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Nebraska Adoption Laws

Nebraska Adoption Laws

State laws regulate the adoption process. They regulate the restrictions on and requirements for adults who wish to adopt. Typically, states allow any child who needs a home to be adopted by an eligible adult, while safeguards are in place to ensure a successful transition.

A majority of states require what is known as a "home residency" or "home study" before the adoption is finalized. "Home residency" and "home study" are terms referring to a period of time, often involving social workers, when the parent(s) and child ease into their new relationship.

Nebraska Adoption Laws at a Glance

Under Nebraska law, any child may be adopted. However, the child must consent to an adoption if they are over the age of 14. The state also requires a home residency of six months, but that requirement is waived for adult adoptions. Under certain circumstances, adults may be adopted, as well. In cases, for example, where an adult is mentally incapacitated, they may also be eligible for adoption.

The Adoption Homepage maintained by the Nebraska Department of Health & Human Services provides several helpful resources, including guides on the adoption process, legal requirements, and a listing of children available for adoption.

The following table lists additional details of adoption laws in Nebraska. See FindLaw's Adoption section for more articles and resources.

Code Section 43-101 to 43-160
State Requirements for a Valid Adoption
  • That a person or persons meet the requirements entitling them to adopt
  • That the child or adult meets the requirements for eligibility to be adopted
  • Compliance with statutory procedures for adoption
  • Evidence that the proposed adoption is in the child's best interests
Who May Be Adopted Any child or adult meeting the requirements for eligibility to be adopted
Age that Child's Consent Needed 14 years of age and older
Who May Adopt
  • Any adult person may adopt a minor
  • Any adult child may be adopted by the spouse of that child's parent
  • Married partners must jointly adopt a child, unless one of the two parents is already the parent of the child
Home Residency Required Prior to Finalization of Adoption? Six months, except in adoptions of adult children
State Agency/Court Department of Social Services & Any County Courts
Statute of Limitations to Challenge Two years

Note: State laws are not set in stone and may change at any time, usually through the enactment of new statutes but also through higher court decisions and by other means. You may want to contact a Nebraska adoption attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

To research Nebraska adoptions laws, consider reviewing the following resources:

Nebraska Adoption Laws: Related Resources

If you're still confused, also consider reviewing the following resources, as well:

Need an Attorney's Help? Contact One Today!

Any adoption process can be confusing. If you're in the midst of an adoption or considering adopting, it might be wise to contact a family law attorney near you. As much paperwork as can be involved in any adoption process and as complicated as adopting can be, it may be wise to seek the assistance of such a lawyer. They can guide you through the process of adding a member to your family.

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