RC 3107.18 permits the probate court to conduct adoption refinalization proceedings. The parents of minor children whose adoptions have been finalized in the original country of residence of the children may petition the Probate Court for a refinalization of the foreign adoption. The Court considers the petition and utilizes the Court’s adoption assessor to make a home visit, interview the petitioners and if appropriate the children, and render a report to the Court. Upon refinalization the adoptive parents receive an Ohio Adoption Decree and an Ohio Birth Certificate.
Items necessary to file a Petition to Recognize Foreign Adoption:
- Petitioner(s) must have previously adopted a child(ren) in a foreign county and are seeking a domestic adoption order for the purpose of obtaining a birth certificate(s) issued by the State of Ohio;
- Petitioner(s) must be a Delaware County resident(s);
- An attorney is not required for a Petition to Recognize Foreign Adoption, but is suggested;
- Copy of Driver’s License or Government issued picture ID of each Petitioner;
- Petitioner(s) and each child are required to attend a court hearing;
- A copy of the foreign birth certificate(s) with a certified English translation of the same;
- A copy of the foreign adoption proceedings with a certified English translation of the same;
- Petitioner(s) must submit proof that the Department of Homeland Security, U.S. Citizenship and Immigration Services has approved the foreign certificate or adoption decree;
- A Delaware County Probate Court Adoption Assessor will be assigned to the case to perform a home study as determined by the Court;
- For a single child the base court cost deposit is four hundred dollars ($400.00); this amount includes the cost of a birth certificate; and
- For each additional child the cost deposit is seventy-five ($75.00); and
- 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.