Section 3107.16 | Appeals.
(A) Appeals from the probate court are subject to the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code. Unless there is good cause for delay, appeals shall be heard on an expedited basis.
(B) Except as provided in division (C) of this section and subject to the disposition of an appeal, upon the expiration of six months after an adoption decree is issued, the decree cannot be vacated by the court upon a motion by any person, including the petitioner, in any manner or upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or of the subject matter, unless, in the case of the adoption of a minor, the petitioner has not taken custody of the minor, or, in the case of the adoption of a minor by a stepparent, the adoption would not have been granted but for fraud perpetrated by the petitioner or the petitioner's spouse, or, in the case of the adoption of an adult, the adult had no knowledge of the decree within the six-month period.
(C) Upon a motion by any person, the court may reconsider and vacate the adoption decree concerning a child if there is clear and convincing evidence the child was a victim of trafficking in persons pursuant to section 2905.32 of the Revised Code. A conviction is not required to reconsider the adoption under this division.
Last updated February 4, 2025 at 11:18 AM
Available Versions of this Section
- September 18, 1996 – House Bill 419 - 121st General Assembly [ View September 18, 1996 Version ]
- March 23, 2015 – Senate Bill 250 - 130th General Assembly [ View March 23, 2015 Version ]
- March 20, 2025 – Amended by House Bill 5 - 135th General Assembly [ View March 20, 2025 Version ]