As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 92

Representatives Martin, Beck 

Cosponsors: Representatives Derickson, Boose, Blair, Pillich, Okey, Murray, Slesnick, Maag, Johnson 

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A BILL

To amend section 3107.02 of the Revised Code to allow

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an adult to be adopted if the adult is the child

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of the spouse of the adoption petitioner and the

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adult consents to the adoption.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3107.02 of the Revised Code be	5
amended to read as follows:	6

Sec. 3107.02.  (A) Any minor may be adopted.

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(B) An adult may be adopted under any of the following	8
conditions:	9

(1) If the adult is totally and permanently disabled;

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(2) If the adult is determined to be a mentally retarded	11
person as defined in section 5123.01 of the Revised Code;	12

(3) If the adult had established a child-foster caregiver or	13
child-stepparent relationship with the petitioners as a minor, and	14
the adult consents to the adoption;	15

(4) If the adult was, at the time of the adult's eighteenth	16
birthday, in the permanent custody of a public children services	17
agency or a private child placing agency, and the adult consents	18
to the adoption;	19

(5) If the adult is the child of the spouse of the	20
petitioner, and the adult consents to the adoption.	21

(C) When proceedings to adopt a minor are initiated by the	22
filing of a petition, and the eighteenth birthday of the minor	23
occurs prior to the decision of the court, the court shall require	24
the person who is to be adopted to submit a written statement of	25
consent or objection to the adoption. If an objection is	26
submitted, the petition shall be dismissed, and if a consent is	27
submitted, the court shall proceed with the case, and may issue an	28
interlocutory order or final decree of adoption.	29

(D) Any physical examination of the individual to be adopted	30
as part of or in contemplation of a petition to adopt may be	31
conducted by any health professional authorized by the Revised	32
Code to perform physical examinations, including a physician	33
assistant, a clinical nurse specialist, a certified nurse	34
practitioner, or a certified nurse-midwife. Any written	35
documentation of the physical examination shall be completed by	36
the healthcare professional who conducted the examination.	37

(E) An adult who consents to an adoption pursuant to division	38
(B)(4) of this section shall provide the court with the name and	39
contact information of the public children services agency or	40
private child placing agency that had permanent custody of that	41
adult. The petitioner shall request verification from the agency	42
as to whether the adult was or was not in the permanent custody of	43
that agency at the time of the adult's eighteenth birthday and	44
provide the verification to the court.	45

Section 2. That existing section 3107.02 of the Revised Code	46
is hereby repealed.	47