Nebraska Adoption Laws, Page 3

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Consent Laws

Who Must Consent to an Adoption

Statute: §§ 43-104; 43-105

• Any court having jurisdiction over the custody of the child
  
• Both parents or the surviving parent of a child born in wedlock
  
• The mother of a child born out of wedlock and the father, provided he has filed with the biological father registry
  
• The department or child-placing agency
  
• The guardian or guardian ad litem of the child

Age When Consent of Adoptee is Considered or Required

Statute: § 43-104

• A child 14 years of age or older must consent to the adoption.

When Parental Consent is not Needed

Statute: §§ 43-104; 43-105

• A parent:
  
  
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  • Has relinquished the child for adoption by written instrument
    
  • Has abandoned the child for at least 6 months
    
  • Has had his or her parental rights terminated
    
  • Is incapable of giving consent

When Consent Can Be Executed

Statute: § 43-104

• Consent is not valid unless signed at least 48 hours after the birth of the child.

How Consent Must Be Executed

Statute: § 43-106

• Consent must be executed before an authorized officer or, in private placements, before at least one witness.

Revocation of Consent

• Case law suggests that relinquishment is irrevocable unless there is a finding that revocation is in the child's best interest, or upon a finding of fraud, duress, or undue influence.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

Adoption Connection

Making Sure Babies are Happy. Find a loving family for your baby.

www.AdoptionConnection.org

Dove Adoptions Int'l

Dedicated to seeking the best wel- fare for the children of the world.

www.adoptions.net

Adoption Disruption Help

Transitions Group Home Out-of-home placement and counseling

www.transitionsgrouphome.com