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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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