Adoptions
Adoption may be defined as a legal proceeding whereby the relationship of parent and child is created between persons who are not so related by nature, where the person adopted becomes the legal heir of his or her adopter, and the rights and duties of domestic relation with his or her natural (biological) parents are terminated.
The legal relationship of parent and child can be created only by statute or law. In the State of Ohio, the process of adoption is addressed in Ohio Revised Code ("ORC") Section 3107. In our firm's practice of law, the most common types of Adoption are step-parent adoptions or grandparent adoptions.
Process of Step-Parent Adoption:
In this proceeding, you have a Husband and Wife who have been married for at least one year. And, either the Husband or the Wife petitions the Probate Court to "adopt" the biological child or children of the other spouse. Steps in the Step-Parent Adoption include having a background (criminal check) of the Petitioner to be certain the prospective adoptive parent has no convictions for any child-related crimes. Next, a home study is conducted by an employee of Children Services Board ("CSB") to determine if the couple is a happily married couple with a healthy life-style and home environment. The Petitioner must demonstrate the financial ability and the proper physical/emotional health to take on the responsibility to contribute to the growth and development of the child/children to be adopted.
If the biological parent(s) have remained in contact/communication with the minor child or children within the past twelve (12) months and if the biological parent(s) have continued to financially support the minor child or children within the past twelve (12) months, the "consent" of those parents is required by the Court. When I began to practice law in the late 1980's, the Court accepted written consents from the biological parent or parents. At the present time, the Probate Court of Montgomery County, Ohio, requires the biological parent/parents to come to the Court to provide his or her consent to the adoption to the Judge prior to the date/time of the final adoption hearing.
At the final adoption hearing, the Probate Court Judge will also question the Petitioner to be certain that he/she understands that if the adoption is completed, the Petitioner will be deemed to be the "biological parent" of the child/children to be adopted. And, in the event of divorce of the current marriage, the Husband or Wife would have the legal and financial obligation to support the child/children until the time of emancipation. As part of the adoption process, the Bureau of Vital Statistics is actually directed to create a new Birth Certificate wherein the Petitioner is reflected on the Birth Certificate to be the biological Father or Mother of the child/children.
What factors motivate a Petitioner to file for adoption of his or her spouse's child or children:
- The biological Mother and/or Father may be entirely absent from the child or children's lives and have no role in the upbringing of the child/children. The "absence" could be due to geographical distance, lack of financial resources, physical illness or incapacity, or addiction and/or mental illness.
- In some instances, the Step-Parent is the only parent the child or children have known.
- If the biological parent (Father or Mother) has issues with addiction or mental illness, the Step-Parent Adoption proceeding can serve to legally sever the ties between biological parent and child/children. Accordingly, issues involved with parenting time or visitation automatically are eliminated or "go away"!
- And, a biological parent of a minor child or children may see that "consenting" to the Step-Parent Adoption is a way to eliminate a child support obligation as and for the minor child/children until the time of his/her or their emancipation. This can be seen as a "win/win" situation for the adoptive parent, for the minor child or children, and for the biological parent(s) of the minor child/children.
Process of Grandparent Adoption:
This proceeding is much like the Step-Parent Adoption with the exception that you have two Petitioners seeking to adopt one or more children. This form of adoption proceeding requires the following:
- Criminal background check.
- Home Study conducted by an agent of Children Services Board ("CSB").
- Obtaining voluntary consents of biological parent or parents if he/she or they have been in communication with the minor child/children during the last twelve (12) months and/or if they have been paying support monies for the minor child/children during the last twelve (12) months.
As with the voluntary consents of the parent or parents above, the consents of the biological parent or parents must be made to the Court in person at a date/time before the time of the final adoption hearing. And, as with the above-described proceeding, the Judge will inquire as to the Petitioners' knowledge and consent that they will be financially responsible for the child/children they are adopting until the minor child/children are emancipated. Also, a new Birth Certificate shall be issued by the Bureau of Vital Statistics reflecting that the Petitioners of the minor child/children are the biological parents of said child or children.
We are most likely to see instances of Grandparent Adoption in circumstances wherein one or both biological parents are mentally ill, chemically dependent, disabled, and/or chronically unemployed and too challenged with the rigors of child-rearing.
The family law attorneys at Holzfaster, Cecil, McKnight & Mues will explain the adoption process and options in an understandable way. Please don't hesitate to call us at (937) 293-2141 or email us by clicking here if you are considering an adoption. Additionally, we have an emergency phone number, (937) 760-4357, that is answered by one of our lawyers around-the-clock.
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