INSTRUCTIONS FOR FILING A PETITION FOR ADOPTION OF ADULT

 

These instructions are intended as a guideline only and should not be relied upon as a comprehensive list when filing a petition for adoption of adult.

 

 

In accordance with R.C. 3107.02, a petition for adoption of adult may only be filed if:

            Adoptee is totally and permanently disabled;

            Adoptee was determined to be a mentally retarded person; or

Adoptee established a foster child-foster parent or stepchild-stepparent relationship with petitioner as a minor.

 

A fee of $131.00 is required at the time of filing.  Please confirm the amount with the Cashier since filing fees may have changed subsequent to the publication of this instruction sheet.  This fee must be paid in cash, money order, certified check, MasterCard, Discover, or American Express.  No personal checks will be accepted.

 

The forms may be obtained from the Issue Desk on the 9th floor of the Probate Court, 230 E. 9th Street, Cincinnati, Ohio or by downloading the forms from the web site.

 

 

PROCEDURAL STEPS

STEP 1: Complete the following forms

Petition for Adoption of Adult (Form 19.0)

     -    Complete form

     -    Attach a certified copy of the adoptee’s birth certificate.

 

Judgment Entry Setting Hearing (H.C. Form 19.01)

     -    Fill in the caption only.

     -    The hearing date will be assigned by the magistrate

 

Consent to Adoption (Form 18.3)

     -    Need consent from stepparent and the biological parent to whom the stepparent is married.

     -    Need consent from adult being adopted.

 

Statement of Adopted Person (H.C. 118.80)

-          Fill in caption only.

 

Decision of Magistrate (H.C. 118.70)

     -    Fill in caption only.

     -    Magistrate will complete the form on the day of the hearing.

 

Final Order of Adoption of Adult (19.1)

     -    Complete form.

     -    Magistrate will sign completed form on the day of the hearing; if the petition is granted.

 

Adoption Certificate for Parents (18.8)

     -    Complete form.

     -    Magistrate will sign form on the day of the hearing.

 

Vital Statistics – Certificate of Adoption

     -    Complete first part of form.

     -    If the adoption has been granted, the clerk will complete a copy of this form (certification) and mail it

           to the Ohio Department of Health who will issue a new birth certificate.

 

STEP 2:  Assigning of Magistrate, reviewing of forms and setting of hearing

When all forms have been completed, present them to the magistrate’s assistant at the information desk on the 9th Floor of Probate Court for a magistrate to be assigned.  All forms are then taken to the available magistrate for review and setting of hearing date.

 

STEP 3:  Filing of Forms with Cashier

All forms are taken to the cashier who will assign a case number.

At this time, the cashier will require the payment of the filing fee.

The cashier will stamp the case number on all forms, retain and clock in all original forms that could be filed, and return originals that were unable to be filed back to you to bring to Court the day of the hearing.

The cashier will stamp the case number on one set of copies and marked them “filed”, if provided.

 

STEP 4:  Day of Hearing

At the date and time of the hearing, you (and your attorney, if attorney is obtained) should report to the 9th Floor of the Probate Court to the assigned magistrate. (The magistrate will already have the file with the forms you initially filed.)

If you had to obtain consents you will give them to the magistrate.

The magistrate will conduct the hearing, and if the magistrate finds the petition should be granted, will issue an order finalizing the adoption.

 

STEP 5:  Completion of Petition

The clerk will complete a copy of the Vital Statistics – Certificate of Adoption and send the copy to the Bureau of Vital Statistics in the state where the adult was born.

If the adult was born in Ohio, request a new birth certificate, in writing, along with a check for $21.50, six weeks from the date of finalization, to the following: Bureau of Vital Statistics

                                                                                     Ohio Department of Health

 246 North High Street

                                                                                     P. O. Box 15098

                                                                                     Columbus, Ohio  43215-0098

 

The new birth certificate should be received in approximately 4 months.

If the adult was not born in Ohio, please contact the capital of the state where the child was born for further instructions.