Nebraska Relinquishment, Consent, Revocation laws

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.
  
  
  advertisement

   

  

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.

Adapted from materials prepared by the National Adoption Information Clearinghouse.