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JPEsq
JPEsq, Attorney
Category: Legal
Satisfied Customers: 5104
Experience:  Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
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I am a woman with a male significant-other for over 12 years.

Customer Question

I am a woman with a male significant-other for over 12 years. Can he adopt my daughter in Ohio if my daughter is 21? This is consensual, of course. It is mostly to honor his parents as grandparents.
Submitted: 5 years ago.
Category: Legal
Expert:  JPEsq replied 5 years ago.

Sure. You can adopt an adult and it is commonly done so that the person can take from the estate as an heir.

 

The natural father will have to be notified though.

JPEsq, Attorney
Category: Legal
Satisfied Customers: 5104
Experience: Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
JPEsq and 14 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Is this answer correct in every state including ohio? We do not know how to reach her father to tell him.
Expert:  JPEsq replied 5 years ago.

Yes, and adult can be adopted in every state. If you cannto find the father, you can publish by notice in the newspaper.

Customer: replied 5 years ago.
Do I need an attorney to accomplish this
Expert:  JPEsq replied 5 years ago.
You never have to have an attorney, but I would highly suggest it. Although the process is not that complicated, an attorney can make sure all the rules are followed, and thatteh adoption is valid
Customer: replied 5 years ago.
you can publish by notice in the newspaper. Is this before or after the adoption and I am assuming I need to publish his name and her name? the adopted fathers name? my name?
Expert:  JPEsq replied 5 years ago.

There is a prescribed statutory form for the notice... you basically publish in his last known address in the newspaper. The newspaper will know the format, but yes, it includes his name and her name and the cause of action.

 

This is after you file the Petition for Adoption of an Adult, and before the final determination by the court

Customer: replied 5 years ago.
I am kid of assuming the attached regarding Ohio law is in reference to a "child" whose consent is not needed but since my daughter is 21, it is fine to adopt her if she agrees, am I right?

ohio adoption laws, page 4
parties to adoption
Who May Adopt
Statute: § 3107.03

A husband and wife together, at least one of whom is an adult
An unmarried adult or a married person singly if legally separated
An unmarried minor parent
A stepparent
Who May Be Adopted
Statute: § 3107.02

in
Ohio    
Want to adopt?
Pregnant?
click here

Any minor
An adult if he is:

Totally and permanently disabled
Mentally retarded
A stepchild or foster child and the relationship was established while the person was still a minor
Who May Place a Child for Adoption
Statute: § 3107.011

All adoptions must be arranged by an agency or an attorney.
Expert:  JPEsq replied 5 years ago.

Here is the entire code: http://codes.ohio.gov/orc/3107

 

I am sorry, I was unaware of the OH qualification for an adult child... I have never seen that in another State.

 

You would have to make an argument that the significant other falls into the step-parent catagory. Since Ohio does not recognize common law marriage, it will be up to your individual judge whether to grant the Petition. The law is meant to stop friends from adopting each other to gain inheritance rights, etc... not to prevent circumstances like yours. You could make a solid argument that the intent of law is not violated by allowing the adoption to happen, as the significant other was standing "in loco parentis".

 

You are definately going to need a lawyer for this, and even then, it is far from a sure thing.

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