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How does the adoption process work in Ohio?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

Ohio Probate Court handles adoptions under Ohio Revised Code Chapter 3107, with TPR matters often paralleled in Juvenile Court.

1. Types of Adoption

  • Agency adoption through a licensed Ohio agency or PCSA.
  • Private/identified adoption with court approval.
  • Step-parent adoption (R.C. § 3107.06(B)).
  • Adult adoption (R.C. § 3107.02(B)).
  • International adoption under Hague Convention.

    • 2. Petitioner Eligibility

    Under R.C. § 3107.03, an unmarried adult, married couple jointly, or one spouse if the other consents, may adopt. No statutory residency, but the petition is filed in the petitioner's county.

    3. Consent Requirements

    Under R.C. § 3107.08, a birth mother's consent is invalid if signed earlier than 72 hours after birth. A birth father may consent at any time after birth (or before, under § 3107.082 if a putative father). Consent may be withdrawn only before the final decree and only upon a court finding that withdrawal is in the child's best interest (R.C. § 3107.084) — a high bar.

    4. Home Study

    A pre-finalization assessment under R.C. § 3107.031 by a licensed agency, attorney-assessor, or court-appointed assessor is required for non-step-parent adoptions. Step-parent adoptions are exempt unless the court orders one.

    5. Termination of Parental Rights (TPR)

    Voluntary via permanent surrender (R.C. § 5103.15) or consent. Involuntary TPR is litigated in Juvenile Court under R.C. § 2151.414. Interstate placements require ICPC approval (R.C. § 5103.20 et seq.). ICWA (25 U.S.C. § 1901) applies to tribal children.

    6. Finalization Hearing

    The Probate Court holds a final hearing not earlier than 6 months after placement (R.C. § 3107.14). The court enters the Final Decree of Adoption, and the Department of Health issues an amended birth certificate (R.C. § 3107.17).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Birth parent moves to withdraw consent before the final decree
    • Putative father registers under R.C. § 3107.062 within 15 days of birth
    • Permanent-custody TPR proceeding in Juvenile Court
    Related Statutes & Laws
    • Ohio R.C. Ch. 3107
    • Ohio R.C. § 3107.08
    • Ohio R.C. § 3107.031
    • Ohio R.C. § 5103.20 (ICPC)
    • 25 U.S.C. § 1901 (ICWA)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.