Adoption after the Obergefell v. Hodges Decision
Married same-sex couples with children have additional steps to complete to ensure that both spouses are legal parents in the eyes of the State. If you were married prior to the Supreme Court decision, you might have to go through the stepparent adoption process in the Probate Court to create legal parental rights for both parents.
Prior to the SCOTUS decision, couples could petition for a shared custody agreement in the Juvenile Court which gave the title of “custodian” instead of “parent.” Now, couples who were legally married in any state for at least one year prior to the decision now have the ability to petition the Probate Court for full adoption by the other spouse.
Ohio law requires all couples seeking adoption to work with attorney, pay adoption costs, and pass a home study with a social worker before the adoption can be finalized. Once complete, both parents will have all legal rights and responsibilities to the child.
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