Ohio § 3107.07

§ 3107.07.

Consent to adoption is not required of any of the following: (A) A parent of a minor, when it is alleged in the adoption petition and the court, after

proper service of notice and hearing, finds by clear and convincing evidence that

the parent has failed without justifiable cause to have more than de minimis contact

with the minor or to provide meaningful and regular maintenance and support of the

minor as required by law or judicial decree for a period of one year immediately preceding

the filing of the adoption petition. (B) The putative father of a minor if either of the following applies: (1) The putative father fails to register as the minor's putative father with the Ohio

putative father registry established under section 3107.062 of the Revised Code in accordance with rule 5101:2-48-02 of the Ohio Administrative Code , not later than fifteen days after the minor's birth; (2) The court finds, after proper service of notice and hearing, that any of the following

are the case: (a) The putative father is not the father of the minor; (b) The putative father has failed without justifiable cause to have more than de minimis

contact with the minor or to provide meaningful and regular maintenance and support

for the minor; (c) The putative father has willfully failed to meaningfully and regularly care for and

support the mother of the minor during her pregnancy and up to the time of her surrender

of the minor, or the minor's placement in the home of the petitioner or petitioners,

whichever occurs first. (C) A parent who has entered into a properly executed voluntary permanent custody surrender

agreement under division (B) of section 5103.15 of the Revised Code ; (D) A parent whose parental rights have been terminated by order of a juvenile court

under Chapter 2151. of the Revised Code or by any other court of competent jurisdiction; (E) The father, putative father, or mother, of a minor if the minor is conceived as the

result of the commission of rape or sexual battery by the father, putative father,

or mother and the father, putative father, or mother is convicted of or pleads guilty

to the commission of that offense.  As used in this division, “ rape ” means a violation of section 2907.02 of the Revised Code or a similar law of another state and “sexual battery” means a violation of section 2907.03 of the Revised Code if the sexual activity involved is sexual conduct, or a similar law of another state. (F) A legal guardian or guardian ad litem of a parent judicially declared incompetent

in a separate court proceeding who has failed to respond in writing to a request for

consent, for a period of thirty days, or who, after examination of the reasons for

withholding consent, is found by the court to be withholding consent unreasonably; (G) Any agency having permanent custody of the person to be adopted who, after examination

of the reasons for withholding consent, is found by the court to be withholding consent

unreasonably; (H) Any parent, legal guardian, or other lawful custodian in a foreign country, if the

person to be adopted has been released for adoption pursuant to the laws of the country

in which the person resides and the release of such person is in a form that satisfies

the requirements of the citizenship and immigration services of the United States

department of homeland security for purposes of immigration to the United States pursuant

to section 101(b)(1)(F) of the “Immigration and Nationality Act,” 75 Stat. 650 (1961), 8 U.S.C. 1101(b)(1)(F) , as amended or reenacted. (I) Except as provided in divisions (F) and (G) of this section, a juvenile court, agency,

or person given notice of the petition pursuant to division (A)(1) of section 3107.11 of the Revised Code that fails to comply with the requirements described in division (B) of that section; (J) A parent who has been convicted of or pleaded guilty to a criminal offense that resulted

in any of the following: (1) The death of the minor's other parent, legal custodian, guardian, or primary care

provider; (2) A term of incarceration of that parent that is expected to extend beyond the minor's

age of majority. (K) Any guardian, custodian, or other party who has temporary custody of the child.