The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
Sub. H. B. No. 92 As Reported by the House Judiciary and Ethics CommitteeAs Reported by the House Judiciary and Ethics Committee
|129th General Assembly|
Representatives Martin, Beck
Representatives Derickson, Boose, Blair, Pillich, Okey, Murray, Slesnick, Maag, Johnson, Letson, Szollosi, McKenney, Bubp, Stinziano, Huffman, Coley
To amend section 3107.02 of the Revised Code to allow
an adult to be adopted if the adult is the child
of the spouse of the adoption petitioner, is
totally or permanently disabled, had established a
kinship caregiver relationship with the
petitioner, or was in a planned permanent living
arrangement with a public children services or
private child placing agency, and the adult
consents to the adoption.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3107.02 of the Revised Code be
amended to read as follows:
Sec. 3107.02. (A) Any minor may be adopted.
(B) An adult may be adopted under any of the following
(1) If the adult is totally
and or permanently disabled;
(2) If the adult is determined to be a mentally retarded
as defined in section 5123.01 of the Revised Code;
(3) If the adult had established a child-foster caregiver,
kinship caregiver, or child-stepparent relationship with the
petitioners as a minor, and the adult consents to the adoption;
(4) If the adult was, at the time of the adult's eighteenth
birthday, in the permanent custody of or in a planned permanent
living arrangement with a public children services agency or a
private child placing agency, and the adult consents to the
(5) If the adult is the child of the spouse of the
petitioner, and the adult consents to the adoption.
(C) When proceedings to adopt a minor are initiated by the
filing of a petition, and the eighteenth birthday of the minor
occurs prior to the decision of the court, the court shall require
the person who is to be adopted to submit a written statement of
consent or objection to the adoption. If an objection is
submitted, the petition shall be dismissed, and if a consent is
submitted, the court shall proceed with the case, and may issue an
interlocutory order or final decree of adoption.
(D) Any physical examination of the individual to be adopted
as part of or in contemplation of a petition to adopt may be
conducted by any health professional authorized by the Revised
Code to perform physical examinations, including a physician
assistant, a clinical nurse specialist, a certified nurse
practitioner, or a certified nurse-midwife. Any written
documentation of the physical examination shall be completed by
the healthcare professional who conducted the examination.
(E) An adult who consents to an adoption pursuant to division
(B)(4) of this section shall provide the court with the name and
contact information of the public children services agency or
private child placing agency that had permanent custody of or a
planned permanent living arrangement with that adult. The
petitioner shall request verification from the agency as to
whether the adult was or was not in the permanent custody of or
in a planned permanent living arrangement with that agency at the
time of the adult's eighteenth birthday and provide the
verification to the court.
(F) As used in this section:
(1) "Kinship caregiver" has the same meaning as in section
5101.85 of the Revised Code.
(2) "Mentally retarded person" has the same meaning as in
section 5123.01 of the Revised Code.
(3) "Permanent custody" and "planned permanent living
arrangement" have the same meanings as in section 2151.011 of the
Section 2. That existing section 3107.02 of the Revised Code
is hereby repealed.