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Section 3107.38 – Right of adopted persons or lineal descendants

May 14, 2021 | Family Law, Ohio

(A) As used in sections 3107.38 to 3107.394 of the Revised Code:

(1)“Adopted person” means a person who was adopted but is not an adopted person as defined in section 3107.45 of the Revised Code.
(2) “Adoption file” means a file maintained by the department of health under sections 3705.12 to 3705.124 of the Revised Code.
(3) “Biological parent” means a parent, by birth, of a person who is, or is to become, an adopted person.
(4) “Biological parent’s name redaction request form” means the form prescribed under section 3107.391 of the Revised Code.
(5) “Biological sibling” means a sibling, by birth, of a person who is, or is to become, an adopted person.
(6) “Contact preference form” means the form prescribed under section 3107.39 of the Revised Code.
(7) “File of releases” means the filing system for releases that former section 3107.40 of the Revised Code, as repealed by Sub. S.B. 23 of the 130th general assembly, required the department of health to maintain.
(8) “Items of identification” include a motor vehicle driver’s or commercial driver’s license, an identification card issued under sections 4507.50 to 4507.52 of the Revised Code, a marriage application, a social security card, a credit card, a military identification card, or an employee identification card.
(9) “Lineal descendant of an adopted person” means a person who by reason of blood or adoption is a lineal descendant of an adopted person.
(10) “Offspring” means a child, by birth, of a person.
(11) “Release” means both of the following:

(a) A release filed by a biological parent or biological sibling pursuant to former section 3107.40 of the Revised Code, as repealed by Sub. S.B. 23 of the 130th general assembly, that authorized the release of identifying information to the biological parent’s offspring or the release of specified information to the biological sibling’s adopted sibling pursuant to former section 3107.41 of the Revised Code, as repealed by Sub. S.B. 23 of the 130th general assembly;
(b) A withdrawal of release filed by a biological parent or biological sibling pursuant to former section 3107.40 of the Revised Code, as repealed by Sub. S.B. 23 of the 130th general assembly.
(B) Subject to division (C) of this section, an adopted person or lineal descendant of an adopted person may

submit a written request to the department of health for the department to provide the adopted person or lineal descendant of an adopted person with a copy of the contents of the adopted person’s adoption file. The request shall provide the requester’s addressand notarized signature and be accompanied by two items of identification of the requester. If the requester is a lineal descendant of an adopted person, the request shall also provide notarized documentation evidencing the requester’s relationship to the adopted person. On receipt of a requestand payment of the fee required by section 3705.241 of the Revised Code , the department shall mail to the requester, at the address provided in the request, a copy of the contents of the adopted person’s adoption file if the department has an adoption file, including all releases transferred to the adoption file pursuant to section 3107.381 of the Revised Code, for the adopted person. If the adoption file includes a biological parent’s name redaction request form from a biological parent, the department shall redact the biological parent’s name from the copy of the contents of the adoption file that is mailed to the requester. If the department removes the biological parent’s name redaction request form from the adoption file pursuant to division (D) of section 3107.391 of the Revised Code after the department mails the copy of the contents of the adoption file to the requester, the department shall mail to the requester another copy of the contents with the biological parent’s name included.

(C) An adopted person or lineal descendant of an adopted person may not submit a request under this section until the adopted person or lineal descendant is at least eighteen years of age.

R.C. § 3107.38

Amended by 130th General Assembly File No. 56, SB 23,§1, eff. 3/20/2015.
Effective Date: 09-18-1996 .