As Reported by the House Judiciary and Ethics Committee

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 92


Representatives Martin, Beck 

Cosponsors: Representatives Derickson, Boose, Blair, Pillich, Okey, Murray, Slesnick, Maag, Johnson, Letson, Szollosi, McKenney, Bubp, Stinziano, Huffman, Coley 



A BILL
To amend section 3107.02 of the Revised Code to allow 1
an adult to be adopted if the adult is the child 2
of the spouse of the adoption petitioner, is 3
totally or permanently disabled, had established a 4
kinship caregiver relationship with the 5
petitioner, or was in a planned permanent living 6
arrangement with a public children services or 7
private child placing agency, and the adult 8
consents to the adoption.9


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

       Section 1. That section 3107.02 of the Revised Code be 10
amended to read as follows:11

       Sec. 3107.02.  (A) Any minor may be adopted.12

       (B) An adult may be adopted under any of the following 13
conditions:14

       (1) If the adult is totally andor permanently disabled;15

       (2) If the adult is determined to be a mentally retarded 16
person as defined in section 5123.01 of the Revised Code;17

       (3) If the adult had established a child-foster caregiver, 18
kinship caregiver, or child-stepparent relationship with the 19
petitioners as a minor, and the adult consents to the adoption;20

       (4) If the adult was, at the time of the adult's eighteenth 21
birthday, in the permanent custody of or in a planned permanent 22
living arrangement with a public children services agency or a 23
private child placing agency, and the adult consents to the 24
adoption;25

       (5) If the adult is the child of the spouse of the 26
petitioner, and the adult consents to the adoption.27

       (C) When proceedings to adopt a minor are initiated by the 28
filing of a petition, and the eighteenth birthday of the minor 29
occurs prior to the decision of the court, the court shall require 30
the person who is to be adopted to submit a written statement of 31
consent or objection to the adoption. If an objection is 32
submitted, the petition shall be dismissed, and if a consent is 33
submitted, the court shall proceed with the case, and may issue an 34
interlocutory order or final decree of adoption.35

       (D) Any physical examination of the individual to be adopted 36
as part of or in contemplation of a petition to adopt may be 37
conducted by any health professional authorized by the Revised 38
Code to perform physical examinations, including a physician 39
assistant, a clinical nurse specialist, a certified nurse 40
practitioner, or a certified nurse-midwife. Any written 41
documentation of the physical examination shall be completed by 42
the healthcare professional who conducted the examination.43

       (E) An adult who consents to an adoption pursuant to division 44
(B)(4) of this section shall provide the court with the name and 45
contact information of the public children services agency or 46
private child placing agency that had permanent custody of or a 47
planned permanent living arrangement with that adult. The 48
petitioner shall request verification from the agency as to 49
whether the adult was or was not in the permanent custody of or 50
in a planned permanent living arrangement with that agency at the 51
time of the adult's eighteenth birthday and provide the 52
verification to the court.53

       (F) As used in this section:54

        (1) "Kinship caregiver" has the same meaning as in section 55
5101.85 of the Revised Code.56

        (2) "Mentally retarded person" has the same meaning as in 57
section 5123.01 of the Revised Code.58

        (3) "Permanent custody" and "planned permanent living 59
arrangement" have the same meanings as in section 2151.011 of the 60
Revised Code. 61

       Section 2. That existing section 3107.02 of the Revised Code 62
is hereby repealed.63