Does the other parent still owe child support after a stepparent adoption in Ohio?

Under R.C. 3107.15(A)(1)(a), a final decree relieves the other legal parent of all parental rights and responsibilities, which ends the duty of support going forward. Whether unpaid support from before the decree can still be collected is a separate question, so raise it with the probate court or the county child support enforcement agency. Form 18.0 asks whether a child support order exists and which county agency administers it.

How does a stepparent adoption in Ohio affect inheritance and grandparent visits?

R.C. 3107.15(A)(2) makes the child the stepparent's child for all purposes, including inheritance, while ties to the other parent's side end. One exception applies. If the other parent died before the adoption, R.C. 3107.15(B) keeps the child's rights through that parent, including inheritance, and the adoption does not affect the court's power under R.C. 3109.11 to grant that parent's relatives companionship or visitation.

What if the other parent objects to a stepparent adoption in Ohio?

Without written consent, the case goes forward only if the probate court, after notice and a hearing, finds by clear and convincing evidence that the R.C. 3107.07(A) ground (a year of unjustified failure in contact or support) is met. The R.C. 3107.11(B) notice tells the parent to file a written objection within 14 days of service if the child was under one year old at filing, or 28 days if one or older, and to appear at the hearing. Many families talk with a family law attorney before filing.

How long does a stepparent adoption take in Ohio, and what does it cost?

R.C. 3107.02(A)(1) bars the decree until at least six months after the petition is filed, or until the child has lived in the home for at least six months, and the hearing notice must go out at least thirty days ahead. Filing fees are set by each county probate court, so ask the clerk. If a home study is ordered, R.C. 3107.031 makes the person adopting pay its cost on the court's order.

Does the parent married to the stepparent have to consent in Ohio?

Yes. That parent does not have to join as a petitioner, but R.C. 3107.03(C)(1) lets a married adult adopt alone only when the spouse is the child's parent and consents to the adoption. The decree does not cut that parent's own ties to the child, because R.C. 3107.15(A)(1)(a) excepts the petitioner's spouse and the spouse's relatives.

Stepparent Adoption in Ohio

Reviewed by DocDraft Legal Team - Ohio - Last updated October 6, 2026

In Ohio a stepparent files a petition to adopt a spouse's child in the probate court of a county allowed by R.C. 3107.04, usually on Standard Probate Form 18.0, Petition for Adoption of Minor, a general minor adoption form rather than a stepparent-only one. The other parent must give written consent under R.C. 3107.06 unless R.C. 3107.07(A) applies: the failure must be alleged in the petition, and the court, after proper service of notice and a hearing, must find by clear and convincing evidence that the parent failed without justifiable cause, for the one year immediately before filing, to have more than de minimis contact with the child or to provide meaningful and regular maintenance and support. A child more than twelve years of age must also consent unless the court finds that is not in the child's best interest. For a stepparent, the final decree waits until at least six months after filing, or until the child has lived in the home for at least six months.

Find out where you stand in Ohio

Where are you with adopting your stepchild?

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Can a stepparent adopt in Ohio without the other parent's consent?

Sometimes. Under R.C. 3107.07(A), the petition must allege it, and after proper service of notice and a hearing the probate court must find by clear and convincing evidence that the parent, without justifiable cause, had no more than de minimis contact or gave no meaningful and regular maintenance and support for the year before filing. Either failure is enough.

Which court and which form are used for a stepparent adoption in Ohio?

You file in the probate court, in a county allowed by R.C. 3107.04, such as where you, the child, or the child's parent lives. The usual petition is Standard Probate Form 18.0, Petition for Adoption of Minor. It is a general minor adoption form, not one written only for stepparents, so ask the court about its local forms too.

Is a home study required for a stepparent adoption in Ohio?

R.C. 3107.031 requires a home study for a person seeking to adopt a minor, filed at least ten days before the hearing, and its only written exemption is for certain foster caregivers. The R.C. 3107.12 prefinalization assessment does not apply to a stepparent unless the court orders one. Ask your probate court how it applies these rules.

At what age must the child consent to a stepparent adoption in Ohio?

R.C. 3107.06(D) requires written consent from the minor if more than twelve years of age. The probate court can decide that the child's consent is not required if it finds that is in the child's best interest. List the child among the people whose consent is required on Form 18.0 and file the consent with the court.

Ohio's one year rule, the probate court, and Form 18.0

Ohio adoptions are heard by the probate court, which R.C. 3107.01(F) defines as the court for adoption petitions, in a county allowed by R.C. 3107.04: where the child was born, or where the petitioner, the child, or the child's parent lives when the petition is filed. The Supreme Court of Ohio's Standard Probate Form 18.0, Petition for Adoption of Minor, is a general minor adoption petition, not a stepparent-specific one; it asks for the date and place of your marriage, your relationship to the child, any child support order and the county agency that administers it, and the new name the child will take. The other parent's written consent is required by R.C. 3107.06 unless an exception in R.C. 3107.07 applies. The one most stepparents look at is R.C. 3107.07(A): the failure must be alleged in the petition, and the court, after proper service of notice and a hearing, must find by clear and convincing evidence that the parent failed without justifiable cause to have more than de minimis contact with the child or to provide meaningful and regular maintenance and support as required by law or judicial decree, for a period of one year immediately preceding the filing of the petition. Ohio uses 'or', so either failure can qualify, but a parent with a justifiable cause keeps the right to consent. Once that allegation is filed, R.C. 3107.11(B) has the clerk send the parent a notice explaining the right to object and to have a lawyer. On investigations, R.C. 3107.031 calls for a home study report filed at least ten days before the hearing and names no stepparent exemption, so ask the probate court how it handles stepparent cases; the separate prefinalization assessment in R.C. 3107.12 does not apply to a stepparent unless the court orders it. A child more than twelve years of age must consent under R.C. 3107.06(D) unless the court finds otherwise in the child's best interest, and under R.C. 3107.02(A)(1) the decree cannot issue until at least six months after filing or until the child has lived in the home for at least six months.

Relevant Laws

Ohio Revised Code 3107.06 (Consents required)

Unless R.C. 3107.07 excuses it, a petition to adopt a minor may be granted only with written consent from the minor's parents, the putative father, any person or agency with permanent custody, and the minor if more than twelve years of age, unless the court finds the minor's consent is not required in the minor's best interest.

Ohio Revised Code 3107.07 (Consents not required)

Division (A) excuses a parent's consent when the petition alleges it and the court, after proper service of notice and hearing, finds by clear and convincing evidence that the parent failed without justifiable cause to have more than de minimis contact with the minor or to provide meaningful and regular maintenance and support as required by law or judicial decree for one year immediately preceding the filing of the petition.

Ohio Revised Code 3107.031 (Home study)

Requires an assessor to conduct a home study of a person seeking to adopt a minor, with the written report filed at least ten days before the hearing, and lets the court order the person adopting to pay the cost. Its only stated exemption is for certain foster caregivers; R.C. 3107.12(C) separately exempts stepparents from the prefinalization assessment unless the court orders one.

Supreme Court of Ohio Standard Probate Form 18.0 (Petition for Adoption of Minor)

The statewide probate court petition for adopting a minor, amended November 13, 2025. It is a general minor adoption form used by stepparents, and it includes the request to change the child's name, the list of required consents, and check boxes for the one year contact and support grounds.

Regional Variances

Ohio stepparent adoption requirements

Court

Probate court (R.C. 3107.01(F)), in the county where the child was born, or where the petitioner, the child, or the child's parent resides when the petition is filed (R.C. 3107.04(A)).

Petition form

Standard Probate Form 18.0, Petition for Adoption of Minor (amended November 13, 2025). A general minor adoption petition, not stepparent-specific; check the county probate court for local forms.

Other parent's consent

Written consent required from the minor's parents under R.C. 3107.06(A), unless an exception in R.C. 3107.07 applies. The stepparent's spouse must also consent under R.C. 3107.03(C)(1).

Proceeding without consent

R.C. 3107.07(A): alleged in the petition and found by the court, after proper service of notice and hearing, by clear and convincing evidence: failure without justifiable cause to have more than de minimis contact OR to provide meaningful and regular maintenance and support, for one year immediately preceding the filing of the petition. Objection deadlines of 14 or 28 days are set out in R.C. 3107.11(B).

Home study

R.C. 3107.031 home study, report due at least ten days before the hearing; no stepparent exemption on its face, so confirm with the probate court. The R.C. 3107.12 prefinalization assessment does not apply to a stepparent unless the court orders it.

Residency or waiting period

Decree waits until at least six months after the petition is filed, or until the child has lived in the home for at least six months (R.C. 3107.02(A)(1)).

Child's consent age

More than twelve years of age, unless the court finds the child's consent is not required in the child's best interest (R.C. 3107.06(D)).

Suggested Compliance Checklist

Decide the consent route for the other parent

Before filing days after starting

Ask for written consent first. If you will rely on R.C. 3107.07(A), gather proof covering the one year immediately before filing that the parent had no more than de minimis contact or gave no meaningful and regular maintenance and support, such as contact records and support payment history. The ground must be alleged in the petition, and either failure qualifies only if it was without justifiable cause and the court finds it by clear and convincing evidence after notice and a hearing.

File Form 18.0 with the probate court

At filing days after starting

File Standard Probate Form 18.0 in an eligible county's probate court with the consents you have, a certified copy of the birth certificate if available, and any local forms. Pay the county filing fee set by that court, and list any child support order and its county agency.

Confirm service of notice and any home study

At least thirty days before the hearing days after starting

Make sure the court's notice reaches every person entitled to it under R.C. 3107.11, and that proof of service is filed before the hearing. Ask whether the court requires the R.C. 3107.031 home study, with its report due at least ten days before the hearing, or an R.C. 3107.12 assessment.

Gather the written consents

Before the hearing days after starting

Collect the signed consents from your spouse and, unless excused, the other parent and a child more than twelve years of age. Ask the probate court which consent forms it uses and how they must be signed and filed.

Confirm the child's new name and update records

After the final decree days after starting

Form 18.0 asks the court to change the child's name to the name you list, so enter it correctly when you file. Order certified copies of the decree for schools, Social Security, and passports while the new birth record is issued. A separate name change petition is needed only for name changes outside the adoption.

Document: name-change-petition

Task	Description	Document	Days after starting
Decide the consent route for the other parent	Ask for written consent first. If you will rely on R.C. 3107.07(A), gather proof covering the one year immediately before filing that the parent had no more than de minimis contact or gave no meaningful and regular maintenance and support, such as contact records and support payment history. The ground must be alleged in the petition, and either failure qualifies only if it was without justifiable cause and the court finds it by clear and convincing evidence after notice and a hearing.	-	Before filing
File Form 18.0 with the probate court	File Standard Probate Form 18.0 in an eligible county's probate court with the consents you have, a certified copy of the birth certificate if available, and any local forms. Pay the county filing fee set by that court, and list any child support order and its county agency.	-	At filing
Confirm service of notice and any home study	Make sure the court's notice reaches every person entitled to it under R.C. 3107.11, and that proof of service is filed before the hearing. Ask whether the court requires the R.C. 3107.031 home study, with its report due at least ten days before the hearing, or an R.C. 3107.12 assessment.	-	At least thirty days before the hearing
Gather the written consents	Collect the signed consents from your spouse and, unless excused, the other parent and a child more than twelve years of age. Ask the probate court which consent forms it uses and how they must be signed and filed.	-	Before the hearing
Confirm the child's new name and update records	Form 18.0 asks the court to change the child's name to the name you list, so enter it correctly when you file. Order certified copies of the decree for schools, Social Security, and passports while the new birth record is issued. A separate name change petition is needed only for name changes outside the adoption.	name-change-petition	After the final decree

Frequently Asked Questions

Other Ohio guides

Adverse Possession in Ohio: Twenty One Years and a Stringent Standard of Proof

Asset Protection Planning in Ohio (2026)

Dealing With Debt Collectors in Ohio (2026)

Expunging a Criminal Record in Ohio (2026)

Filing a Workplace Harassment Complaint in Ohio

Filing Chapter 7 Bankruptcy in Ohio (2026)

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