reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1206 - Address or substitute address; use; when.

42-1206.
Address or substitute address; use; when.
(1) A program participant may request that state and local agencies use the address designated by the Secretary of State as the program participant's substitute address. When creating a new public record, a state or local agency which has a bona fide statutory, tax situs, or administrative requirement for the participant's residence address may request that the participant verbally provide the agency with such residence address if the agency has the capability to use such address for such bona fide purpose without permanently entering it into the agency's records. If the agency does not have such capability, it shall accept the address designated by the Secretary of State as a program participant's substitute address, unless the Secretary of State determines that:
(a) The state or local agency has a bona fide statutory, tax situs, or administrative requirement for the use of the address which would otherwise be confidential under the Address Confidentiality Act; and
(b) The address will be used only for such bona fide statutory, tax situs, or administrative requirement.
(2) The Secretary of State shall forward all first-class mail to each program participant's substitute address.
Source
Laws 2003, LB 228, § 6.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1207 - Early voting; authorized.

42-1207.
Early voting; authorized.
(1) A program participant who is otherwise qualified to vote may apply to vote early under sections 32-938 to 32-951. The county clerk or election commissioner shall transmit the ballot for early voting to the program participant at the address designated by the program participant in his or her application as an early voter. Neither the name nor the address of a program participant or a registered voter with a court order issued as described under section 32-331 shall be included in any list of registered voters available to the public.
(2) The county clerk or election commissioner shall not make a program participant's address contained in voter registration records available for public inspection or copying except under the following circumstances:
(a) If requested by a law enforcement agency, to the law enforcement agency; or
(b) If directed by a court order, to a person identified in the order.
Source
Laws 2003, LB 228, § 7;
Laws 2005, LB 98, § 33;
Laws 2022, LB843, § 50.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1208 - Secretary of State; use of substitute address; exceptions.

42-1208.
Secretary of State; use of substitute address; exceptions.
The Secretary of State shall not make any records in a program participant's file available for inspection or copying, other than the substitute address designated by the Secretary of State, except under the following circumstances:
(1) If requested of the Secretary of State by the chief commanding officer of a law enforcement agency or the officer's designee in the manner provided for by rules and regulations adopted and promulgated by the Secretary of State;
(2) To a person identified in a court order upon the receipt by the Secretary of State of that court order which specifically orders the disclosure of a particular program participant's address and the reasons stated therefor; or
(3) To verify the participation of a specific program participant, in which case the Secretary of State may only confirm or deny information supplied by the requester.
Source
Laws 2003, LB 228, § 8.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1209 - Program participants; application assistance.

42-1209.
Program participants; application assistance.
The Secretary of State shall designate state and local agencies and nonprofit entities that provide counseling and shelter services to victims of abuse, sexual assault, kidnapping, stalking, or trafficking to assist persons applying to be program participants. Any assistance or counseling rendered by the office of the Secretary of State or its designees to such applicants shall not be deemed legal advice or the practice of law.
Source
Laws 2003, LB 228, § 9;
Laws 2017, LB280, § 3;
Laws 2022, LB691, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-101.01 - Terms, defined.

43-101.01.
Terms, defined.
For purposes of sections 43-101 to 43-115:
(1) Acknowledged father means an individual who has:
(a) Executed a valid acknowledgment of paternity; or
(b) Acknowledged paternity through establishment of a familial relationship with the child for a period of at least six months;
(2) Adjudicated father means an individual who has been determined by a court of competent jurisdiction, in this state or in another state or territory of the United States, to be the biological or legal father of a minor child; and
(3) Juvenile court means the separate juvenile court where it has been established pursuant to sections 43-2,111 to 43-2,127 and the county court sitting as a juvenile court in all other counties.
Source
Laws 2022, LB741, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-102.01 - Military personnel; deemed residents; when.

43-102.01.
Military personnel; deemed residents; when.
For purposes of adoption, persons serving in the armed forces of the United States, who have been continuously stationed at any military base or installation in the State of Nebraska for the period of one year immediately preceding the filing of a petition for adoption shall be deemed residents in good faith of this state and the county where such military base or installation is located.
Source
Laws 1969, c. 337, § 1, p. 1196.
2023 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).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-104.01 - Child born out of wedlock; putative father registry; Department of Health and Human Services; duties.

43-104.01.
Child born out of wedlock; putative father registry; Department of Health and Human Services; duties.
(1) The Department of Health and Human Services shall establish a putative father registry. The department shall maintain such registry and shall record the names and addresses of (a) any person adjudicated by a court of this state or by a court of another state or territory of the United States to be the biological father of a child born out of wedlock if a certified copy of the court order is filed with the registry by such person or any other person, (b) any putative father who has filed with the registry, prior to the receipt of notice under sections 43-104.12 to 43-104.16, a Request for Notification of Intended Adoption with respect to such child, and (c) any putative father who has filed with the registry a Notice of Objection to Adoption and Intent to Obtain Custody with respect to such child.
(2) A Request for Notification of Intended Adoption or a Notice of Objection to Adoption and Intent to Obtain Custody filed with the registry shall include (a) the putative father's name, address, and social security number, (b) the name and last-known address of the mother, (c) the month and year of the birth or the expected birth of the child, (d) the case name, court name, and location of any Nebraska court having jurisdiction over the custody of the child, and (e) a statement by the putative father that he acknowledges liability for contribution to the support and education of the child after birth and for contribution to the pregnancy-related medical expenses of the mother of the child. The person filing the notice shall notify the registry of any change of address pursuant to procedures prescribed in rules and regulations of the department.
(3) A request or notice filed under this section or section 43-104.02 shall be admissible in any action for paternity and shall estop the putative father from denying paternity of such child thereafter.
(4) Any putative father who files a Request for Notification of Intended Adoption or a Notice of Objection to Adoption and Intent to Obtain Custody with the putative father registry may revoke such filing. Upon receipt of such revocation by the registry, the effect shall be as if no filing had ever been made.
(5) The department may develop information about the registry and may distribute such information, through its existing publications, to the news media and the public. The department may provide information about the registry to the Department of Correctional Services, which may distribute such information through its existing publications.
Source
Laws 1995, LB 712, § 21;
Laws 1996, LB 1044, § 105;
Laws 1999, LB 594, § 11;
Laws 2007, LB247, § 6;
Laws 2007, LB296, § 63;
Laws 2022, LB741, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-104.03 - Child born out of wedlock; filing with putative father registry; department; notice; to whom given.

43-104.03.
Child born out of wedlock; filing with putative 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 putative 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 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.
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;
Laws 2022, LB741, § 9.
2023 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 putative 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 putative 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;
Laws 2022, LB741, § 10.
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).
2023 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.
2023 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 spouse, 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 rights, including the right to object to the adoption and the procedure and required timing to object, and 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 43-104.24.
Source
Laws 1995, LB 712, § 1;
Laws 2007, LB247, § 11;
Laws 2022, LB741, § 12.
2023 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.
2023 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).
2023 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, whether putative, acknowledged, or adjudicated, 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 personal service of process or by registered or certified mail, restricted delivery, return receipt requested:
(1) Any acknowledged father or adjudicated father;
(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;
Laws 2022, LB741, § 14.
2023 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)(a) 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 and consent to adoption, or that the biological mother has joined or plans to join in a petition for adoption to be filed by her spouse;
(3) That the person being notified has been identified as a possible biological father of the child, whether putative, acknowledged, or adjudicated;
(4) That the person being notified may have certain rights with respect to such child if he is in fact the biological father;
(5) That the person being notified 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 any time during the pregnancy or as late as ten business days after birth pursuant to section 43-104.02 if he is a putative father, and (e) object to the adoption in court within forty-five days after the later of receipt of notice under this section or the birth of the child if he is an acknowledged or adjudicated father;
(6) That to deny paternity, to waive his parental rights, or to relinquish and consent to the adoption, the person being notified 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 the person being notified 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 person being notified, which such person 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;
Laws 2022, LB741, § 15.
Annotations
This section is facially constitutional. In re Adoption of Baby Girl H., 262 Neb. 775, 635 N.W.2d 256 (2001).
2023 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 any time during the pregnancy or as late as ten business days after birth pursuant to section 43-104.02 if he is a putative father, or (v) object to the adoption in court within forty-five days after the later of receipt of notice under this section or the birth of the child if he is an acknowledged or adjudicated father;
(g) That 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
(h) That 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;
Laws 2022, LB741, § 16.
2023 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).
2023 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 filed in the adoption proceeding prior to the hearing on the petition for adoption.
Source
Laws 1995, LB 712, § 9;
Laws 2022, LB741, § 17.
2023 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 for adoption shall specifically allege compliance with sections 43-104.08 to 43-104.16, and all documents which are evidence of such compliance shall be filed with the court prior to the hearing on the petition. 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 a putative father provided notice under sections 43-104.12 to 43-104.14 and who failed to timely file a Notice of Objection to Adoption and Intent to Obtain Custody pursuant to section 43-104.02, (3) was a putative, acknowledged, or adjudicated father who failed to timely file a petition objecting to the adoption under section 43-104.05, or (4) is not required to consent to the adoption pursuant to proceedings conducted under section 43-104 or 43-104.22.
Source
Laws 1995, LB 712, § 10;
Laws 2007, LB247, § 16;
Laws 2022, LB741, § 18.
2023 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.

43-104.18.
Child born out of wedlock; failure to establish compliance with notice requirements; court powers.
If a petition for 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 and consent to the adoption of the child, including any evidence that providing notice to a biological father or possible 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 or possible 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.
Source
Laws 1995, LB 712, § 11;
Laws 2022, LB741, § 19.
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).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-104.23 - Child born out of wedlock; decree finalizing adoption without biological father's notification; when; appeal.

43-104.23.
Child born out of wedlock; decree finalizing adoption without biological father's notification; when; appeal.
(1) The court shall enter a decree finalizing the adoption of the child if, after viewing the evidence submitted to support a petition for adoption, the court determines that:
(a) No biological father can be identified;
(b) No identified father can be notified without likely threat to the safety of the biological mother or the child; or
(c) That there has been due diligence and substantial compliance with sections 43-104.08 to 43-104.16 and that no biological father has timely filed under section 43-104.02 or 43-104.05.
(2) Subject to the disposition of an appeal, upon the expiration of thirty days after a decree is issued under this section, the decree shall not be reversed, vacated, or modified on the basis of fraud, misrepresentation, or failure to provide notice under sections 43-104.12 to 43-104.14.
Source
Laws 1995, LB 712, § 16;
Laws 2022, LB741, § 21.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-104.24 - Child born out of wedlock; proceedings; court priority.

43-104.24.
Child born out of wedlock; proceedings; court priority.
All proceedings pursuant to sections 43-104.08 to 43-104.23 have the highest priority and shall be advanced on the court docket to provide for their earliest practical disposition. An adjournment or continuance of a proceeding pursuant to sections 43-104.08 to 43-104.23 shall not be granted without a showing of good cause.
Source
Laws 1995, LB 712, § 17.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-106 - Relinquishments and consents; signature; witnesses; acknowledgment.

43-106.
Relinquishments and consents; signature; witnesses; acknowledgment.
Relinquishments and consents required to be given under sections 43-104 and 43-105 must be acknowledged before an officer authorized to acknowledge deeds in this state and signed in the presence of at least one witness, in addition to the officer.
Source
Laws 1943, c. 104, § 4(3), p. 351;
R.S.1943, § 43-106;
Laws 1951, c. 128, § 1, p. 547;
Laws 1965, c. 233, § 1, p. 678;
Laws 2007, LB247, § 20;
Laws 2022, LB741, § 23.
Annotations
Acknowledgment held valid, no particular form of acknowledgment being specified. Batt v. Nebraska Children's Home Society, 185 Neb. 124, 174 N.W.2d 88 (1970).
Consent to adoption must be witnessed and acknowledged. McCauley v. Stewart, 177 Neb. 759, 131 N.W.2d 174 (1964).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-106.02 - Relinquishment of child; presentation of nonconsent form required.

43-106.02.
Relinquishment of child; presentation of nonconsent form required.
Prior to the relinquishment of a child for adoption, a representative of the Department of Health and Human Services or of any child placement agency licensed by the department or an attorney and a witness shall present a copy or copies of the nonconsent form as provided in section 43-146.06 to the relinquishing parent or parents and explain the effects of signing such form.
Source
Laws 1988, LB 372, § 3;
Laws 1996, LB 1044, § 112;
Laws 1997, LB 307, § 20.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-108 - Personal appearance of parties; exceptions.

43-108.
Personal appearance of parties; exceptions.
The minor child to be adopted, unless such child is over fourteen years of age, and the person or persons desiring to adopt the child must appear in person before the judge at the time of hearing, except that when the petitioners are married and one of them is present in court, the court, in its discretion, may accept the affidavit of an absent spouse who is in the armed forces of the United States and it appears to the court the absent spouse will not be able to be present in court for more than a year because of his or her military assignment, which affidavit sets forth that the absent spouse favors the adoption.
Source
Laws 1943, c. 104, § 6, p. 351;
R.S.1943, § 43-108;
Laws 1969, c. 340, § 1, p. 1199;
Laws 1998, LB 1041, § 11;
Laws 2022, LB741, § 24.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-109 - Decree; conditions; content.

43-109.
Decree; conditions; content.
(1) If, upon the hearing, the court finds that such adoption is for the best interests of such minor child or such adult child, a decree of adoption shall be entered. No decree of adoption shall be entered unless:
(a) It appears that the child has resided with the person or persons petitioning for such adoption for at least six months next preceding the entering of the decree of adoption, except that such residency requirement shall not apply in an adoption of an adult child;
(b) The medical histories required by subsection (2) of section 43-107 have been made a part of the court record;
(c) The court record includes an affidavit or affidavits signed by the relinquishing biological parent, or parents if both are available, in which it is affirmed that, pursuant to section 43-106.02, prior to the relinquishment of the child for adoption, the relinquishing parent was, or parents if both are available were:
(i) Presented a copy or copies of the nonconsent form provided for in section 43-146.06; and
(ii) Given an explanation of the effects of filing or not filing the nonconsent form; and
(d) If the child to be adopted is committed to the Department of Health and Human Services, the document required by subsection (3) of section 43-107 is a part of the court record.
(2) If the adopted child was born out of wedlock, that fact shall not appear in the decree of adoption.
(3) The court may decree such change of name for the adopted child as the petitioner or petitioners may request.
Source
Laws 1943, c. 104, § 7, p. 351;
R.S.1943, § 43-109;
Laws 1984, LB 510, § 4;
Laws 1985, LB 255, § 22;
Laws 1988, LB 372, § 2;
Laws 1988, LB 301, § 8;
Laws 1989, LB 231, § 2;
Laws 1999, LB 594, § 19;
Laws 2011, LB94, § 2;
Laws 2012, LB768, § 2;
Laws 2022, LB741, § 25.
Annotations
The issue of the children's best interests in the context of adoption is within the dominion of the county court. Smith v. Smith, 242 Neb. 812, 497 N.W.2d 44 (1993).
A decision as to whether or not to permit adoption is required to be based on the best interests of the child. Nebraska Children's Home Soc. v. Collins, 195 Neb. 531, 239 N.W.2d 258 (1976).
Child must reside with adoptive parents at least six months preceding the rendition of decree. Hiatt v. Menendez, 157 Neb. 914, 62 N.W.2d 123 (1954).
Decree of adoption should be granted only if it will be for best interests of child. Krell v. Jenkins, 157 Neb. 554, 60 N.W.2d 613 (1953).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-110 - Decree; effect as between parties.

43-110.
Decree; effect as between parties.
After a decree of adoption is entered, the usual relation of parent and child and all the rights, duties and other legal consequences of the natural relation of child and parent shall thereafter exist between such adopted child and the person or persons adopting such child and his, her or their kindred.
Source
Laws 1943, c. 104, § 8, p. 351;
R.S.1943, § 43-110.
Annotations
No distinction between adult and minor adoptees will be made for the purposes of this section. Satterfield v. Bonyhady, 233 Neb. 513, 446 N.W.2d 214 (1989).
Under the provisions of this section an adopted child, in the absence of specific testamentary directions to the contrary, inherits from the antecedents of an adoptive parent to the same extent as do the adoptive parent's natural children. In re Trust Estate of Darling, 219 Neb. 705, 365 N.W.2d 821 (1985).
Habeas corpus petition of natural parents for children who had been in adoptive home over five years was properly dismissed. Syrovatka ex rel. Syrovatka v. Graham, 190 Neb. 355, 208 N.W.2d 281 (1973).
The next of kin of adoptive parents have the same right to inherit property from an adoptive child as from a natural child of the adoptive parents. Neil v. Masterson, 187 Neb. 364, 191 N.W.2d 448 (1971).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-111.01 - Denial of petition; court; powers.

43-111.01.
Denial of petition; court; powers.
Except as otherwise provided in the Nebraska Indian Child Welfare Act, if, upon a hearing, the court shall deny a petition for adoption, the court may take custody of the child involved and determine whether or not it is in the best interests of the child to remain in the custody of the proposed adopting parents. The court may also, on its own motion, appoint a legal guardian over the person and property of such minor and make disposition in the best interests of the child without further notice, relinquishments, or consents as may otherwise be required by sections 43-101.01 to 43-112.
Source
Laws 1965, c. 231, § 1, p. 674;
Laws 1971, LB 384, § 1;
Laws 1985, LB 255, § 24;
Laws 2022, LB741, § 27.
Cross References
Nebraska Indian Child Welfare Act, see section 43-1501.
Annotations
Where abandonment is found so as to permit substitute consent to be given, the county court may still refuse to allow the adoption, in which case the parental rights remain intact until a decree of adoption is in fact granted. In re Guardianship of Sain, 211 Neb. 508, 319 N.W.2d 100 (1982).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-112 - Decree; appeal.

43-112.
Decree; appeal.
An appeal shall be allowed from any final order, judgment, or decree, rendered under the authority of sections 43-101 to 43-115, from the county court to the Court of Appeals in the same manner as an appeal from district court to the Court of Appeals.
An appeal may be taken by any party and may also be taken by any person against whom the final judgment or final order may be made or who may be affected thereby. The judgment of the Court of Appeals shall not vacate the judgment of the county court. The judgment of the Court of Appeals shall be certified without cost to the county court for further proceedings consistent with the determination of the Court of Appeals.
Source
Laws 1943, c. 104, § 10, p. 352;
R.S.1943, § 43-112;
Laws 1981, LB 42, § 22;
Laws 1995, LB 538, § 8;
Laws 2022, LB741, § 28.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-113 - Adoption records; access; retention.

43-113.
Adoption records; access; retention.
Except as otherwise provided in the Nebraska Indian Child Welfare Act, court adoption records may not be inspected by the public and shall be permanently retained as a preservation duplicate in the manner provided in section 84-1208 or in their original form in accordance with the Records Management Act. No person shall have access to such records except that:
(1) Access shall be provided on the order of the judge of the court in which the decree of adoption was entered on good cause shown or as provided in sections 43-138 to 43-140 or 43-146.11 to 43-146.13; or
(2) The clerk of the court shall provide three certified copies of the decree of adoption to the parents who have adopted a child born in a foreign country and not then a citizen of the United States within three days after the decree of adoption is entered. A court order is not necessary to obtain these copies. Certified copies shall only be provided upon payment of applicable fees.
Source
Laws 1943, c. 104, § 11, p. 352;
R.S.1943, § 43-113;
Laws 1980, LB 992, § 29;
Laws 1985, LB 255, § 25;
Laws 1988, LB 372, § 4;
Laws 1989, LB 229, § 2;
Laws 1997, LB 80, § 1;
Laws 1998, LB 1041, § 12;
Laws 2021, LB355, § 4.
Cross References
Birth certificate, adoptive, see sections 71-626 and 71-627.02.
Nebraska Indian Child Welfare Act, see section 43-1501.
Records Management Act, see section 84-1220.
Report of adoption, court required to file, see section 71-626.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-115 - Prior adoptions.

43-115.
Prior adoptions.
No adoption heretofore lawfully made shall be affected by the enactment of sections 43-101 to 43-115, but such adoptions shall continue in effect and operation according to the terms thereof.
Source
Laws 1943, c. 104, § 13, p. 352;
R.S.1943, § 43-115;
Laws 2022, LB741, § 29.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-116 - Validity of decrees.

43-116.
Validity of decrees.
When any court in the State of Nebraska shall (1) have entered of record a decree of adoption prior to August 27, 1949, it shall be conclusively presumed that such adoption and all instruments and proceedings in connection therewith are valid in all respects notwithstanding some defect or defects may appear on the face of the record, or the absence of any record of such court, unless an action shall be brought within two years from August 27, 1949, attacking its validity, or (2) hereafter enter of record such a decree of adoption, it shall in like manner be conclusively presumed that the adoption and all instruments and proceedings in connection therewith are valid in all respects notwithstanding some defect or defects may appear on the face of the record, or the absence of any record of such court, unless an action is brought within two years from the entry of such decree of adoption attacking its validity.
Source
Laws 1949, c. 130, § 1, p. 340;
Laws 1998, LB 1041, § 13.
Annotations
Any action to set aside an adoption must be brought under this section. The matter of adoption is statutory, and the manner of procedure and terms are all specifically prescribed and must be followed. In re Adoption of Hemmer, 260 Neb. 827, 619 N.W.2d 848 (2000).
All instruments and proceedings connected with adoption are conclusively presumed valid unless decree is attacked within two years. Syrovatka ex rel. Syrovatka v. Graham, 190 Neb. 355, 208 N.W.2d 281 (1973).
After two years from entry of decree of adoption, there is conclusive presumption of validity of decree of adoption. Hiatt v. Menendez, 157 Neb. 914, 62 N.W.2d 123 (1954).
Natural parents are barred from collaterally challenging the adoption of their natural children once the statutory period of two years had passed for a direct appeal of the adoption order. Syrovatka v. Erlich, 608 F.2d 307 (8th Cir. 1979).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-117 - Adoptive parents; assistance; medical assessment of child.

43-117.
Adoptive parents; assistance; medical assessment of child.
(1) The Department of Health and Human Services may make payments as needed, after the legal completion of an adoption, on behalf of a child who immediately preceding the adoption was (a) a ward of the department with special needs or (b) the subject of a state-subsidized guardianship. Such payments to adoptive parents may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. Payments for maintenance and medical care shall terminate on or before the child's twentieth birthday.
(2) The Department of Health and Human Services shall pay the treatment costs for the care of an adopted minor child which are the result of an illness or condition if within three years after the decree of adoption is entered the child is diagnosed as having a physical or mental illness or condition which predates the adoption and the child was adopted through the department, the department did not inform the adopting parents of such condition prior to the adoption, and the condition is of such nature as to require medical, psychological, or psychiatric treatment and is more extensive than ordinary childhood illness.
(3) The Department of Health and Human Services shall conduct a medical assessment of the mental and physical needs of any child to be adopted through the department.
Source
Laws 1971, LB 425, § 1;
Laws 1996, LB 1044, § 114;
Laws 1997, LB 788, § 1;
Laws 2009, LB91, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-117.01 - Ward of a child placement agency; adoptive parents; assistance.

43-117.01.
Ward of a child placement agency; adoptive parents; assistance.
The Department of Health and Human Services may make payments as needed on behalf of a ward of a child placement agency with special needs after the legal completion of the child's adoption as authorized by the federal adoption assistance program, 42 U.S.C. 673. Such payments to adoptive parents may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. Payments for maintenance and medical care shall terminate on or before the child's nineteenth birthday.
Source
Laws 1990, LB 1070, § 1;
Laws 1996, LB 1044, § 115.