Adoption explained: Steps, agencies and legal requirements in Ohio

November is National Adoption Awareness Month. As the first part in a series of articles examining adoption from a variety of perspectives within what is known as the “adoption triad,” this article is meant as an overview of adoption.

The term “adoption triad” refers to the three parties to an adoption: the birth parents, the adoptive parents and the adoptee (the person being adopted). All the parties to adoption have their own perspective on adoption and legal rights.

In any adoption the birth parent must relinquish their parental rights, either voluntarily or involuntarily. The adoptive parent must assume all parental responsibility for the adopted child, and the court must find the adoption is in the best interests of the child. In Ohio, if the child is over the age of 12, the child also must consent to the adoption.

There are several types of adoption, but the most common starting point for any adoption is identifying the right agency. There are three different kinds of agencies: a private child-placing agency, a public children’s services agency and a private noncustodial agency.

A private child-placing agency is a licensed private organization that is certified under Ohio law to accept temporary, permanent or legal custody of children and place the children either for adoption or foster care.

A public children’s services agency has the same ability to place children but is a publicly supported entity.

Finally, a private noncustodial agency is a private organization that facilitates adoption but does not obtain custody of a child. Prospective adoptive parents can research agencies online and read their compliance reports at fosterandadopt.dcy.ohio.gov/ohio-childcare-needs/service-provider-directory.

In choosing an agency, it helps to have an idea of what adoption you wish to pursue, as this will impact the agency you choose. Not all agencies handle every kind of adoption. Prospective adoptive parents need to decide if they want an infant adoption or an adoption of a child or children who are already in foster care, which may involve an older child or sibling group. While international adoption used to be a viable option, there are very few countries that allow children to be adopted internationally at this time.

Regardless of which option is chosen, adoptive parents need to be prepared to undergo a background check including fingerprinting and a check through the child welfare registry. Additionally, a social worker must meet with the adoptive parents several times over the course of several weeks, interviewing the parents, meeting any other children or family members who reside in the home and assessing the parents’ suitability to adopt. Further, the parents must undergo training in parenting and other matters to prepare them for becoming adoptive parents.

Once the parents have an approved home study, they await being matched with a child. This process could include being selected by a birth parent, the agency selecting the parents or the adoptive parents undergoing a match meeting for a child already in the permanent custody of an agency. If the match is made, the child is placed with the adoptive parents.

In Ohio the child must be placed with the adoptive parents for six months before a petition to adopt can be filed. From there, the adoption proceeds to a court hearing to finalize the adoption. Once finalized, a revised birth certificate is issued showing the adoptive parents as the child’s parents.

One type of adoption not discussed in detail here is stepparent adoption, in which a stepparent applies to adopt their stepchild. Many of the steps in this type of adoption are similar including the requirement for a background check, a home study, and a court process and hearing.

Adoption is a fulfilling and wonderful way to create or expand a family. Of course, like any other legal process, prospective adoptive parents should do their due diligence and consult an attorney.

Monica L. Miyashita is an attorney-at-law and can be emailed at kensingtonlawyer@gmail.com. Be advised the information contained herein is not a substitute for individual legal advice.