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The 5 Nebraska Adoption Laws You Need to Know
Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Nebraska adoption laws you need to know about when considering this for your family.
Top 5 Nebraska Adoption Laws
Birth Father's Legal Rights
Does my baby's father have to agree to the adoption in Nebraska?
Consent is required of both parents of a child born in wedlock or if a father has established paternity, unless:
- The parent’s rights have been terminated
- The parent is incompetent
- The parent has abandoned the child; or
- The parent has relinquished the right to consent.
Neb. Rev. Stat. §§ 43-104, 105 (2020)
Nebraska has a biological father registry. A putative father may file a request for notice of adoption with the registry, but the court will determine whether consent of a putative father is necessary.
Neb. Dep’t of Health and Human Servs., Biological Father Registry
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Expectant/Birth Mother Living Expenses
Can I get help with my living expenses during my pregnancy in a Nebraska adoption?
This issue is not addressed in Nebraska law.
Separate Legal Representation
Will I be offered my own Nebraska adoption lawyer?
In private adoptions, a parent or parents who relinquish a child for adoption shall be provided legal counsel of their choice independent from that of the adoptive parent or parents at the expense of the adoptive parent or parents.
Open Adoption
How does Open Adoption work in Nebraska?
The Department of Health and Human Services may determine whether a two year renewable contract for an exchange of information between the adoptive parents and biological parents is in the best interest of the child.
In a private adoption, the parties may agree to a postadoption contact agreement, but disagreement, modification, or termination of the agreement will not change the validity of the adoption. Before approving the agreement, the court shall appoint counsel to protect the interest of the child. Enforceability of an exchange of information contract is not dependent on court approval, but a postadoption contact agreement must be approved by the court. The court may only modify the agreement if it is in the best interest of the child and either, both parents agree, or exceptional circumstances that justify the modification.
Click here for a map showing which states enforce open adoption agreements.
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How does Consent to Adoption work in Nebraska?
How does the legal process for adoption work in Nebraska?
Consent may be given forty-eight hours after the birth of the child and must be acknowledged in front of an authorized officer and two witnesses.
Neb. Rev. Stat. §§ 43-104,106 (2020)
How long will I have to change my mind about adoption in Nebraska?
It is unclear how long the birth mother has to change her mind. Be sure to ask your attorney how long the revocation period is.
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