Summary of Ohio Law Regarding Access to Birthparent Information & Adoption...
There have been several postings from folks adopted in Ohio, which has a variety of
search procedures depending upon when an adoption occurred. Attached is a summary of Ohio law. I hope this will be helpful.
SUMMARY OF OHIO LAW REGARDING ACCESS TO BIRTHPARENT INFORMATION & ADOPTION RECORDS
In Ohio, there are different access systems for adopted persons, depending on the year the adoption occurred.
Open access to birthparent identifying information for those adoptions finalized prior to January 1, 1964: Adopted persons who adoptions were decreed prior to January 1, 1964, original
birth certificates, adoption papers, and documents pertaining to original birth records are available (ORC 370.5 12, effective March 19, 1985). These persons can receive their original birth certificate through the Ohio Department of Health. There is a $20.00 charge to access this information, and you must also provide two pieces of identification and a notarized affidafit. Contact: Vital Statistics, Ohio Department of Health at (614) 644-5635 or on the web at: www.odj.state.oh.us/Birth/adopt.htm
Closed access to birthparent identifying information for those adoptions finalized between January 1, 1964 and September 18, 1996: Birth and adoption records in and following 1964 are "sealed" to the adopted person unless mutual consent of the birthparent/-sibling and adult adopted persons (age 21 or older) occurs through the State Adoption Registry (ORC 3107.41, effective 1985).
The State Adoption Registry was established in 1985. Persons involved with the adoption process from this time forward were to be informed of this registry mechanism. It was also made retroactive for persons involved in adoptions from 1964 to 1985.
The registry is set up to allow a birthparent/sibling to sign, at any time, a "Release of Identifying Information" form, which would be placed on filed with the Ohio Department of Health, Bureau of Vital Statistics. At age 21, an adopted person may file a petition with the Probate Court that finalized his/her adoption, to see if such a form has been filed. In the event of a match, identifying information is released to the adopted person.
Procedure to file a petition with the Probate Court: The system of verification requires adopted persons to petition the Probate Court in the county where their adoption was finalized and pay the court a fee. The court contacts the adoption agency involved (if applicable). This agency contacts the Department of Health to verify that availability of the original birth certificate and the presence and status of signed release forms. The agency reports the results to the Probate Court for appropriate action. If there is a release on file, the Probate Court mandates the agency to release the identifying information to the adopted person. If no release is on file, the Probate Court notifies the adopted person of that fact.
Open Access to birthparent information for those adoptions occurring after September 18, 1996: Identifying information, pursuant to Section 3301.0714 of the Ohio Revised Code, is identified as the following:
1) First name, last name or maiden name
2) Alias
3) Social Security number
4) Address
5) Telephone number
6) Place of employment
7) Number used to identify the person for the purpose of the statewide education management information system; or
8) Any other number that Federal or State law requires or permits to be used to identify the person.
Under H.B. 419 (for adoptive placements occurring after September 18, 1996), birthparents must complete the ODHS/JFS 1693 Ohio Law and Adoption Materials form. As part of this form, a birthparent must choose to: 1) allow identifying information released to the adoptive parent or adopted person, OR 2) prohibit the release of identifying information to the adoptive parent and adopted person. This decision can be changed at any time by a birthparent filling a new ODHS/JFS 1693 with the Ohio Department of Health. In order for the adopted person to receive identifying information, the birthparents must have signed the ODHS/JFS 1693 giving permission to release identifying information to the adoptive parent or adopted person.
Age requirements for the release of birthparent identifying information to adoptive
parents and adopted persons: When the adopted person is at least 18 years of age, the adoptive parent can contact the Ohio Department of Health's Bureau of Vital Statistics to request a copy of the contents of the adoption file housed at the Ohio Department of Health (ODH).
When the adopted person is 21 years of age or older, the adopted person can submit a request to the ODH for a copy of the adoption file housed at ODH.
Other: When an adopted person is 21 years of age or older, the adopted person can request ODH to assist the adopted person's birthparents or birth siblings in finding the adopted person's name by adoption. They may reverse their decision at any time.
Access to Non-Identifying Information after September 16, 1996: The adoptive parents or an adopted person may receive at any time from the adoption agency, the following non-identifying information:
1) Birthparents' ages at the time the birthparents' child was adopted;
2) Medical and genetic history of the birthparents
3) Age, sex, and medical and genetic history of adopted person's birth siblings and
extended family members;
4) A birthparent's heritage and ethnic background, educational level, general physical appearance, religion, occupation, and cause of death (if applicable and known);
5) Any information included on the ODHS/JFS 1616 Social and
Medical History form;
6) Any information not deemed as identifying per definition in H.B. 419.
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