reglab/housing_qa huggingface dataset:
NE Code § 43-103 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-103 - Petition; hearing; notice.

43-103.  Petition; hearing; notice.Except as otherwise provided in the Nebraska Indian Child Welfare Act, upon the filing of a petition for adoption the court shall fix a time for hearing the same. The hearing shall be held not less than four weeks nor more than eight weeks after the filing of such petition unless any party for good cause shown requests a continuance of the hearing or all parties agree to a continuance. The court may require notice of the hearing to be given to the child, if over fourteen years of age, to the natural parent or parents of the child, and to such other interested persons as the judge may, in the exercise of discretion, deem advisable, in the manner provided for service of a summons in a civil action. If the judge directs notice by publication, such notice shall be published three successive weeks in a legal newspaper of general circulation in such county.Source   Laws 1943, c. 104, § 3, p. 349;   R.S.1943, § 43-103;   Laws 1983, LB 447, § 50;   Laws 1985, LB 255, § 19;  Laws 2009, LB35, § 27. Cross References   Juveniles in need of assistance under Nebraska Juvenile Code, notice requirements, see section 43-297.  Nebraska Indian Child Welfare Act, see section 43-1501. Annotations This section and sections 43-102 and 43-104, construed together, require that before a county court entertains a decision on the merits in an adoption proceeding, all those statutorily required to consent have done so. In re Adoption of Chase T., 295 Neb. 390, 888 N.W.2d 507 (2016).
NE Code § 43-104.03 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.03 - Child born out of wedlock; filing with biological father registry; department; notice; to whom given.

43-104.03.  Child born out of wedlock; filing with biological father registry; department; notice; to whom given.Within three days after the filing of a Request for Notification of Intended Adoption or a Notice of Objection to Adoption and Intent to Obtain Custody with the biological father registry pursuant to sections 43-104.01 and 43-104.02, the Department of Health and Human Services shall cause a certified copy of such request or notice to be mailed by certified mail to (1) the mother or prospective mother of such child at the last-known address shown on the request or notice or an agent specifically designated in writing by the mother or prospective mother to receive such request or notice and (2) any Nebraska court identified by the putative father under section 43-104.01 as having jurisdiction over the custody of the child.Source   Laws 1975, LB 224, § 4;   Laws 1994, LB 1224, § 49;   Laws 1995, LB 712, § 23;   Laws 1996, LB 1044, § 107;  Laws 1999, LB 594, § 12;  Laws 2007, LB247, § 8;  Laws 2007, LB296, § 65.
NE Code § 43-104.04 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.04 - Child born out of wedlock; failure to file notice; effect.

43-104.04.  Child born out of wedlock; failure to file notice; effect.If a Notice of Objection to Adoption and Intent to Obtain Custody is not timely filed with the biological father registry pursuant to section 43-104.02, the mother of a child born out of wedlock or an agent specifically designated in writing by the mother may request, and the Department of Health and Human Services shall supply, a certificate that no such notice has been filed with the biological father registry. The filing of such certificate pursuant to section 43-102 shall eliminate the need or necessity of a consent or relinquishment for adoption by the putative father of such child.Source   Laws 1975, LB 224, § 5;   Laws 1995, LB 712, § 24;   Laws 1996, LB 1044, § 108;  Laws 1999, LB 594, § 13;  Laws 2007, LB247, § 9;  Laws 2007, LB296, § 66. Annotations  For an adoption to proceed, the consent of the biological father who has established a familial relationship with his child is required unless, under section 43-104(2), the party seeking adoption has established that the biological parent: (1) has relinquished the child for adoption by a written instrument, (2) has abandoned the child for at least six months next preceding the filing of the adoption petition, (3) has been deprived of his or her parental rights to such child by the order of any court of competent jurisdiction, or (4) is incapable of consenting. In re Adoption of Corbin J., 278 Neb. 1057, 775 N.W.2d 404 (2009). Five-day filing requirement for paternity held constitutional as applied, because such requirement did not violate right of equal protection or procedural due process. Friehe v. Schaad, 249 Neb. 825, 545 N.W.2d 740 (1996).
NE Code § 43-104.07 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.07 - Child born in a foreign country; requirements.

43-104.07.  Child born in a foreign country; requirements.The petition for adoption of a child born in a foreign country shall be accompanied by: (1) A document or documents from a court, official department, or government agency of the country of origin stating that the parent has consented to the adoption, stating that the parental rights of the parents of the child have been terminated, or stating that the child to be adopted has been abandoned or relinquished by the natural parents and that the child is to immigrate to the United States for the purpose of adoption; and (2) written consent to the adoption of the child from a child placement agency licensed by the Department of Health and Human Services or the agency's duly authorized representative which placed the child with the adopting person or persons. The consent shall be signed and acknowledged before an officer authorized to acknowledge deeds in the state where the consent is signed and shall not require a witness.Any document in a foreign language shall be translated into English by the Department of State or by a translator who shall certify the accuracy of the translation.A guardian shall not be required to be appointed to give consent to the adoption of any child born in a foreign country when the consent requirements of this section have been met.Source   Laws 1983, LB 146, § 2;   Laws 1996, LB 1044, § 109;   Laws 1997, LB 307, § 19.
NE Code § 43-104.08 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.08 - Child born out of wedlock; identify and inform biological father.

43-104.08.  Child born out of wedlock; identify and inform biological father.Whenever a child is claimed to be born out of wedlock and the biological mother contacts an adoption agency or attorney to relinquish her rights to the child, or the biological mother joins in a petition for adoption to be filed by her husband, the agency or attorney contacted shall attempt to establish the identity of the biological father and further attempt to inform the biological father of his right to execute a relinquishment and consent to adoption, or a denial of paternity and waiver of rights, in the form mandated by section 43-106, pursuant to sections 43-104.08 to 43-104.25.Source   Laws 1995, LB 712, § 1;  Laws 2007, LB247, § 11.
NE Code § 43-104.10 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.10 - Child born out of wedlock; agency or attorney; duty to inform biological mother.

43-104.10.  Child born out of wedlock; agency or attorney; duty to inform biological mother.The agency or attorney representing the biological mother shall inform the mother of the legal and medical need to determine, whenever possible, the paternity of the child prior to an adoption and that her failure or refusal to accurately identify the biological father or possible biological fathers could threaten the legal validity of any adoptive placement of the child.Source  Laws 1995, LB 712, § 3.
NE Code § 43-104.11 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.11 - Child born out of wedlock; father's relinquishment and consent; when effective.

43-104.11.  Child born out of wedlock; father's relinquishment and consent; when effective.If the biological mother's affidavit, required by section 43-104.09, identifies only one possible biological father of the child and states that there are no other possible biological fathers of the child, and if the named father executes a valid relinquishment and consent to adoption of the child in the form mandated by section 43-106 or executes a denial of paternity and waiver of rights in the form mandated by section 43-106, the court may enter a decree of adoption pursuant to section 43-109 without regard to sections 43-104.12 to 43-104.16. A named biological father's relinquishment and consent or a named biological father's waiver of rights is irrevocable upon signing and is not voidable for any period after signing. Such relinquishment and consent or such waiver of rights may only be challenged on the basis of fraud or duress for up to six months after signing.Source   Laws 1995, LB 712, § 4;  Laws 1999, LB 594, § 15.  Annotations Other than the exceptions to the notification requirements, unless the biological father has executed "a valid relinquishment and consent . . . or . . . a denial of paternity and waiver of rights," the court may not enter a decree of adoption without determining that proper notification of parental rights has been provided. In re Adoption of Jaden M., 272 Neb. 789, 725 N.W.2d 410 (2006).
NE Code § 43-104.12 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.12 - Child born out of wedlock; agency or attorney; duty to inform biological father.

43-104.12.  Child born out of wedlock; agency or attorney; duty to inform biological father.In order to attempt to inform the biological father or possible biological fathers of the right to execute a relinquishment and consent to adoption or a denial of paternity and waiver of rights, the agency or attorney representing the biological mother shall notify, by registered or certified mail, restricted delivery, return receipt requested:(1) Any person adjudicated by a court in this state or by a court in another state or territory of the United States to be the biological father of the child;(2) Any person who has filed a Request for Notification of Intended Adoption or a Notice of Objection to Adoption and Intent to Obtain Custody pursuant to sections 43-104.01 and 43-104.02;(3) Any person who is recorded on the child's birth certificate as the child's father;(4) Any person who might be the biological father of the child who was openly living with the child's biological mother within the twelve months prior to the birth of the child;(5) Any person who has been identified as the biological father or possible biological father of the child by the child's biological mother pursuant to section 43-104.09;(6) Any person who was married to the child's biological mother within six months prior to the birth of the child and prior to the execution of the relinquishment; and(7) Any other person who the agency or attorney representing the biological mother may have reason to believe may be the biological father of the child.Source   Laws 1995, LB 712, § 5;  Laws 1999, LB 594, § 16;  Laws 2007, LB247, § 13.
NE Code § 43-104.13 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.13 - Child born out of wedlock; notice to biological father; contents.

43-104.13.  Child born out of wedlock; notice to biological father; contents.The notice sent by the agency or attorney pursuant to section 43-104.12 shall be served sufficiently in advance of the birth of the child, whenever possible, to allow compliance with subdivision (1) of section 43-104.02 and shall state:(1) The biological mother's name, the fact that she is pregnant or has given birth to the child, and the expected or actual date of delivery;(2) That the child has been relinquished by the biological mother, that she intends to execute a relinquishment, or that the biological mother has joined or plans to join in a petition for adoption to be filed by her husband;(3) That the person being notified has been identified as a possible biological father of the child;(4) That the possible biological father may have certain rights with respect to such child if he is in fact the biological father;(5) That the possible biological father has the right to (a) deny paternity, (b) waive any parental rights he may have, (c) relinquish and consent to adoption of the child, (d) file a Notice of Objection to Adoption and Intent to Obtain Custody pursuant to section 43-104.02, or (e) object to the adoption in a proceeding before any Nebraska court which has, prior to his receipt of this notice, adjudicated him to be the biological father of the child;(6) That to deny paternity, to waive his parental rights, or to relinquish and consent to the adoption, the biological father must contact the undersigned agency or attorney representing the biological mother, and that if he wishes to object to the adoption and seek custody of the child he should seek legal counsel from his own attorney immediately; and(7) That if he is the biological father and if the child is not relinquished for adoption, he has a duty to contribute to the support and education of the child and to the pregnancy-related expenses of the mother and a right to seek a court order for custody, parenting time, visitation, or other access with the child.The agency or attorney representing the biological mother may enclose with the notice a document which is an admission or denial of paternity and a waiver of rights by the biological father, which the biological father may choose to complete, in the form mandated by section 43-106, and return to the agency or attorney.Source   Laws 1995, LB 712, § 6;  Laws 2007, LB247, § 14;  Laws 2007, LB554, § 38. Annotations This section is facially constitutional. In re Adoption of Baby Girl H., 262 Neb. 775, 635 N.W.2d 256 (2001).
NE Code § 43-104.14 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.14 - Child born out of wedlock; agency or attorney; duty to notify biological father by publication; when.

43-104.14.  Child born out of wedlock; agency or attorney; duty to notify biological father by publication; when.(1) If the agency or attorney representing the biological mother is unable through reasonable efforts to locate and serve notice on the biological father or possible biological fathers as contemplated in sections 43-104.12 and 43-104.13, the agency or attorney shall notify the biological father or possible biological fathers by publication.(2) The publication shall be made once a week for three consecutive weeks in a legal newspaper of general circulation in the Nebraska county or county of another state which is most likely to provide actual notice to the biological father. The publication shall include:(a) The first name or initials of the father or possible father or the entry "John Doe, real name unknown", if applicable;(b) A description of the father or possible father if his first name is or initials are unknown;(c) The approximate date of conception of the child and the city and state in which conception occurred, if known;(d) The date of birth or expected birth of the child;(e) That he has been identified as the biological father or possible biological father of a child whom the biological mother currently intends to place for adoption and the approximate date that placement will occur;(f) That he has the right to (i) deny paternity, (ii) waive any parental rights he may have, (iii) relinquish and consent to adoption of the child, (iv) file a Notice of Objection to Adoption and Intent to Obtain Custody pursuant to section 43-104.02, or (v) object to the adoption in a proceeding before any Nebraska court which has adjudicated him to be the biological father of the child prior to his receipt of notice; and(g) That (i) in order to deny paternity, waive his parental rights, relinquish and consent to the adoption, or receive additional information to determine whether he is the father of the child in question, he must contact the undersigned agency or attorney representing the biological mother and (ii) if he wishes to object to the adoption and seek custody of the child, he must seek legal counsel from his own attorney immediately.Source   Laws 1995, LB 712, § 7;  Laws 2007, LB247, § 15.
NE Code § 43-104.15 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.15 - Child born out of wedlock; notification to biological father; exceptions.

43-104.15.  Child born out of wedlock; notification to biological father; exceptions.The notification procedure set forth in sections 43-104.12 to 43-104.14 shall, whenever possible, be completed prior to a child being placed in an adoptive home. If the information provided in the biological mother's affidavit prepared pursuant to section 43-104.09 presents clear evidence that providing notice to a biological father or possible biological father as contemplated in sections 43-104.12 to 43-104.14 would be likely to threaten the safety of the biological mother or the child or that conception was the result of sexual assault or incest, notice is not required to be given. If the biological father or possible biological fathers are not given actual or constructive notice prior to the time of placement, the agency or attorney shall give the adoptive parents a statement of legal risk indicating the legal status of the biological father's parental rights as of the time of placement, and the adoptive parents shall sign a statement of legal risk acknowledging their acceptance of the placement, notwithstanding the legal risk.Source  Laws 1995, LB 712, § 8. Annotations This section permits the State to approve out-of-state placement with prospective adoptive parents without the biological father's consent or notification if the prospective adoptive parents have signed an at-risk placement form. Ashby v. State, 279 Neb. 509, 779 N.W.2d 343 (2010).
NE Code § 43-104.16 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.16 - Child born out of wedlock; notice requirements; affidavit by agency or attorney.

43-104.16.  Child born out of wedlock; notice requirements; affidavit by agency or attorney.In all cases involving the adoption of a minor child born out of wedlock, the agency or attorney representing the biological mother shall execute an affidavit stating that due diligence was used to identify and give actual or constructive notice to the biological father or possible biological fathers of the child and stating the methods used to attempt to identify and give actual or constructive notice to those persons or the reason why no attempts were made to identify and notify those persons. The affidavit shall be attached to any petition filed in an adoption proceeding.Source  Laws 1995, LB 712, § 9.
NE Code § 43-104.17 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.17 - Child born out of wedlock; petition; evidence of compliance required; notice to biological father; when.

43-104.17.  Child born out of wedlock; petition; evidence of compliance required; notice to biological father; when.In all cases of adoption of a minor child born out of wedlock, the petition to finalize the adoption shall specifically allege compliance with sections 43-104.08 to 43-104.16, and shall attach as exhibits all documents which are evidence of such compliance. No notice of the filing of the petition to finalize or the hearing on the petition shall be given to a biological father or putative biological father who (1) executed a valid relinquishment and consent or a valid denial of paternity and waiver of rights pursuant to section 43-104.11, (2) was provided notice under sections 43-104.12 to 43-104.14 and failed to timely file a Notice of Objection to Adoption and Intent to Obtain Custody pursuant to section 43-104.02 or petition pursuant to section 43-104.05, or (3) is not required to consent to the adoption pursuant to proceedings conducted under section 43-104.22.Source   Laws 1995, LB 712, § 10;  Laws 2007, LB247, § 16.
NE Code § 43-104.18 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.18 - Child born out of wedlock; failure to establish compliance with notice requirements; court powers; guardian ad litem authorized.

43-104.18.  Child born out of wedlock; failure to establish compliance with notice requirements; court powers; guardian ad litem authorized.If a petition to finalize an adoption is filed and fails to establish substantial compliance with sections 43-104.08 to 43-104.16, the court shall receive evidence by affidavit of the facts and circumstances of the biological mother's relationship with the biological father or possible biological fathers at the time of conception of the child and at the time of the biological mother's relinquishment of the child, including any evidence that providing notice to a biological father would be likely to threaten the safety of the biological mother or the child or that the conception was the result of sexual assault or incest. If, under the facts and circumstances presented, the court finds that the agency or attorney representing the biological mother did not exercise due diligence in complying with sections 43-104.08 to 43-104.16, or if the court finds that there is no credible evidence that providing notice to a biological father would be likely to threaten the safety of the biological mother or the child or that the conception was the result of sexual assault or incest, the court shall order the attorney or agency to exercise due diligence in complying with sections 43-104.08 to 43-104.16. If the attorney or agency fails to exercise due diligence in complying with such sections or at any time upon the petition or application of any interested party the court may appoint a guardian ad litem to represent the interests of the biological father. The guardian ad litem shall be chosen from a qualified pool of local attorneys. The guardian ad litem shall receive reasonable compensation for the representation, the amount to be determined at the discretion of the court.Source  Laws 1995, LB 712, § 11. Annotations  The county is not obligated to pay the fee of a guardian ad litem appointed for a biological parent in a private adoption proceeding to which the county is not a party. In re Adoption of Kailynn D., 273 Neb. 849, 733 N.W.2d 856 (2007). The fact that the Legislature expressly obligated counties to pay guardian ad litem fees in some statutes, but not in this section, reflects a legislative intent that the county cannot be ordered to pay the fees of a guardian ad litem appointed for a biological father in a private adoption case. In re Adoption of Kailynn D., 273 Neb. 849, 733 N.W.2d 856 (2007).
NE Code § 43-104.19 (2021)
2021 Nebraska Revised Statutes|Chapter 43 - Infants and Juveniles|43-104.19 - Child born out of wedlock; guardian ad litem for biological father; duties.

43-104.19.  Child born out of wedlock; guardian ad litem for biological father; duties.The guardian ad litem for the biological father shall:(1) Identify the biological father whenever possible;(2) Notify the biological father or possible biological fathers of the proposed relinquishment of the child and inform the biological father or possible biological fathers of their parental rights and duties with regard to the child;(3) Notify the court if all reasonable attempts to both identify and notify the biological father or possible biological fathers are unsuccessful; and(4) Determine, by deposition, by affidavit, by interview, or through testimony at a hearing, the following: Whether the mother was married at the time of conception of the child or at any time thereafter, whether the mother was cohabitating with a man at the time of conception or birth of the child, whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy, whether conception was the result of sexual assault or incest, and whether any man has formally or informally acknowledged or declared his possible paternity of the child.Source  Laws 1995, LB 712, § 12.