How long does it take to have an adoption completed after the child’s birth?
A legal placement of the child cannot take place until 72 hours after the birth of the child. The placement hearing usually takes 30 to 45 minutes. The child may wait in the hospital during that 72 hours or the birth mother may arrange for an early release with the prospective adoptive parents. Foster care is usually a last resort.

What happens if the baby is born with birth defects and the adoptive parents change their mind?
Birth parents should discuss this possibility and come to some agreement with the prospective adoptive parents before the baby is born. If the adoptive parents change their minds, the birth mother should have an alternative plan or perhaps a back-up adoptive couple. The birth mother is responsible until she can find an adoptive couple. In some cases, an agency may take over and keep the baby until a couple can be found. If the baby dies, the birth parent would be responsible for the baby’s expenses and for decisions about medical treatment and life support issues before adoption is finalized.

Why do some babies go into foster care before they go to adoptive parents?
Some babies got into foster care because birth parents need more time to think about their decision. Sometimes adoption agencies place babies into foster care so that they can have more time to terminate birth parents’ rights.

If the child were to go into foster care, how long would he or she be there?
When a private attorney handles the adoption, the child usually does not go into foster care unless the birth parent wishes. Generally, with attorney-handled adoptions, the child is placed as soon as possible after 72 hours have passed. Agencies are also eager to place the child as soon as possible, but may require more time to terminate the birth parents’ rights. Some agency adoptions may take 30 to 45 days. If there is no alternative, the child may be placed in foster care for that length of time until the child can be placed with adoptive parents.

If the child’s adoptive parents are suddenly killed not long after the child is placed but before the adoption has been finalized, who would be responsible for raising the child?
If the adoption has not been finalized, the birth parents may be contacted and offered the option of parenting the child, but the birth parents are not obligated to do so. When a birth parent places a child with an agency, the agency “holds title” to the child until an adoption is finalized. If the adoptive couple is suddenly killed before the adoption is finalized, the agency may simply choose another adoptive couple to care for the child. The agency does not have to consult with or get the birth parents’ permission again.

If the adoption has been finalized before the adoptive parents are killed, then, in the eyes of the law, the child would be treated as any other child whose parents have died, and would be cared for according to the wishes of the adoptive parents as set down in a Will. If there is no Will, any adult family member or relative could become the guardian of the child.

A law which became effective in March 1996 (House Bill 419) changed the way adoptions are handled in this state. Two significant changes have to do with: 1) decreasing the amount of time a child must wait for an adoptive home, and 2) providing information about adopted children.

How have these changes helped to decrease the amount of time a child waits for adoption?
Before the new law went into effect, courts often found a child to be “dependent” on the state, but did not explain the reason. Since the reason was unclear, extra time had to be spent in finding appropriate placements for children. Now, if a court finds the child to be dependent, the court must give a reason.

An agency once had to wait six months to file a motion for permanent custody of a dependent, abused, neglected, unruly or delinquent child who had been in its temporary custody. Since House Bill 419 was signed into law, the agency no longer has to wait six months, but may file at any time. Since an agency must have permanent custody of a child before that child can be placed for adoption, the total time spent waiting for adoption can be decreased.

Juvenile courts must now decide how to deal with motions for permanent custody and record their decisions within 200 days of the time the motions were filed. Before, there was no requirement for permanent custody matters to be heard in court within a certain time frame.

A six-month waiting period is required before an adoption can be finalized. Now, if a child is being adopted by a foster parent or relative with whom he or she has already been living, then the time the child has spent in foster care applies toward the six-month waiting period.

Who is allowed to have adoption information?
House Bill 419 allows the adoptee, adoptive parents, and the birth parents to receive “non-identifying” information from an agency, probate court, or an attorney. (Non-identifying information might include a first name and some background or medical details, but would not include a last name, address, phone number, or Social Security number).

Also, agencies and attorneys are now permitted to review their own adoption files for administrative purposes, without having to obtain a court order.

At the time a child is surrendered for adoption, the birth parent may complete a form developed by Human Services to allow identifying information to be released to the adoptive child. This information is kept at the Health Department, and the birth parent may file a form as often as she wishes stating whether or not identifying information should be released to the child.

The Health Department may now help a birth parent to find an adopted child after that adoptee has reached 25 years of age if the child asks the Health Department to assist the birth parent.

Birth parents who have had their parental rights terminated by a juvenile court because of abuse or neglect may not receive identifying information about a birth child through the Health Department.

What is an adoptive family allowed to know about the birth parents?
In Ohio, the adoptive family may obtain any “non-identifying” social or medical history including biographical information about both the child’s parents. (Non-identifying information might include a first name and some background or medical details, but would not include a last name, address, phone number, or Social Security number.) “Identifying” information about the birth parents can be provided to the adoptive parents only if agreed upon between the parties. Such information can be provided to the adoptive parents by the birth parents themselves, or by the agency or attorney handling the adoption.

How much can a birth parent know about adoptive parents, such as occupation, age, how long the couple has been waiting for a child, why the wait, etc.?
The birth parent may ask these questions, and adoptive parents can provide as much non-identifying or identifying information as they find personally acceptable, but they are not legally obligated to provide any information.

May a birth parent choose an adoptive couple based upon their religious affiliation?
A birth parent may review prospective adoptive couples and may select a couple based on religious affiliation. The birth parent can hope that the child is raised in a religious environment, but the law cannot force adoptive parents to practice a certain faith.

What is an open adoption?
An open adoption is one where all parties have complete identifying information about one another. Birth parents and adoptive parents must agree to the open adoption; none of the parties can be forced to provide complete information. A semi-open adoption involves an exchange of non-identifying information.

Can a birth parent ask that the adoptive files be sealed?
Adoption records are automatically sealed until the adopted child reaches the age of 21. Birth parents can refuse to allow adoption information to be released, or they can file a Release of Information allowing the records to be opened when the child reaches adulthood. If the adopted child is between 18 and 21 years of age, the information is released, upon request, to the adoptive parent. If the adopted child is 21 years of age or older, the information is released to the adopted child directly. It is always possible that new legislation might change the age restriction, so birth parents should keep abreast of the current laws.

Will the adopted child be able to get information about the birth parent from the adoptive parents?
Yes, if the adoptive parents choose to share this information. Otherwise the child may have to wait until he or she is 21 years of age and the birth parents have filed a release with the Bureau of Vital Statistics.

What, exactly, does the birth parent’s adoption file contain and who has access to it?
Generally, the file contains a copy of all social/medical information and legal pleadings. Only the attorney or agency handling the adoption and the birth parent have access to the file.

If an adopted child decides, at some point, to search for the birth parent, will the adoption agency or attorney contact the birth parent before the child does?
This can be done if the birth parent wishes. The birth parent should make this wish known to the adoption agency or attorney.

May a birth parent write the adoptive parents a letter explaining the reasons for placing the child for adoption, and will the birth parent be assured that the adoptive couple will receive and read it, and share it with the child at an appropriate time?
A birth parent may write such a letter, and hope that the adoptive parents will share the letter with the child. While adoptive parents cannot be forced to read such a letter or share it with the child, they may appreciate the option.

Will the adopted child be able to find the birth parent if he/she decides to search?
Usually, the child will only be able to find a birth parent who wants to be found. Under current Ohio law, birth parents must file a Release of Information with the Bureau of Vital Statistics, where they can indicate whether or not they want identifying information to be released.

I was adopted many years ago and now have children of my own. One of my children recently needed medical attention and I was required to provide medical history on my parents. How can I obtain my family medical history? I have no desire to know identifying information regarding my birth parents.
Contact the attorney, agency or probate court in the county where the adoption was finalized.

Can adoptive parents force a birth parent to disclose information under any circumstance?
Adoptive parents can force a birth parent to disclose information only with a court order stating that obtaining this information is medically necessary and in the child’s best interest.

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.

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

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.

What is an open adoption agreement?
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.

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

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

Can a birth parent name the baby on the original birth certificate?
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.)

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?
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.

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

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

I just learned that it is possible to adopt an adult. Under what circumstances is this done in Ohio?
There are several reasons why adult adoptions may be undertaken. The most common reason is to formally and legally recognize an existing parent/child-like relationship. Among the benefits of a formal adoption is the ability of the adopted person to inherit from the adoptive parent. An adult adoption also may be used to provide protection for a person of diminished capacity or abilities. Once adopted as a legal family member, such an individual may then be assured of lifetime care under family insurance, or through inheritance. Finally, a stepparent-stepchild relationship can be formalized through an adult adoption.

Does every state allow adult adoptions? What does Ohio law say about adult adoptions?
Adult adoption is handled differently in every state. Some states only allow for adult adoptions if the person to be adopted is of diminished capacity. Other states require a spouse’s consent if the person to be adopted is married. Some states require only the consent of the adult parties involved, while other states, like Michigan and Nebraska, forbid adult adoption entirely.

Ohio law allows adults who are totally and permanently disabled or mentally retarded to be adopted. In addition, Ohio law permits adult adoption for any adult who has established a relationship with adoptive parents through a child-foster caregiver or child-stepparent relationship as a minor, assuming the adult child consents to the adoption. Generally, an adult may be adopted only if a child/foster-parent relationship was established when the person to be adopted (”adoptee”) was a minor child. If, however, the adoptee is totally and permanently disabled or determined to be mentally retarded, an exception may be made, assuming the relationship between the prospective adoptive parent and the adoptee can be shown to be a nurturing, parent/child type of relationship.

Does the procedure for adopting an adult differ from the procedure for adopting a minor child?
When adopting an adult, the prospective adoptive parent must prepare, sign and file a petition with the probate court. The court will then set a date for a final hearing, at which time it will make a determination about whether the adoption serves the best interests of the adoptee. Assuming the court approves the adoption, the court will order a new birth certificate for the adoptee.

Unlike the procedure used for the adoption of a minor child, the court generally will not require a home study in the case of an adult adoption; also, no waiting period is required before an adult adoption can be finalized.

What does the court consider before granting an adult adoption in Ohio?
Before granting an adult adoption in Ohio, the court must determine whether a child/foster-parent relationship existed while the person to be adopted was still a minor. To make such a determination, the court will look at the types of nurturing that was provided to the child, including the provision of emotional and financial support, food, shelter, discipline, guidance, education, religious training, medical care and love and affection.

Are adult adoptions permanent?
Yes. When a minor child is adopted, the changes that result are permanent. The same can be said for an adult adoption. As in any adoption, the existing relationship with the biological parents is severed. An adult adoption creates a new parent-child relationship. A new birth certificate is issued for the adopted person, showing the adoptive parents as the legal, birth parents. The last name of the adopted person also may be changed to that of the adoptive parents. The record involved in an adult adoption will be sealed according to the state’s laws, even though the parties involved are adults and are aware of the family details.