Section 3107.02 | Who may be adopted - physical examination.
(A) Any minor may be adopted.
(1) A final decree of adoption shall not be issued and an interlocutory order of adoption does not become final until the person to be adopted has lived in the adoptive home for at least six months after placement by an agency, or for at least six months after the department of job and family services or the court has been informed of the placement of the person with the petitioner, and the department or court has had an opportunity to observe or investigate the adoptive home, or in the case of adoption by a stepparent, until at least six months after the filing of the petition, or until the child has lived in the home for at least six months.
(2) In the case of a foster caregiver adopting a foster child, a person adopting a child to whom the person is related, a kinship caregiver, a legal custodian, or a guardian adopting a child, the court shall apply the amount of time the child lived in the home of the foster caregiver, relative, kinship caregiver, legal custodian, or guardian prior to the date the foster caregiver, relative, kinship caregiver, legal custodian, or guardian files the petition to adopt the child toward the six-month waiting period established by division (A)(1) of this section.
(B) An adult may be adopted under any of the following conditions:
(1) If the adult is totally or permanently disabled;
(2) If the adult is determined to be a person with a developmental disability, as defined in section 5123.01 of the Revised Code;
(3) If the adult had established a child-foster caregiver, kinship caregiver, or child-stepparent relationship with the petitioners as a minor, and the adult consents to the adoption;
(4) If the adult was, at the time of the adult's eighteenth birthday, in the permanent custody of or in a planned permanent living arrangement with a public children services agency or a private child placing agency, and the adult consents to the adoption;
(5) If the adult is the child of the spouse of the petitioner, and the adult consents to the adoption.
(C) When proceedings to adopt a minor are initiated by the filing of a petition, and the eighteenth birthday of the minor occurs prior to the decision of the court, the court shall require the person who is to be adopted to submit a written statement of consent or objection to the adoption. If an objection is submitted, the petition shall be dismissed, and if a consent is submitted, the court shall proceed with the case, and may issue an interlocutory order or final decree of adoption.
(D) An adult who consents to an adoption pursuant to division (B)(4) of this section shall provide the court with the name and contact information of the public children services agency or private child placing agency that had permanent custody of or a planned permanent living arrangement with that adult. The petitioner shall request verification from the agency as to whether the adult was or was not in the permanent custody of or in a planned permanent living arrangement with that agency at the time of the adult's eighteenth birthday and provide the verification to the court.
Last updated January 27, 2025 at 2:07 PM
Available Versions of this Section
- September 30, 2011 – House Bill 92 - 129th General Assembly [ View September 30, 2011 Version ]
- October 12, 2016 – House Bill 158 - 131st General Assembly [ View October 12, 2016 Version ]
- March 20, 2025 – Amended by House Bill 5 - 135th General Assembly [ View March 20, 2025 Version ]