These instructions are intended as a guideline only and should not be relied upon as a comprehensive list when filing a private adoption. A private adoption is when the person to be adopted is not held in the custody of an agency or is not a stepchild. An agency adoption is when the child is in the permanent custody of the agency.
Before a Petition for Adoption may be filed in a private independent case, there must be a proper legal placement. Placement may occur by means of an Application for Placement, Legal Custody through a Juvenile or Domestic Relations Court, or a Guardianship order from a Probate Court.
The petitioner(s) for adoption must be represented by an attorney.
A fee is required at the time of filing (if more than one child additional fees are required).
ALL FORMS MUST BE COMPLETE, INCLUDING APPROPRIATE CAPTION INFORMATION, AND MUST BE LEGIBLE. INCOMPLETE FILINGS WILL NOT BE ACCEPTED AND WILL BE RETURNED.. Pursuant to Local Rule all Attorney filings must be typewritten / Computer Generated. An initial deposit of $150.00 is required to be paid to the clerk.
Required Adoption Pleadings
Form AC-005 - Praecipe for Service (Word | PDF) : Note: You must either request 1) sheriff service or 2) Certified Mail with ordinary mail waiver.
AC-404 Affidavit for Posting-Probate (Word | PDF); Required when the location of a birth parent is not known. You MUST make attempts to locate using internet sources or other public records.
AC-405 Probate Legal Notice for Posting (Word | PDF): This is the notice that would be used for the posting.
Birth Certificate - Must be certified copy
Required Assessor; You must contact the Court to obtain the name(s) of approved assessors for the adoption. There is a $500.00 fee that must be paid to the clerk.
Form 18.0 - Petition for Adoption of Minor
If placement is through a placement application - see the checklist for Placement Applications
Attach a certified copy of the guardianship order, if applicable.
Attach a certified copy of the order granting legal custody, if applicable.
Do NOT use an AKA in the Case Caption
If a party or the child has used multiple names, you must use an Affidavit of one and the Same.
Form 18.1 - Judgment Entry Setting Hearing and Ordering Notice
Fill in the name only, the Court will fill in hearing date & time and sign & date the form.
Form 18.2 - Notice of Hearing on Petition for Adoption
If a birth parent/legal parent will not consent to the adoption and the parent’s whereabouts are known, then notice must be served on the birth parent/legal parent by certified mail giving the parent notice of the hearing of the adoption proceedings. The court will issue the notice to the parent.
Complete form, The Court will fill in the date and time.
The birth parent/legal parent must receive the notice at least 20 days before the hearing.
If the whereabouts of the parent(s) is not known and an executed consent from that parent(s) has not been obtained, the petitioner will be required to file an affidavit which states what efforts have been made to locate the parents. The court will serve notice of hearing by publication. This procedure does not apply to putative fathers of children born after 1/1/1997. There is a cost for publication.
Ohio Putative Father Registry Certification
If the child to be adopted was born after 1/1/1997 and the birth mother was not married to birth father and no subsequent paternity determination was made after the birth of the child, the Court requires a Putative Father Registry Certification.
The petitioner shall secure the certification from the Ohio Putative Father Registry no sooner than 30 days after the child has been born.
The petitioner shall file the certification with the court.
Form 18.3 Consent to Adoption
Child under six months old or parent resides in another State - Parent must sign. The signature must be notarized.
If the child to be adopted is more than 6 months of age the consent must be taken in front of the probate court, if the parent executing the consent lives in Ohio.
The parent(s) must have completed their birth parent assessment at least 72 hours prior to the execution of the consent, if they live in Ohio.
If the prospective adoptive parent(s) is the guardian, they must also execute a consent to adoption
Form 18.4 Judgment Entry Finding Consent Not Required
Used in those cases where it is alleged that a parent’s consent is not necessary because the 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 as required by law or judicial decree for a period of at least one year immediately preceding either the filing of the adoption petition or the placement of the minor in the home of the petitioner.
This entry will not be granted without proof of actual or constructive notice to the biological parents.
Form 18.5 Interlocutory Order of Adoption
Complete name only.
Filed when child has been in the home for at least 30 days following the date of the entry approving placement.
A hearing date is set for the Final Decree to be considered.
A post-placement home study may be ordered
Form 18.6 Final Decree of Adoption (After Interlocutory Order)
Form 18.7 Final Decree of Adoption (Without Interlocutory Order)
Form 18.8 Adoption Certificate for Parents
only enter the child’s adoptive name on this form
Ohio Department of Health Certificate of Adoption (HEA 2757)
Verify the information carefully. This form is used to generate the new birth certificate for the child.
Form 18.9 Petitioner's Account (preliminary)
Form 18.9 Petitioner's Account (Final) Must be filed no later than 10 days prior to the adoption hearing.