Consent is the formal process necessary to relinquish parental rights to a person to be adopted and allow an adoption to proceed. This FAQ is a summary of Ohio statutes regarding consent with corresponding Ohio Revised Code sections cited.
Frequently Asked Questions
Q: Who must consent to the adoption?
A: Consent must be executed in writing or by personal appearance by all of the following: the mother; the birth father or the putative father; any person or agency having permanent custody or authorized by court order or consent; and the minor, if more than twelve years of age. (§3107.06)
Q: How does a father establish paternity in order to give or refuse consent to adoption?
A: To establish parenthood so that consent is necessary, a father must prove one of the following: that he is married to the mother, has adopted the minor, has acknowledged paternity by affidavit or court proceeding, has a parent-child relationship that has been determined by a court or administrative proceeding, has registered on the putative father registry, has signed the birth certificate, or has filed an objection to the adoption prior to the placement of the child in the potential adoptive parent’s home or within thirty (30) days of the filing of the petition or the placement of the child of the child in the home, whichever occurs first. (§3107.06)
Q: Does a minor child have to consent to the adoption?
A: A minor must consent if he/she is more than twelve years of age unless the court, finding that it is in the best interest of the minor, determines that the minor’s consent is not required. (§3107.06(E))
Q: When do parties give consent?
A: Consent can be given any time so long as it is 72 hours after the birth of the child. (§3107.08)
Q: How does a birth parent give consent?
A: A birth parent must do the following in order to execute consent: appear in court, and sign, complete and file the component consent form. If the child to be adopted is less than six months of age the parent(s) do not have to personally appear in court but rather can execute consent by doing one of the following: sign a notarized statement of consent before the attorney arranging the adoption, or sign, complete and file the component consent form. If a birth parent lives outside of Ohio, the parent may consent without personally appearing in court by executing consent before a person authorized to take acknowledgements and filing the consent with the court where the adoption petition was filed. (§3107.081)
Q: Can consent be revoked?
A: Consent is irrevocable except if it is withdrawn prior to the entry of the interlocutory order or entry of the final decree, when no other order has been entered. The court must hold a hearing to determine if withdrawal of consent is in the best interest of the person to be adopted. (§3107.084)