Nebraska adoption laws help protect the parental rights of the adoptive parents and the birth parents. More importantly, they protect the adopted child's rights before and after adoption. In Nebraska, all adoptions must go through an adoption agency. Private adoptions involve children who were not wards of the court, but parents must still consult an adoption service.

The Nebraska adoption process regulates who may adopt and what they must do to prepare for the adoption. Adoptive families can contact the Department of Health and Human Services.

Nebraska Adoption Laws

Under Nebraska law, any adult over 19 may adopt a minor child. Single adults and unmarried couples can adopt, and married couples can adopt if both spouses sign the petition.

Adults can get adopted if the adoptee gives written consent. Adult adoptions waive some adoption requirements.

Prospective adoptive parents must meet Nebraska's state requirements for adoption:

• Register for foster-adoptive training. All families who want to adopt or become foster parents must receive this training.
• Complete a home study by a licensed social worker
• Show proof of financial stability
• Pass a criminal background check. The check includes a search of child abuse and sexual offender registries

Adoptive parents must show that the proposed adoption is in the child's best interests. They provide this evidence during the adoption home study and hearing.

Types of Adoption Allowed in Nebraska

Nebraska recognizes all types of adoption. The only type not seen in Nebraska is a private adoption between the biological parent and the adoptive parents without the involvement of an adoption agency. Unlicensed facilitators may not legally participate in the adoption or placement of children.

• Private adoptions involve children whose parents have not released custody to a licensed adoption agency or the state. An agency handles the home study and documentation.
• Agency adoptions and state adoptions take place after the birth parents have released custody of the child. A birth mother can sign the final relinquishment documents 48 hours after the child's birth. The birth father has five days to file a notice of objection to adoption if he disagrees.
• Relative adoptions place a child with a family member. Birth parents can choose their family members to adopt their child. An adoption agency must still do a home study for a relative adoption.
• Stepparent adoptions require the consent of both parents and, if necessary, the child. The other parent must surrender their parental rights.

Native American adoptions are subject to the Indian Child Welfare Act (ICWA). This federal law gives native tribes jurisdiction over the placement and adoption of all native children belonging to their tribe.

The Adoption Process

A birth mother may begin the adoption process before the child is born. The mother signs the final papers 48 hours after the child's birth. If the biological father is absent, he must place his name in the putative father registry within 10 days after the date of birth. If the father doesn't do this, his consent isn't needed in the adoption proceedings.

Nebraska law allows parents relinquishing their parental rights the right to an attorney of their choice and the right to get counseling before surrendering their child for adoption. The Nebraska Department of Health handles these requests.

Once the prospective adoptive family has completed the home study, the child goes home for a period of time before the adoption finalization hearing. This is usually six months, except for the adoption of adult children.

Research the Law

To research Nebraska adoption laws, check out the following resources:

• Nebraska Law
• Visit Official State Codes to review relevant laws from all 50 states and the District of Columbia.
• See FindLaw's Adoption section for more articles and resources.

Nebraska Adoption Laws: Related Resources

If you're still confused, also review the following resources:

• Nebraska Family Laws
• How To Adopt
• Home Study FAQ
• International Adoption Basics

Get Legal Advice from a Nebraska Adoption Attorney

If you're considering adopting a child or surrendering your child for adoption, you need the advice of a Nebraska adoption attorney. An attorney can help you with adoption laws in the state of Nebraska and make the right decisions for you and your child.