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Ohio Relinquishment, Consent, Revocation laws

Relinquishment - Consent - Time to Revoke

Ohio



Who Must Consent:


  • The mother.
  • The father if he was married to the mother at the time of conception, is the adoptive father, or has established paternity.
  • The putative father.
  • Any agency or person having permanent custody.
  • The court having jurisdiction to determine custody.


Consent of Adoptee:

A child 12 years or older must consent, unless it is in the child's best interest to waive the requirement.

When Parental Consent is Not Needed:


  • The parent fails to contact or provide for the child for 1 year.
  • The putative father is not the actual father.
  • The parent relinquishes or has parental rights terminated.
  • A guardian or custodian withholds consent unreasonably.
  • A parent or guardian is in a foreign country and child is released for adoption pursuant to laws in that country.



When Relinquishment Can Be Signed:

Consent cannot be executed until at least 72 hours after the child's birth.

How Relinquishment Must Be Signed:


  • By the adoptee in the presence of the court.
  • By an agency, before an authorized person.
  • By another person or parent except the minor, before the court or an authorized person.
  • By court order.

Time for Revocation:

A consent is irrevocable except if consent is withdrawn prior to the: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 adoptee.

Adapted from materials prepared by the National Adoption Information Clearinghouse.

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