Whether you're placing a child for adoption or growing your family, Ohio's adoption laws are designed to protect everyone involved and make the process as smooth as possible.

You may be feeling overwhelmed or unsure about your next move. If you're an expectant parent, you have the right to make the best decision for yourself and your child. If you're planning to adopt, you deserve to understand each part of the process. This guide explains the most important legal details to help you feel informed and supported.

Below, you'll find answers to common questions about Ohio adoption law. If you're ready for help, contact our adoption specialists today.

For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. You have the legal right to place your child for adoption in Ohio. As part of birth mother rights in Ohio, you must voluntarily consent to the adoption in front of a judge or another legally authorized official. Once the court approves your consent, it becomes legally binding.

Relevant Law: Ohio Rev. Code § 3107.08

When can I give my baby up for adoption?

Under the adoption waiting period in Ohio, you can legally consent to adoption 72 hours (three days) after your baby is born. You’ll want to be emotionally prepared before signing. Once your consent is submitted and approved by the court, your parental rights are permanently terminated.

Relevant Law: Ohio Rev. Code § 3107.08

Can I get my baby back after adoption?

Generally, no. Ohio law allows consent to be withdrawn only before the court finalizes the adoption, and only if a judge determines that revoking consent is in the best interest of the child.

Relevant Law: Ohio Rev. Code § 3107.084

Can you do adoption without the father's consent?

Sometimes, yes. Consent is required from the legal father, but if the father has not established paternity, failed to provide support, or cannot be located, the court may find that his consent is not required and allow the adoption to proceed.

Relevant Laws: Ohio Rev. Code § 3107.06, § 3107.07

Do both birth parents have to sign adoption papers in Ohio?

Yes. Both legal parents must give consent to the adoption. If one parent cannot be located, refuses to consent without just cause or has had their rights terminated, the court may decide to proceed without that parent's signature.

Relevant Laws: Ohio Rev. Code § 3107.06, § 3107.07

Can I get paid for adoption?

No. It is illegal to receive money in exchange for placing your child for adoption. However, Ohio law allows adoptive families to cover reasonable pregnancy-related medical and living expenses with court approval.

Relevant Law: Ohio Rev. Code § 3107.055

Can you choose who adopts your baby?

Yes. As the expectant parent, you have the right to choose the adoptive family for your child. Your agency can provide you with family profiles that match your preferences, and you can select who you feel is the best fit.

Relevant Law: Ohio Rev. Code § 3107.03

Can people from a different state adopt my baby?

Yes. Out-of-state adoptive families can adopt in Ohio as long as both states involved approve the placement through the Interstate Compact on the Placement of Children (ICPC). Your agency or attorney will help you manage this process.

Relevant Law: Ohio Rev. Code § 5103.20

Can I give my baby up for adoption without any agency?

Yes. You can pursue an independent adoption, but you will still need to work with a licensed attorney who will ensure that all legal requirements are followed correctly.

Relevant Law: Ohio Rev. Code § 3107.011

Can my spouse adopt my child?

Yes. In a stepparent adoption, your spouse may adopt your child. You will need to obtain consent from the child’s other legal parent unless that person’s rights have been legally terminated or the court waives the requirement.

Relevant Law: Ohio Rev. Code § 3107.03

Can my family adopt my baby?

Yes. Relative adoptions, including by grandparents, aunts, uncles or siblings, are allowed in Ohio. In some cases, the legal process may be streamlined or simplified to reflect the existing relationship between the child and the relatives.

Relevant Law: Ohio Rev. Code § 3107.03

Can you anonymously put a baby up for adoption?

Mostly, yes. Your name and identifying information will be known to the court and your legal representative, but you can maintain your privacy from the adoptive family. Semi-open or closed adoptions can allow you to remain anonymous if you choose.

Relevant Law: Ohio Rev. Code § 3107.08

Can I have contact with my child after the adoption?

Yes. Open adoption in Ohio allows you to stay in contact with your child and their adoptive family through letters, emails, phone calls, visits, etc. While these agreements are not legally enforceable in Ohio, they are typically honored by adoptive families because they recognize the emotional benefits for everyone involved.

Relevant Law: Ohio Rev. Code § 3107.63

How does tribal adoption work for Native American children?

Adoptions involving children who are members of or eligible for enrollment in a federally recognized tribe fall under the Indian Child Welfare Act (ICWA). This federal law protects tribal interests by requiring tribal notice and giving placement preference to relatives or tribal members.

Relevant Law: Ohio Admin. Code § 5101:2-53

Can I drop my baby off at a fire station?

Yes. Under Ohio’s Safe Haven Law, you can legally surrender your baby — up to 30 days old — to a designated safe location such as a fire station, hospital or police station. You do not have to provide any identifying information, and you won’t face legal consequences as long as the baby is unharmed.

Relevant Law: Ohio Rev. Code § 2151.3516

What rights do biological parents have after adoption?

Once the adoption is finalized, biological parents no longer have any legal rights or responsibilities for the child. However, you may remain involved through an open adoption agreement.

Relevant Law: Ohio Rev. Code § 3107.15

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt in Ohio?

No. In Ohio, any adult may petition to adopt a child, whether single or married. However, unmarried couples cannot adopt jointly.

Relevant Law: Ohio Rev. Code § 3107.03

How old do you have to be to adopt a baby?

You must be at least 18 years old to adopt in Ohio unless you are legally married. In that case, even a minor may adopt.

Relevant Law: Ohio Rev. Code § 3107.03

Do you need a home study for a private adoption in Ohio?

Yes. All prospective adoptive parents must complete a home study. This includes home visits, interviews, background checks and references to confirm the home is safe and supportive for a child.

Relevant Law: Ohio Rev. Code § 3107.031

Do you need a home study for an independent adoption?

Yes. Even in an independent adoption, a licensed professional must complete a full home study before the adoption can proceed.

Relevant Law: Ohio Rev. Code § 3107.031

Can you adopt without an agency?

Yes. Independent adoptions are allowed in Ohio. However, you will still need a lawyer to adopt in Ohio, as only licensed attorneys or agencies can handle the legal arrangements.

Relevant Law: Ohio Rev. Code § 3107.011

What are the steps to adopt?

Here are the steps to adopt a baby in Ohio:

1. Complete a home study with a licensed provider.

2. Receive consent from the expectant parent(s).

3. File the adoption petition with the court.

4. Complete the post-placement supervision period, including regular home visits.

5. Attend a final adoption hearing to receive the court’s decree.

Relevant Laws: Ohio Rev. Code § 3107.031, § 3107.06, § 3107.04, § 3107.101, § 3107.15

Can you adopt a child from another state?

Yes. Interstate adoptions are allowed, but you must follow the ICPC process to ensure both states approve the placement. This process protects the child's safety and confirms legal compliance in both jurisdictions.

Relevant Law: Ohio Rev. Code § 5103.20

Can we advertise for a birth mother?

Yes. Hopeful adoptive parents in Ohio are allowed to advertise as long as they follow state law. You must avoid coercion, misinformation or financial promises to expectant parents.

Relevant Law: Ohio Rev. Code § 5103.055

Can a birth father stop an adoption?

Yes. If the birth father has legal parental rights and objects to the adoption, he may contest it. However, if he has not established paternity or has failed to support the child, the court may allow the adoption to proceed without his consent.

Relevant Laws: Ohio Rev. Code § 3107.06, § 3107.07, § 3107.161

What if the birth parents don't sign adoption papers?

The court may approve an adoption without the birth parents' consent if there is evidence of abandonment, neglect or parental unfitness. The judge must be convinced that it is in the child’s best interest to proceed.

Relevant Laws: Ohio Rev. Code § 3107.06, § 3107.07

When is an adoption finalized in Ohio?

The time to finalize an adoption depends on several factors, including the completion of post-placement supervision. Typically, the court issues a final decree after at least three home visits are conducted during the post-placement period, which begins within seven days of placement.

Relevant Laws: Ohio Rev. Code § 3107.101, § 3107.14

Can birth mothers change their mind?

Generally, no. After signing a consent form, a birth mother may only revoke her consent before finalization, and only if the court finds that the change is in the child’s best interest. Once the adoption is finalized, consent cannot be withdrawn.

Relevant Law: Ohio Rev. Code § 3107.084

Are adoptive parents on the birth certificate in Ohio?

Yes. Once the adoption is finalized, the state will issue a new birth certificate listing the adoptive parents as the legal parents. The child’s new legal name will be included, and the original certificate will be sealed.

Relevant Law: Ohio Rev. Code § 3705.12

What rights do adoptive parents have after adoption?

Adoptive parents have full legal parental rights, responsibilities and privileges equal to those of biological parents. This includes decisions about education, healthcare and inheritance.

Relevant Law: Ohio Rev. Code § 3705.15

Are open adoptions legally binding in Ohio?

No. While open adoption agreements are not legally enforceable, they are beneficial. Our agency encourages adoptive families to maintain communication and share updates through photos, letters and occasional visits.

More Information: https://www.americanadoptions.com/adopt/pictures_letters

Does ICWA apply to private adoptions in Ohio?

Yes. The ICWA applies if the child has Native American heritage and is eligible for tribal membership. This law provides additional protections, including tribal notification and placement preferences.

Relevant Law: Ohio Admin. Code § 5101:2-53

What support is available after adoption?

Families can access counseling services, medical and background history records and financial assistance for special needs adoptions through the state. Our agency also offers post-placement support tailored to your family’s needs.

More Information: https://www.americanadoptions.com/adopt/post-adoption-support-services

For Adoptees

If you were adopted through our agency, you have the right to request non-identifying information from your adoption records or pursue reunification with your biological family if both parties consent. We can help guide you through this process.

Learn more about adoptee rights.

What’s Next?

Understanding adoption laws in Ohio can feel overwhelming, but you don’t have to do it alone.

Your adoption journey should be seamless, and we’re here to make sure it is. Work with a licensed team that understands your state’s laws and puts you first.

Contact us today to get personalized guidance and take your next step forward with confidence.

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