Consent to Adoption - Nebraska

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Who Must Consent to an Adoption

Citation: Rev. Stat. §§ 43-104; 43-105

Except as otherwise provided in the Nebraska Indian Child Welfare Act, no adoption shall be decreed unless written consents are executed by the following:

  • Any district court, county court, or separate juvenile court having jurisdiction of the custody of a minor child by virtue of proceedings that occurred in any court in Nebraska or by virtue of the Uniform Child Custody Jurisdiction and Enforcement Act
  • Both parents of a child born in lawful wedlock, if living
  • The surviving parent of a child born in lawful wedlock
  • The mother of a child born out of wedlock
  • Both the mother and father of a child born out of wedlock as determined pursuant to §§ 43-104.08 to 43-104.24

If consent is not required of both parents for the reasons listed below, substitute consents shall be filed as follows:

  • Consent to the adoption of a minor child who has been committed to the Nebraska Department of Health and Human Services may be given by the department or its duly authorized agent.
  • When a parent has relinquished a minor child for adoption to any child-placing agency licensed or approved by the department, consent to the adoption of such child may be given by such agency.
  • In all other cases, consent shall be given by the guardian or guardian ad litem of the minor child.

Consent of Child Being Adopted

Citation: Rev. Stat. § 43-104

A written consent must be executed by the minor child who is over age 14 or by the adult child.

When Parental Consent is not Needed

Citation: Rev. Stat. §§ 43-104; 43-105

Consent shall not be required of any parent to whom any of the following applies:

  • Has relinquished the child for adoption by a written instrument
  • Has abandoned the child for at least 6 months immediately prior to the filing of the adoption petition
  • Has been deprived of his or her parental rights to the child by the order of any court of competent jurisdiction
  • Is incapable of consenting

When Consent Can Be Executed

Citation: Rev. Stat. § 43-104

A written consent or relinquishment for adoption shall not be valid unless signed at least 48 hours after the birth of the child.

How Consent Must Be Executed

Citation: Rev. Stat. § 43-106

Consents must be acknowledged before an officer authorized to acknowledge deeds and signed in the presence of at least one witness as well as the officer.

Revocation of Consent

This issue is not addressed in the statutes reviewed.