Frequently Asked Questions

Anytime during the pregnancy or after the baby is born.

Yes. If done through an agency, prospective adoptive parents are evaluated, trained, and have completed background checks before being approved as potential adoptive parents.

Yes. In fact, it is encouraged. The birth mother retains all legal rights to the baby until relinquishments are signed.

This varies from one agency to the next. Pregnancy-related expenses can be paid by adoptive parents.

However, agencies do not pay for any such expenses to keep adoption planning free of any feelings of obligation or coercion. Adoptive families do not get reimbursed if the birth mother or birth father chooses to parent.

Yes. The Nebraska Supreme Court has ruled that a mother can make decisions for her child no matter her age.

Although the legal documents can be signed after a minimum of 48 hours after the birth of the child, this can vary depending on the professional she is working with. The best practice among agencies is to have the mother sign legal documents after the 5-day period during which a possible father can file a Notice of Objection to Adoption and Intent to Obtain Custody (NRS-Neb 43-104).

Yes. Nothing is legal until the relinquishment is signed.

Once a birth mother signs relinquishment papers, the relinquishment is final and irrevocable. However, if she feels that the relinquishment was caused by threats, coercion, fraud, or duress, it may be challenged.

Yes. All Nebraska agencies practice “open adoption,” which means communication and contact between the adoptive family and the birth family are encouraged and preferred. Although adoptive parents have the right to end communication at any time, most adoptive families have received thorough education and training to understand the value of communication with the birth family and desire to maintain it for the child’s benefit.

Birth parents and adoptive parents can make an open adoption agreement that specifies what communication and contact may take place after the adoption is finalized.

Yes. Per state law (LB 157), no one can be prosecuted for leaving a child (under 30 days old) in the care of an employee on duty at a licensed hospital. Should this occur, the hospital will contact authorities to determine custody of the child.

Each parent has the right to choose to parent. If the birth mother and birth father do not agree, the individual who wishes to parent must take appropriate action steps to pursue parenting. For example, if the birth father does not agree to the adoption plan, he must file a claim of paternity with the Nebraska Department of Health and Human Services. He then must file a petition with the court, which would involve an attorney.

Every case is different, and there are exceptions to this rule. Contacting an adoption agency can help you navigate this process and determine the next steps.

Yes. Nebraska law requires that any and all possible biological fathers are notified and informed of their rights and responsibilities. There are exceptions to this when there is evidence that such notification would threaten the safety of the mother or child, or if conception was the result of sexual assault or incest.

No. However, should an adoption plan be considered, the agency is required to notify him of this plan and inform him of his rights and responsibilities.

The agency must notify him of his rights in person, through registered mail, or in a newspaper of general circulation.

Yes. If done through an agency, prospective adoptive parents are evaluated, trained, and have completed background checks before being approved as potential adoptive parents.

Nebraska law is silent on this issue. There is a legal necessity to identify the father of children born out of wedlock or whose biological father may be someone other than the mother’s husband. Once identified, that father is entitled to notice, as described above. In practice, both the “legal” father and the biological father should be notified. The legal father is identified as the child’s father solely because he is married to the child’s mother.

The legal father, whether or not he is the biological father, must be notified as described above. Legal fathers may deny paternity and waive rights or sign a relinquishment for adoption.

The mother will complete the “Affidavit of Identification of Father by Biological Mother” with information about the father or possible fathers. The worker is mandated to use due diligence in notifying the father or possible fathers of their rights through receipt of formal notification, registered mail, or publication in a newspaper. The notice will be sent to:

• Any man adjudicated by a court in Nebraska, another state, or territory to be the father.
• Any man who filed a paternity claim for notification purposes or a notice of intent to claim paternity and obtain custody.
• Any man who filed a notice to claim paternity and claim custody with the father’s registry at Vital Statistics.
• Any man recorded on the child’s birth certificate as the child’s father.
• Any man who might be the biological father and has openly lived with the child’s mother within twelve months of the child’s birth.
• Any man who has been identified as the biological father or possible biological father by the child’s mother.
• Any man who was married to the child’s mother within six months prior to the birth of the child and prior to execution of the relinquishment.
• Any man who the agency may have reason to believe may be the biological father of the child.

Prior to signing relinquishment papers, the mother is required to complete and sign an affidavit providing as much information as she has about the identity of the father. She must swear under oath that the affidavit is complete and accurate. Penalties of perjury apply to false affidavits. The affidavit is presented to the court for finalization. The legality of the adoption can be threatened if the mother is found to have lied about or withheld information about the biological father that prevented accurate notification.

Yes. The father can give notice that he intends to parent the baby before the birth by filing a notice of intent to claim paternity with the Biological Father Registry maintained by the Nebraska Department of Health and Human Services, Vital Records.

Yes. Nothing is legal until the relinquishment is signed.

Once a birth father signs relinquishment papers, the relinquishment is final and irrevocable. However, if he feels that the relinquishment was caused by threats, coercion, fraud, or duress, it may be challenged.

Yes. The law is the same as it is for the mother.

Yes. Per state law (LB 157), no one can be prosecuted for leaving a child (under 30 days old) in the care of an employee on duty at a licensed hospital. Should this occur, the hospital will contact authorities to determine custody of the child.

Each parent has the right to choose to parent. If the birth mother and birth father do not agree, the individual who wishes to parent must take the appropriate action steps to pursue parenting. For example, if the birth father does not agree to the adoption plan, he must file a claim of paternity with the Nebraska Department of Health and Human Services. He then must file a petition with the court, which would involve an attorney.

Every case is different, and there are exceptions to this rule. Contacting an adoption agency can help you navigate this process and determine the next steps.

A person, either married or single, who has been assessed and approved through an adoptive home study or, in specific situations, a post-placement home study by a licensed child-placing agency may be eligible to adopt.

A child-placing agency must provide the adopting parents with the available medical history of the person placed for adoption and of the biological parents, if available. The medical history of the adoptee must be provided to the court upon the filing of the petition for adoption (PRS-Neb 43-128).

Nebraska law requires that the Nebraska Department of Health and Human Services or a licensed child-placing agency complete a home study of the prospective adoptive parents before a child is placed in the home for adoption. Specific exceptions to the pre-placement requirement are made through a court order for situations such as when a child has been living with relatives for a period of time. The home study report must be within one year of the placement (PRS-Neb 43-107).

Yes. The child must have resided with the adoptive parents for at least six months before a court will finalize the adoption (PRS-Neb 43-109).

As legal parents, the adoptive parents would have the same rights as any other parent in controlling other adults’ communication with their children. In private placements, open adoption relationships are ethical and moral agreements but not bound by law.

See above regarding legally binding open adoptions.

The birth parents should provide the available medical history of the person placed for adoption. Medical history shall not include the names of the biological parents of the adopted person or the place of birth of the adopted person (PRS-Neb 43-128).

Most child-placing agencies that approve a home study will conduct two to three post-placement visits before finalization occurs.

The adoption is final when the judge signs the decree of adoption.

The prospective adoptive parents initiate the finalization process through their attorney.

The child must reside with the adoptive parents for six months before the adoption can be finalized in court. Legal adoption papers are usually filed at least six months after the child has resided with the adoptive parents.

Biological parents can sign relinquishments a minimum of 48 hours after the birth of the baby. Best practice recommends that if the biological father does not sign relinquishments, the biological mother should wait until it is determined whether the biological father will file a claim to paternity (within 5 business days after birth or notification) before signing relinquishments.

If the biological parents do not agree on an adoption plan, it becomes a custody situation resolved through the court between the two biological parents.

No, unless the parent’s rights have been terminated by a court action, or the biological father did not file a notice of intent to claim paternity and obtain custody. In a voluntary infant adoption, the biological mother must consent to the adoption. However, if the biological father does not file a claim to paternity within 5 business days of the birth of the child or receiving notice (whichever comes later), he consents to the adoption by his inaction.

• Before placing a child for adoption, the department, agency, or court must provide the prospective adoptive parents with a written document containing all non-identifying information that is not confidential under state or federal law and is reasonably obtainable.
• Once the adoption is finalized, the adoptive parents have full decision-making rights for the child, regardless of prior discussions or agreements.
• If the adoptee is a minor, the adoptive parents make the decision. As an adult adoptee, the individual may seek out their birth parents via the Bureau of Vital Records if the birth parents have provided releases to disclose identifying information. If the adopted person was relinquished after September 1, 1988, they may file a Release of Information form with the Bureau of Vital Records to obtain their Original Birth Record.
• The attorney/agency worker must make reasonable efforts to obtain non-identifying information, including health and genetic family history and any medical, psychological, or psychiatric evaluations available at the time of the adoption.

In Nebraska, any ancillary agreements, such as an openness plan or an openness agreement, are not legally binding. Most agencies will prepare a written agreement for the parties to sign, but this is intended as a guide in case of disagreements about the level of openness in the future.

The Indian Child Welfare Act (ICWA) is a federal law that seeks to keep American Indian children with American Indian families. Congress passed ICWA in 1978 in response to the alarmingly high number of Indian children being removed from their homes by both public and private agencies. The intent of Congress under ICWA was to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families” (25 U.S.C. § 1902). ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe.

Kinship adoption involves adopting a child that is known to you. The adoptive parent could be a family member, friend, teacher, coach, clergy, neighbor, etc., to the youth or biological parents.

Kinship adoption is the adoption of a youth known to the caregivers. This could involve a familial relationship or a non-familial relationship.

Kinship adoption is considered a private adoption by the courts. The adoptive home will need to complete a home study conducted by a licensed child-placing agency and will have to obtain an attorney to complete the process with the courts.

Yes. Individuals need to contact licensed child-placing agencies and attorneys to determine the fees.