NEBRASKA

 Any single adult can adopt. Any husband and wife must jointly adopt, unlessthe adoptive parent is a stepparent. In that case the spouse, who is thenatural parent, does not have to join in the adoption.

Who Can Be Adopted?

 Any minor may be adopted and an adult may be adopted by a stepparent.

Consent to Adoption

 The following must consent to the adoption:

 (1) both natural parents, or the mother of a child born out of wedlock;

 (2) the adoptee, if 14 years of age or older or the adult child of theadopting person's spouse; and

 (3) the court, if it has custody of the child.

 Consent is not required of a parent who

 (1) has relinquished the child for adoption;

 (2) has abandoned the child for at least 6 months;

 (3) has had parental rights terminated; or

 (4) is incapable of consenting.

 If the child is born out of wedlock, the rights of the father shall not berecognized unless within 5 days after the birth he files a notice to claimpaternity. If he requests custody of the child, then the court shall determineif he can properly care for the child and whether it would be in the child'sbest interest. If consent is not required of either parent, for any of theabove reasons, then substitute consent can be given by the Department, thechild-placing agency, or the guardian ad litem.

Confidentiality

 Adoption records may not be inspected except upon a court order. The medicalhistories of the biological parents shall be provided to the child-placingagency and become a part of the court record. This medical information can beprovided to the adoptive parents, upon placement of the adoptee with them, butwill not include any identifying information about the biological parents.

 The Bureau of Vital Statistics shall provide a form where a relative canindicate that he or she consents to release of his or her name to the adoptee.This consent can be revoked at any time. An adult adoptee 25 years of age orolder can have access to this information, provided the adoptive parent(s) hasnot submitted a nonconsent form. If the biological parent is deceased and nononconsent form has been filed by either the biological parent or the adoptiveparent, then the adoptee may have access to this information.

Permissible Fees

 There are no provisions in the law regarding permissible fees.

Place of Adoption Hearing

 The hearing may take place in the court of the county where the adoptiveparents live.

Authority To Place Child

 The Department of Social Services or other licensed child-placing agency areauthorized to place the child for adoption.

Relative Adoption

 In the case of stepparent adoptions the preadoption home investigation isdiscretionary.

Advertisements

 No person, other than a parent or person licensed by the Departmen of SocialServices, shall advertise a child for placement.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

Nebraska State Bar Association
P.O. Box 81809
Lincoln, NE 68501
(402) 475-7091

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