Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Nebraska may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Nebraska child adoption law including such topics as advertising, use of adoption facilitators and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Rev. Stat. § 43-701
Except as otherwise provided in the Nebraska Indian Child Welfare Act, no person, other than a parent, shall advertise a child for placement unless such person shall be duly licensed by the Department
of Health and Human Services under such rules and regulations as the department shall prescribe.
Use of Intermediaries/Facilitators
Citation: Rev. Stat. § 43-701
Except as otherwise provided in the Nebraska Indian Child Welfare Act, no person, other than a parent, shall place, assist in placing, or give the care and custody of any child to any person or association
for adoption or otherwise, unless such person shall be duly licensed by the Department of Health and Human Services under such rules and regulations as the department shall prescribe.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Rev. Stat. §§ 43-104; 43-105
Except as otherwise provided in the Nebraska Indian Child Welfare Act, no adoption shall be decreed unless written consents are executed by:
Any district court, county court, or separate juvenile court having jurisdiction of the custody of a minor child by virtue of proceedings that occurred in any court in Nebraska or by virtue of the Uniform
Child Custody Jurisdiction and Enforcement Act
Both parents of a child born in lawful wedlock, if living
The surviving parent of a child born in lawful wedlock
The mother of a child born out of wedlock
Both the mother and father of a child born out of wedlock as determined pursuant to §§ 43-104.08 to 43-104.24
If consent is not required of both parents for the reasons listed below, substitute consents shall be filed as follows:
Consent to the adoption of a minor child who has been committed to the Department of Health and Human Services may be given by the department or its duly authorized agent.
When a parent has relinquished a minor child for adoption to any child-placing agency licensed or approved by the department, consent to the adoption of such child may be given by such agency.
In all other cases, consent shall be given by the guardian or guardian ad litem of the minor child.
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Stat. § 43-104
A written consent must be executed by the minor child, if over age 14, or the adult child.
When Parental Consent is not Needed
Citation: Rev. Stat. §§ 43-104; 43-105
Consent shall not be required of any parent who:
Has relinquished the child for adoption by a written instrument
Has abandoned the child for at least 6 months immediately prior to the filing of the adoption petition
Has been deprived of his or her parental rights to such child by the order of any court of competent jurisdiction
Is incapable of consenting
When Consent Can Be Executed
Citation: Rev. Stat. § 43-104
A written consent or relinquishment for adoption shall not be valid unless signed at least 48 hours after the birth of the child.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 43-104.02
The putative father may file within 5 business days after the child's birth, within 5 business days after receipt of notice of adoption proceedings, or within 5 business days after the last date of
any published notice, whichever is later.
The putative father must complete a Department of Health and Human Services F
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