A lawyer usually coordinates private adoptions. This kind of adoption involves a child who isn't in the custody of the county or state. It generally involves a direct arrangement between the adoptive and birth parents. In this type of adoption, the birth parents give consent to the adoptive parents.
*Note: In Ohio, only an agency or attorney can make formal arrangements for an adoption. An adoption attorney in the state of Ohio is not allowed to represent both parties. Adoptive and birth parents each have to have their representation.
In a public adoption, the court has removed a child from his or her natural parent’s home often due to abuse, neglect, or dependency concerns. The adoption process differs greatly from county to county in Ohio and an attorney should be consulted. In these cases, the county children's services agency may handle the adoption. Or the adoptive parents may enlist a private adoption agency. The county or state typically subsidizes public adoptions. These adoptions also tend to take less time than other types.
*After adoption, the other natural parent has no legal right to visit the child. He or she also is no longer obligated to support the child. The child will no longer inherit through the other parent or his or her family. Adoption terminates the legal relationship between the child and the other natural parent.
Step-parent adoptions take place when a spouse adopts the other spouse's children. Procedures regarding step-parent adoptions differ from county to county and an attorney should be consulted.
*Following adoption by a step-parent, the county updates the birth certificate. The new birth certificate will list the step-parent as the child’s parent. Even in the event of a divorce, the adopting step-parent will be responsible for child support. He or she is also entitled to visitation or custody rights. The adopted child is also eligible to inherit through the adopting step-parent.
The term "Kinship Care" refers to an arrangement in which a relative or another adult. The caregiver has a relationship or bond with the child and assumes full-time substitute care of a child whose parents are unable or unwilling to do so. Kinship care includes relationships established through legal custody, or guardianship or a relative foster care placement. The relationship may also be informal.
Most kinship care placements are interim placements. Parents often have an opportunity to restore custody. They may need to complete drug or alcohol rehabilitation or take parenting classes. Once they complete the requirements, they may resume custody.
Typical candidates for kinship adoptions are grandparents, aunts, and uncles. The birth mother and father must consent to the adoption of their child. Even if the adoptive parents are close relatives.
Parents may relinquish all parental rights through the Juvenile or the Probate Court. This will allow the kinship family to adopt the child(ren) if they are suitable.
Adoption can occur only after parental rights have been terminated. If the parents do not agree to a kinship adoption, then the adoption will not take place. If the state determines the parents will not be able to resume custody, the judge may terminate their parental rights.
Children Services may get permanent custody from the Juvenile Court. This thereby ending a parent's rights and responsibilities toward their children.
Kinship adoption is a permanent arrangement. The adoption entitles a child to all of the benefits of a biological child. In the state of Ohio, Kinship Adoption may also entitle the children to certain adoption subsidies. Subsidies may include social security, insurance and/or pension benefits.
Birth fathers have 15 days to register with the Ohio Putative Father Registry after the birth of a child.
Call Bret Jordan Co. LPA to discuss the steps of adopting a child and growing your family.