Cincinnati, OH asked in Adoption, Child Custody and Family Law for Ohio

Q: Can a permanent legal guardian adopt without parental consent in Ohio?

Legal guardian to two girls (15yo and 13yo) for the past three years. They came from abuse and neglect. Bio mom is now one year sober. 15yo wants to reconnect with bio mom. 13yo wants nothing to do with bio mom and still wants us to adopt her. Can we adopt 13yo without parental consent?

1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
  • Divorce Lawyer
  • Canton, OH
  • Licensed in Ohio

A: Maybe, was this guardian appointed by the court as part of a permanent custody determination in the DN case? If so then yes. If not then the prospective adoptive parents may need to make additional showings. Whether parental consent is required can also depend on the specific facts and details of the case, as well as the discretion of the presiding judge. If the court determines that obtaining parental consent would not be in the child's best interests or is not feasible due to parental abandonment, abuse, or other compelling reasons, it may waive the consent requirement. It will be well worth the investment to consult with a qualified family law attorney the county with jurisdiction over the child, who can provide tailored guidance based on the specific details of your situation and represent your interests throughout the adoption process.

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