Nebraska Adoption Laws, Page 3
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:
- 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
- Has relinquished the child for adoption by written instrument
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
Statute:- 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.
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