Access to Adoption Records

Who May Access Information
Citation: Rev. Stat. §§ 43-128; 43-130; 43-146.02; 43-146-04

Medical history shall be provided to:

• The adoptive parents
• The adoptee

Identifying information is available to:

• An adoptee who is age 25 or older for adoptions finalized prior to 9-1-1998
• An adoptee who is age 21 or older for adoptions finalized on or after 9-1-1998

Access to Nonidentifying Information
Citation: Rev. Stat. §§ 43-128; 43-146.02

A child-placing agency, the Department of Health and Human Services, or a private agency handling the adoption, as the case may be, shall maintain and shall provide to the adopting parents upon placement of the child and to the adoptee, upon his or her request, the available medical history of the adoptee and of the birth parents. The medical history shall not include the names of the birth parents, the child's place of birth, or any other identifying information.

Mutual Access to Identifying Information
Citation: Rev. Stat. §§ 43-131; 43-146.05

For adoptions finalized prior to 9-1-1998: Upon a request for information, the department shall check the records of the adoptee to determine whether a consent form has been signed and filed by any relative and whether an unrevoked nonconsent form is on file from a birth parent or an adoptive parent.

If the consent form has been signed and filed and has not been revoked, and if no nonconsent form has been filed by an adoptive parent, the department shall release the information to the adoptee.

If no consent forms have been filed, or if the consent form has been revoked, and if no nonconsent form has been filed, the following information shall be released to the adoptee:

• The name and address of the court that issued the adoption decree
• The name and address of any child-placing agency involved in the adoption
• The fact that an agency may assist the adopte in searching for relatives

For adoptions finalized on or after 9-1-1998: Upon a request for information, the department shall check the records of the adoptee to determine whether an unrevoked nonconsent form is on file from a birth parent. If no nonconsent form has been filed, the following information shall be released to the adoptee:

• The name and address of the court that issued the adoption decree
• The name and address of any child-placing agency involved in the adoption
• The fact that an agency or the department may assist the adoptee in searching for relatives
• A copy of the adoptee's original birth certificate
• A copy of the adoptee's medical history and any medical records on file

If an unrevoked nonconsent form has been filed, no information may be released to the adoptee except a copy of his or her medical history, if requested. The medical history shall not include the names of the birth parents or relatives of the adoptee any other identifying information.

Access to Original Birth Certificate
Citation: Rev. Stat. §§ 43-130; 43-136; 43-143; 43-146.04

For adoptions finalized prior to 9-1-1998, an adoptee who is age 25 or older may file a written request for the original birth certificate. For adoptions finalized on or after 9-1-1998, an adoptee who is age 21 or older may request the original birth certificate. If a consent form has been signed and filed by both birth parents, or by the birth mother of a child born out of wedlock, and no nonconsent form has been filed, a copy of the adoptee's original birth certificate shall be provided to the adoptee.

For adoptions finalized prior to 7-20-2002, an adoptive parent or parents may at any time file a notice of nonconsent stating that at no time prior to his or her death, or the death of both parents if each signed the form, may any information on the adoptee's original birth certificate be released to such adoptee.

Where the Information Can Be Located

Nebraska Department of Health and Human Services, Division of Children and Family Services -- Adoption Searches

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