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OHIO -- Who May Adopt & Who May be Adopted


Frequently Asked Questions

Q: Who may adopt?

A: A husband and wife must file an adoption petition together and at least one must be an adult. The only exceptions are a stepparent adoption or when there has been a separation, prolonged unexplained absence, unavailability, incapacity, or other similar circumstances. An unmarried adult may also adopt. Ohio does not have an age limit.
Ohio Revised Code § 3107.03

Q: Who may be adopted?

A: Minors may be adopted. Adults may only be adopted under the following circumstances: total and permanent disability, mental retardation, if a parent-child relationship had been established while the child was still a minor (ex/ stepparent, foster parent), or if the adult was in the permanent custody of the state at the time of his/her eighteenth birthday.
Ohio Revised Code § 3107.02

Q: In which court do I file the adoption petition?

A: An adoption must be filed with the probate court in any of the following counties: where the child was born, where the adoptive parent(s) currently reside, where the child currently resides, or where the child’s parent resides.
Ohio Revised Code § 3107.04

Q: Can stepparents adopt?

A: Yes. Please refer to the separate FAQ document on Stepparent Adoption for detailed information.



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