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Judge Gallagher
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Adoption FAQ's

Who may adopt?
1. A husband and wife jointly 
2. Step-parent
3. Single Adult

Who may be adopted?
1. Minor child
2. An adult person determined to be totally and permanently disabled or mentally retarded
3. An adult may adopt another adult provided a parent-child relationship existed during the adoptee's minority

Who must consent?
The parents of the child to be adopted, a minor being adopted who is over the age of 12 years, and an adult adoptee must consent to adoption. However, under certain circumstances, consent may be waived. Therefore, questions concerning consent should be directed to an agency or attorney.

Is a Home Study Necessary?
Yes. Regardless of the type of adoption, a home study is required. An individual known as an assessor, who is qualified and trained for the task, will complete the home study.

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Is the Birth Certificate Changed?
Yes. The original birth certificate will be sealed and a new birth certificate issued. The adopting parent or parents will be reflected on the birth certificate, just as though they had been the biological parents. Adopted children born in Ohio or a foreign country, receive their new birth certificate from the Bureau of Vital Statistics, Columbus, Ohio. Children adopted in Ohio, but born in other states, obtain their new birth certificates from the Bureau of Vital Statistics in the state where they were born.

Must I Appear in Court?
Yes. It is mandatory, whether adopting through an agency, or independently, that the person adopting and the child or children sought to be adopted appear before the Probate Court for the final hearing. In certain circumstances, there may be other appearances required. Any exceptions can only be granted by the Court for good cause shown.

Must I have an Attorney?
In Cuyahoga County, it is not required that an attorney be involved in the adoption process. However, in the case of a contested adoption, representation by counsel is strongly recommended.

What are the Rights of an Unwed Father?
An unwed father, known as a putative father, may preserve his rights to consent to an adoption of a child born after January 1, 1997, by registering with the Ohio Department of Human Services, Putative Father Registry. Registration must occur either prior to birth, or no later than thirty days after birth. As to the rights of a putative father prior to January 1, 1997, contact an agency or attorney.

What are the Types of Adoption?
Click here to view the Adoption Page which explains the various types of adoptions.

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What is an Open Adoption?
As an alternative to a traditional closed adoption where identities are not disclosed, an open adoption occurs when both the natural and adopting parents, prior to the adoption, voluntarily disclose their identities to each other. Open adoption law applies only to non-relative adoptions, and may involve a non-binding agreement for contact between the adopted child and the natural parent(s). However, all parental control of the adopted child remains with the adopting parents.

For more information on open adoptions, contact an agency or attorney.

What is the Access to Adoption Files?
Adoption files are confidential, and closed to the public. The adoptee or adopting parents, however, may obtain the following information:

  1. Medical Information: Generally, all adoption records are open for the purpose of obtaining the medical background of biological parents. The court or agency involved in the adoption should be contacted for that information.
  2. Identifying Information - Biological Parents:
    • Prior to 1964: copies of the original birth certificate may be obtained from the State Bureau of Vital Statistics.
    • 1964-1996: Adoption records for this period are closed. Identifying information will be released only if the biological parent(s), or an adult sibling, has signed a Release of Information.
    • 1996 to date: Since September 18, 1996, adoption records are open unless the biological parent(s) have requested that identifying information be withheld. The State Bureau of Vital Statistics should be contacted.

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Where can I Obtain Information About Adoptions?
Check your telephone book if an address or telephone number is not listed below:

COUNTY OFFICES
Probate Court
1 Lakeside Avenue
Cleveland, Ohio 44113
216-443-8764
or 216-443-8765
Department of Children and Family Services
Jane Edna Hunter Building
3995 Euclid Avenue
Cleveland, Ohio 44115
(216) 431-4500
Board of County Commissioners
Health and Human Services

1219 Ontario Street, 4th Floor
Cleveland, Ohio 44113
(216) 443-7178
PRIVATE AGENCIES
Local Bar Association
(for referral to attorney who specializes in adoption law)
Private Adoption Agencies
(licensed by the State of Ohio)
STATE AGENCIES
Bureau of Vital Statistics
Ohio Department of Health
35 E. Chestnut St., 6th Floor
P.O. Box 15098
Columbus, OH 43215-0098
Ohio Putative Father Registry
30 E. Broad Street, Floor 31
Columbus, OH 43266-0423
Ohio Department of Job and Family Services
30 E. Broad Street, Floor 31
Columbus, OH 43266-0423

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1 Lakeside Avenue - Cleveland, Ohio 44113
216-443-8764 or 216-443-8765
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