Items necessary to file a Private Adoption/Pre-Placement:
- An attorney is required for this filing;
- Petitioner(s) must be a Delaware County resident;
- Copy of Driver’s License or Government issued picture ID of the Petitioner;
- A certified copy of the “book copy” birth certificate for the child(ren), not simply a certified copy of the birth abstract (the “book copy” birth certificate contains the more detailed information regarding the city and county of birth, the attendant’s name, the registrar’s name, and the date the original filing was made with the registrar that is needed for these proceedings);
- Petitioner(s) and the child(ren) will be required to attend a court hearing;
- A Delaware County Probate Court Adoption Assessor will be assigned to your case to perform a home study as determined by the Court;
- The base court cost deposit is one thousand four hundred ninety-three dollars ($1,493.00); this amount includes the cost of a birth certificate; and
- the base cost deposit for each additional child is one hundred seventy-five ($175.00).
- Complete the Probate Forms listed below.
The Petitioner or Petitioner’s attorney will complete the Certificate of Adoption (which must be typed). For Ohio born children, the completed form will be sent by the Court to the Bureau of Vital statistics to obtain a new birth certificate. A new birth certificate will arrive in approximately 4 months.
Frequently Asked Questions
Who May file for a Private Adoption?
- A husband and wife jointly, if at least one of them is an adult.
- A Single Adult.
- A Married Adult without the spouse joining if the applicant and the spouse are legally separated.
Who May be Adopted through a Private Adoption?
- A minor child.
- A person determined to be totally or permanently disabled, either physically or mentally.
- A consenting adult, provided a child-parent relationship, child-foster caregiver relationship, or kinship caregiver relationship existed during the adoptee’s minority.
- A consenting adult who at age 18 was in the permanent custody of a public children’s services agency or a private child placing agency.
What is a Private Adoption?
In this instance, a licensed adoption agency is not involved. It is generally handled by a private attorney working directly with the Court and an attorney representing the party(ies) relinquishing parental right. On occasion, the child may be related to persons seeking to adopt, such as a grandchild, niece, nephew, etc. Other times, there is no relationship between the child to be adopted and those adopting.
Who Must Consent?
The parents of the child to be adopted, a minor being adopted who is over the age of 12 years, and an adult adoptee must consent to adoption. However, under certain circumstances, parental consent may be waived or determined to not be necessary. Questions concerning consent should be directed to an attorney.
What is Preplacement?
A preplacement petition may be filed by the attorney for the Petitioner(s) in an anticipation of a future adoption being filed.
What are the Rights of an Unwed Father?
An unwed father, known as a putative father, should seek legal counsel to ascertain how his rights can be protected. One method to preserve rights to consent to an adoption of a child born after January 1, 1997 is to register with the Ohio Department of Job and Family Services, Putative Father Registry. Registration must occur prior to birth or no later than 30 days after birth. The Probate Court may determine, after notice and hearing, that the consent of a properly registered putative father may be unnecessary due to the willful abandonment of the mother during the pregnancy, that prior to the surrender the putative father willfully abandoned and failed to care for or support the minor, or that he is not the father.
The address of the Putative Father Registry is:
Ohio Putative Father Registry
PO Box 182709
Columbus, OH 43218-2709
1 (888) 313-3100
What is an Open Adoption?
As an alternative to a traditional closed adoption where identities are not disclosed, an open adoption occurs when both the natural and adopting parents, prior to the adoption, voluntarily disclose their identities to each other. Open adoption law applies only to non-relative adoptions, and may involve a non-binding agreement for contact between the adopted child and the natural parent(s). However, all parental control of the adopted child remains with the adopting parents.
Where Should I File for Adoption?
The Probate Court has exclusive jurisdiction over Adoptions and you are required to file in the Probate Court of the county where any one of the following applies:
- The child was born;
- The person or persons seeking to adopt reside;
- The person seeking to adopt is stationed in military service; or
- Where the natural parent resides.
Is a Home Study Necessary?
Yes. A home study is required. An individual known as an assessor, who is qualified and trained for the task, will complete the home study.
Must I Have an Attorney?
Yes. The adoption process requires guidance of an attorney
Must I Appear in Court with the child being adopted?
Yes. It is mandatory that the person adopting and the child or children sought to be adopted appear before the Probate Court for the final hearing. In certain circumstances, there may be other appearances required. Exceptions can only be granted by the Court for good cause shown.
Is the Birth Certificate Changed?
Yes. The original birth certificate will be sealed and a new birth certificate issued. The adopting parent or parents will be reflected on the birth certificate, just as though they had been the biological parents.
Adopted children born in Ohio receive their new birth certificate from the Ohio Bureau of Vital Statistics.
The address of the Bureau of Vital Statistics is:
Bureau of Vital Statistics
Ohio Department of Health
225 Neilston St.
P.O. Box 15098
Columbus, OH 43215
Children adopted in Ohio, but born in other states, obtain their new birth certificates from the bureau of vital statistics in the state where they were born.
How do I access my adoption records?
Consult the Ohio Department of Health website, “Adoption Information” webpage for information on access to adoption records. The availability of adoption records varies with the date that the adoption occurred.