father are also addressed by the law. While there had been no set procedure for informing a man about the possible adoption of his natural child, the law now requires that a Putative Father Registry be established.

A man who has reason to believe he may become or may already be the father of a child can add his name to the Putative Father Registry, which is confidential and not open to the public.  When an adoption involves a putative father, the Registry is checked and the father can be located in this way to obtain consent for adoption.  If the father adds his name to the Registry up to 30 days after the birth of his child, his consent must be obtained unless the Probate Court finds he has willfully abandoned or failed to care for and support the child.  If the father does not register, his consent for adoption is not required.

8)  A separate attorney must represent the birth parents and the adoptive parents in adoptive proceedings. 

9)  The new law requires the Ohio Department of Human Services to develop a standardized definition of a "special needs" child which applies to all Ohio adoptions.  Before, each county operated under its own definition.

10)  While there had been no clear state policy on "open" adoption, the new law defines open adoptions as strictly voluntary adoption agreements which are not enforceable and from which parties may withdraw at any time.  With this new clarification in Ohio law, Ohio adoptive couples are losing fewer birth parents who might previously have chosen to place their children in out-of-state homes to obtain more open adoption options.

11)  Birth parents must now be given copies of everything they sign having to do with surrendering their children for adoption.

Q.:  What is an open adoption agreement?

A.:  Open adoption allows the birth parents to receive status letters and pictures on the progress of the adopted child.  Some agreements even arrange for visits or phone calls.  All of these agreements are purely voluntary and legally unenforceable.

Q.:  What may be paid for or provided for birth parents?

A.:  Medical expenses, counseling, court costs and attorney fees.  Everything must be approved by the Probate Court.  Gifts or incentives are illegal and cannot be provided.

Q.:  What are the birth parents’ rights or options if they change their minds and choose not to place their child for adoption?

A.: Birth parents may change their minds prior to signing a consent to adopt (usually signed 72 hours after birth).  They may opt instead for single parenting, or for giving a suitable adult guardianship or legal custody of the child, or for filing a parentage action in order to establish paternity and support obligations.

Q.:  Can a birth parent name the baby on the original birth certificate?
A.:  Yes, the birth mother may do so, but after the adoption is finalized, the original birth certificate is sealed by the Bureau of  Vital Statistics and can only be opened by court order.  The birth father may add his name to the original birth certificate if the birth mother allows it.  If the mother refuses and the father wishes to pursue the matter, he would have to initiate a Court action.  A new birth certificate is created for the adoptive parents with the child’s new name.  On occasion, the adoptive parents may agree to use the name chosen by the birth parents. 

(Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association and the Ohio State Bar Foundation.  This article was prepared by Thomas N. Taneff, a Columbus attorney who concentrates his practice in the area of adoption 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.)

updated 2-00