Types of Adoptions

We Handle All Legal Matters Pertaining to Your  Adoption


 The Law Office of Susan Garner Eisenman provides legal representation and counsel for adoptions and assisted reproduction matters. Please see the types of adoptions and assisted reproductive technologies below for more information pertaining to your specific matter. 
Private Adoptions — Happy Same Sex Couple with Child in Columbus, OH

Types Of Adoptions


  • Private Adoptions

            A private adoption is one in which the custody of the child goes directly from the birthparent(s) to the adoptive parents. This is in contrast to an agency adoption in which the birthparent(s) place the child with a licensed adoption agency which then places the child with the prospective adoptive parents. 


         In private adoptions, there is still an agency or social work assessment involved. There is a home study to complete and birth parent education which  by law must be completed. The home study is a review of the adopter’s home and lifestyle. The Assessor will have a face-to-face interview with you. They will complete a form detailing your personal, job, and financial history. The Assessor will also walk through your home, checking for possible health and safety issues (unlocked guns, unvaccinated and unlicensed pets, exposed electrical wiring, etc.). A fire inspection and well water test are also required. A records check will be conducted to check for any prior criminal behavior or child abuse history. The home study required letters from five (non-relatives) references. 

     If there are concerns, they can frequently be resolved. 


           A home study can take eight weeks or more to complete. Home studies often feel invasive and frustrating but usually work out in the end. Be of good courage- you can prevail. 


          In private adoptions, the initial linkage with the birthparent(s) is usually the responsibility of the prospective adopters. Prospective adopter(s) sometimes use facilitators or the internet to connect with a birthparent. This can be a challenging process open to scam attempts. It is important NOT to send money to the birthparent(s) until speaking to your attorney and obtaining proof of pregnancy. 


          In Ohio, currently the amount of birthparent support allowable is Three Thousand Dollars ($3,000), although the legislature is currently considering a bill to raise the limit to Six Thousand Dollars ($6,000). 


           If the adoption is to be finalized in another state, the requested living expenses may be higher. 


          If the birthmother lives in another state, it may be necessary to obtain approval of her home state and Ohio in order to complete the adoption. See Interstate adoptions. 


          One reality of private adoption is that the birthparent is free to change their minds until placement which cannot be made until the child is 72 hours old. 


          For more information on private adoptions, please contact my office. 


  • Public Agency Adoptions

          There are children currently available for adoption through Children's Services agencies. These children's families of origin have been unable or unwilling to care for them in an appropriate manner and the courts have intervened and placed the children in the permanent custody of the agency. The agencies then seek permanent adoptive homes for them.


           Often times a prospective adoptive family may already have the child in their home as a foster child. However, the agency may be required to consider other available homes including kinship (relative) placements and placements where the child's biological siblings live.  The process is spelled out by state laws and statutes. There may also be ways for a prospective adoptive family to enhance their prospects for being selected as the permanent placement.


           Once a family is selected the agency will discuss the possibility of an adoption subsidy with the family. Again, there are a number of state and federal regulations which may be applicable. The child must have a documented special need.  The circumstances of the family are also a consideration. 


           It is important to have  as complete a social and medical history as possible. This allows the family to prepare for the child's care needs and to anticipate the child's future needs.


         In public agency adoptions, the child, not the prospective adoptive family, is the agency’s client. It behooves the family to seek information and legal advice. Ms. Eisenman has worked in the Juvenile Court/Child welfare system for almost fifty years. She represents birth families (parents, grandparents, other relatives), foster parents, and children. She considers this work to be very important to the future of children.


    Ms. Eisenman has worked  with  all of the central Ohio counties' child welfare departments Franklin County Children's Services, Licking County Children's Services, Madison County Children's Services, Delaware County Children's Services, Union County Children's Services. She also travels throughout the state.


  • Stepparent Adoptions

          If a child is born to a married couple, the child has two legal parents from the time of birth. However, in Franklin County, more than 50% of children are born to single mothers. Statewide 43% of children are born to non-martial families. Post-birth, the father may establish paternity through a court order or by an affidavit process. Also, post-birth the married couple may divorce, resulting in a single-parent home. 


          At a later time, the mother or father may marry a non-parent. Many of these families decided to bring a stepparent adoption. The stepparent adoption allows the child to use a common family surname and legally establish parenthood. This can be especially important if at some point the custodial parent is incapacitated or dies. At that point, if the child is not adopted, the non-custodial birthparent could claim custody and the child could be separated from the stepparent’s household. The adoption also will allow the child to claim inheritance and disability rights under the former stepparents’ account. 


          Stepparent adoptions also have emotional benefits for both the stepparent, legal parent, and the child. Often times, the stepparent is already the emotional parent. 


          If the non-custodial, natural parent has never been established or identified, and has failed to register as a Putative Father, the adoption may proceed without the non-custodial parent’s consent. If however, the non-custodial parent has registered or been established legally- the petitioning stepparent may be required to obtain the non-custodial parents’ consent. 


          There are exceptions to this requirement. You should speak with a legal professional to inquire about these exceptions. 


  • Relative and Grandparent Adoptions

         A recent trend in child welfare has been an increased percentage of children being raised by grandparents or relatives. Ten to Fifteen percent of children live with a grandparent caregiver. 


          There are many possible reasons for this to occur, including the health and work history of the children’s birthparents. 


          Eventually, the grandparent(s) may opt to adopt the child. Such an adoption may make the family eligible for additional governmental assistance. It also reduces the possibility that the birthparent(s) may try to reclaim the child. 


          As with all adoptions- a home study, as well as the consent or waiver of consent from the birthparent(s) are required. You must also provide Notice of the adoption to the birthparent. Notifying the birthparent(s) is an especially important and time-sensitive aspect of adoptions. See Service in Adoptions. 


          For additional information, please contact our office to schedule a consultation with Attorney Eisenman. 


  • Legal Custodian Adoptions

         When parents cannot or will not provide appropriate care for their children, the State steps in to ensure they receive proper care. The entity representing the State is often a “Childrens Services” agency. 


          Some of these children will be placed in foster care. If after 12-18 months, the parents are still unable and/or unwilling to provide appropriate care, Ohio law mandates that these children be placed in a permanent home. 


          One “permanent” arrangement is legal custody. In this case, the caretaker is given legal custody that is intended to continue until the child is an adult, but the birthparents rights are NOT terminated. The Birthparents retain a right to visitation and to make some long-term decisions for the child, such as the choice of religious teachings.


          If the birthparents are inconsistent in visitation or cannot act appropriately during the visits, legal custody may not be in the long-term best interest of the child. The custodians may want to adopt the child. 


          As legal custodians, they are able to bring an adoption action to terminate parental rights. If the birthparents do not consent, the custodian(s) must demonstrate that the parents have gone at least one year without communicating with the child or providing support (monetary or otherwise) for the child. 


       As in all adoptions, Notice of the adoption must be given to the birthparents. See FAQ's. 


     For additional information, please contact our office to schedule a consultation with Attorney Eisenman.


  • Contested Adoptions and Appeals

    In order to obtain an adoption, the Petitioners must demonstrate-

    • That the child was properly “placed” in the Petitioner’s home
    • That the required consents have been obtained or waived, 
    • That the adoption is in the child’s best interest,
    • That the proper procedures have been followed such as immigration, waiting periods, and financial issues.

    If a birthparent, relative, or agency having permanent custody opposes the adoption, they can challenge or “contest” the adoption by filing an objection alleging one of the above grounds has not been met. 


    Generally, the child remains in the adoptive home while the objection pends. However, upon completion of adjudication, the child may be returned to the birthparent, relative or agency that brought the challenge. 


     A challenge can be a nerve wrenching, costly, and emotionally draining experience. With over 50 years of experience, Attorney Eisenman understands the sensitive nature of these cases and strives to encourage dialogue between the parties in order to obtain the most favorable outcome for the child. Sometimes the issues can be resolved by mediation, paternity testing or an open adoption agreement. 


    Under a recent Ohio Supreme Court case,- In re Y.E.F.- indigent birthparents and putative fathers are entitled to pro-bono (free) or appointed counsel. This ruling has increased the number of objections to adoptions being filed. 


    If the challenge is brought after the probate court has rendered its decision, the contest may proceed in the court of appeals. In these appeals- the birthparents are again entitled to free counsel if indigent (unable to afford one themselves). 


    There are also a variety of motions which can be brought to an appeals court or the Ohio Supreme Court.


    If possible, contests and appeals should be avoided by carefully following the adoption laws. Utilizing an experienced attorney is a good preventative action. 


    Attorney Eisenman has had extensive experience with contested adoptions and adoption appeals. She has made an appearance in Fifteen Ohio Supreme Court Cases over the last Twenty years of practice. In addition, she represented numerous clients in the Court of Appeals, appearing in Eight of the Twelve Ohio Appellate Districts. 


  • Interstate Adoptions

          Family law is in the purview of the state. The Ninth amendment to the U.S. Constitution reserves states prerogative in this regard. 


         Child welfare laws vary from state to state. When a family in State A adopts a child from State B, it can take a considerable effort to reconcile the laws. 


         Also, if a special needs child is being placed with a family who is not prepared to parent the child or does not have access to appropriate resources- the adoption may disrupt, and the child could become a ward of State B. 


          For these reasons, when a child is being placed across state lines, permission must be obtained from both the state of origin and the state of placement. These permissions are handled by an ICPC administrator based upon a dossier of child and family related documents. 


          Pending approval, the family is NOT permitted to bring the child into the placement state and may have to obtain temporary housing in the state of origin. Generally, the delay is only several weeks. 

     

         The American Academy of Adoption Attorneys is a national organization which links over 400 adoption processionals in all fifty states. Attorney Eisenman is a charter member of the American Academy of Adoption Attorneys. The American Academy of Adoption Attorneys connections are valuable in obtaining attorney assistance in other states. 


  • International Adoptions

          Some prospective adoptive families choose to adopt children from other countries.


          Such adoptions can be complicated. An international treaty referred to as “The Hague” governs international adoptions. Visas must be obtained in order for the child to come to the United States. 


          The visa process can be complicated and lengthy. Failure to comply with U.S. adoption laws can impact the child’s ability to obtain U.S. citizenship. 


          When considering an internation adoption, seek assistance from your adoption processional. For more information regarding the Hague Convention please visit Understanding the Hague Convention (state.gov). 


  • Adult Adoptions

    Ohio has an adult adoption law. It allows some adults to be adopted even though they are now adults. In order to do an adult adoption - the prospective adoptee must consent. Generally, the consent of the birthparents is not necessary. No homestudy/assessment of the adopters' home is necessary.


    An adult adoption can be completed expeditiously because there are no notice/service requirements.


    In order to qualify-

    • The adult must have emancipated while in Children's services custody and birthparent rights had been terminated, or,
    • The adult is permanently and permanently disabled  or mentally retarded or,
    • There was a quasi parent-child relationship during the child's minority or,
    • The adopter is married to the adoptee's parent.

    Some courts will require documentation to establish that the facts support an adult adoption petition.


    An adult adoption does affect inheritance rights. In order to assess whether an adult adoption is appropriate in your situation please consult an adoption Attorney.


Assisted Reproduction Technologies


  • Gamete Donation & Surrogacy

         A trend in recent years has been the use of donor gametes (sperm and OVA) to assist a fertility challenged family or individual to create a family. Likewise, families sometimes seek a surrogate to carry (bear) a child for them. 


     These situations are often compared to adoption in that ultimately the family raises a child that is not genetically theirs and/or was not born to them. 


     Medical professionals are typically involved and are the starting point for families seeking to utilize assisted reproductive technologies. However, there is a legal component to the process to ensure that the families and donor/carriers rights are protected. 


     Families considering the use of ART’s need to have an attorney on their ART’s terms. Attorney Eisenman has been in the forefront of Ohio ART’s law for over 40 years. She lobbied for the first ART’s legislation which recognized families formed through sperm donation. She is a fellow in the Academy of Adoption and Assisted Reproductive Technology Attorneys. Her nuclear family has three ART’s created children. 


Additional Services 


  • Post-adoption assistance consultations
  • Assisting in obtaining original or amended birth records
  • Consulting birthparents on parental rights in adoptions
  • Putative Father Rights Consultation
  • Assuring ICPC Compliance
  • Wrongful adoptions/undoing adoptions
  • Appeals

We Work with Coaches and Organizations to Help You Financially


As a service to her clients, Attorney Eisenman works with foundations and coaches to help you financially. Adoption costs involve professional services from agencies and social workers, background clearances, travel, birth mother costs and other expenses. Attorney Eisenman does not want the costs associated with adoption to create a barrier for families.

Kelly Ellison, Adoption Finance Coach


Attorney Eisenman is pleased to announce that she is working with Kelly Ellison, adoption finance coach and creator of Your Adoption Finance Coach. To learn more, visit her website: Your Adoption Finance Coach

My Adoption Advisor


Another option to help you gather financial resources is My Adoption Advisor. For more information, click here.
For more information, or to schedule a consultation with Attorney Eisenman, call us at 614-326-1200.
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