CAN STEPPARENTS ADOPT WITHOUT THE BIO PARENT’S PERMISSION?
Throughout the State of Ohio there are many cases where a stepparent is caring for a minor child in place of a biological parent with little to no help from the biological parent. In some cases, the absent parent may owe extensive outstanding arrears for child support. In other cases, there may not be any prior court orders or parentage is unknown. Most courts will require at least some notice of adoption to go out to the parent whose rights may be terminated but not all circumstances require a parent to give consent for the adoption.
In all cases of adoption in Ohio the mother of the minor child must be served with statutory notice of the adoption so that she is given an opportunity to appear if she wishes to contest the adoption. A father must be given notice of an adoption proceeding if prior to the date the petition was filed, it was determined by a court proceeding (such as a child custody case) or administrative proceeding (such as child support) that he has a parent and child relationship with the minor. Fathers in Ohio can protect their statutory right to receive notice of an adoption by filing into the putative father’s registry or by signing their minor child’s birth certificate and/or acknowledgment of paternity. Pursuant to Ohio Revised Code 3107.061 a man who has sexual intercourse with a woman is considered to already be on notice that if a child is born as a result and the man is the putative father, the child may be adopted without his consent if the putative father fails to register as the minor’s putative father with the Ohio putative father registry. In cases where a father is not registered and his whereabouts are unknown it is likely a putative father may not learn of an adoption at all.
Even when parents are required to receive the proper statutory notice of their minor child’s adoption, their consent to the adoption may not be necessary despite their best arguments against the adoption. If the court finds that a putative father has willfully abandoned or failed to care for and support the minor child, then the minor child may be adopted without the consent of the father. Consent to an adoption is also not required if it is alleged in the adoption petition and the court finds by clear and convincing evidence that either parent has failed without justifiable cause to provide more than “de minimis” contact with the minor or to provide for the maintenance and support of the minor for a period of at least one year immediately preceding the filing of the adoption petition or placement. This means that an Ohio parent who has not provided de minimis contact and support for at least one year in compliance with a court order, such as child support, is at risk of having their parental rights terminated against their wishes and without their consent.
Other situations exist under Ohio law where consent for an adoption is not required by the biological parent. A putative father’s consent for adoption is not necessary if he has not signed the registry or if it is later found he is not the father of the minor. Consent for adoption by a putative father who has signed the registry may not be necessary if the court finds that he has willfully abandoned the mother of the minor during her pregnancy and up to the time of her surrender of the minor or placement of the minor for adoption. Consent for adoption is also not necessary if a parent is declared incompetent or if a parent has failed to respond in writing to an adoption petition after being properly notified of the proceedings. The court will not require consent for adoption from a guardian, custodian or other party who merely has temporary custody of a minor child.
When a stepparent adoption is granted the biological parent’s rights are permanently terminated. In the event of a Divorce, the adopting stepparent will hold the same rights of a biological parent in making claims for child custody and in payment of child support.