Consent to Adoption
To better understand this issue and to view it across States, see the
Consent to Adoption (
PDF - 777 KB) publication.
Who Must Consent to an Adoption
Citation: § 3107.06- The mother
- The father:
- If the child was conceived or born while he was married to the mother
- If he is the adoptive father
- If he has established paternity
- The putative father
- Any agency or person having permanent custody
- The court having jurisdiction to determine custody
Age When Consent of Adoptee is Considered or Required
Citation: § 3107.06
A child 12 years of age or older must consent, unless the court finds that it is in the child's best interest to waive
When Parental Consent is not Needed
Citation: § 3107.07- The parent has failed to contact or provide for the child for 1 year.
- The putative father has failed to register with the putative father registry within 30 days of the child’s birth.
- The putative father is not the actual father or has abandoned the child before or after birth.
- The parent has relinquished rights or has had parental rights terminated.
- The father or putative father is convicted of a rape that results in the conception of the child.
- A guardian or custodian withholds consent unreasonably.
- A parent or guardian is in a foreign country and child has been released for adoption pursuant to laws in that country.
When Consent Can Be Executed
Citation: § 3107.08(A)
Consent cannot be executed until at least 72 hours after the child's birth.
How Consent Must Be Executed
Citation: § 3107.08
Consent must be executed in the following manner:
- If by the adopted person, in the presence of the court
- If by an agency, before an authorized person
- If by another person, before the court or an authorized person
- If by a court, by an appropriate order
Revocation of Consent
Citation: § 3107.084
A consent is irrevocable except if consent is withdrawn prior to the:
- Entry of the interlocutory order
- Entry of the final decree, when no other order has been entered, after a hearing that finds withdrawal is in the best interest of the adopted person
From the Child Welfare Information Gateway