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Nebraska

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Nebraska

Who Must Consent:
  • 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 placing agency.
  • The guardian or guardian ad litem.
Consent of Adoptee:
A child 14 years or older must consent to the adoption.

When Parental Consent is Not Needed:
If a parent:
  • Has relinquished the child.
  • Has abandoned the child for at least 6 months.
  • Whose parental rights have been terminated.
  • Is incapable of giving consent.
When Relinquishment Can Be Signed:
Not addressed in statutes reviewed. By implication, any time after the birth of the child.

How Relinquishment Must Be Signed:
Must be executed before an authorized officer or, in private placements, before at least 1 witness.

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

• Glossary of Terms
• Legal Considerations in Adoption
• Parental Rights
• Putative Father Registries: What They Are and How To Use Them
• Resources for Expectant/Placing Parents

Relinquishment Summaries by State: Index

Source: National Adoption Information Clearinghouse. Reprinted with permission.

 

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