Can I adopt my stepchild if I'm in a same-sex marriage in Nebraska?

Yes. If you're married to your stepchild's parent, you can ask the Nebraska County Court to approve a stepparent adoption. Nebraska's adoption law says "any adult person" may adopt a minor child. The process below is the one Nebraska sets out for stepparent adoptions. Your petition is filed in the County Court in your county.

What Nebraska asks for:

• Residency: Nebraska has no minimum residency period for filing under Neb. Rev. Stat. § 43-102. The County Court clerk in your county can tell you how the court applies this to your family.
• Your spouse's consent: Your spouse, the child's parent, must consent to the adoption.
• The child's consent: A child over 14 must consent under Neb. Rev. Stat. § 43-104.
• The other parent: The paperwork includes either the other parent's consent or a motion to terminate that parent's rights. Nebraska also has a putative father registry. Abandonment is addressed in Neb. Rev. Stat. § 43-104(4)(b), which refers to a 6-month period. Nebraska does not treat termination as a separate case.
• Home study: Neb. Rev. Stat. § 43-107 waives the home study for stepparent adoptions.

Where your situation may need extra help: If the other parent is unknown, can't be found, or objects, the right steps depend on your facts. Ask the County Court clerk in your county, or consult a Nebraska attorney about that specific issue. Questions about your family's particular circumstances belong there too.

Timeline and cost: Stepparent adoptions in Nebraska typically take 3-6 months. Court filing fees run $100-$250, and the total cost is typically under $1,000. Hiring an attorney commonly runs $3,000-$5,000+. Service on the other parent can be done by a sheriff or process server, or by publication if that parent's location is unknown.

Where to start: Gather your marriage certificate, your stepchild's birth certificate, and any information you have about the other parent. If you're unsure about anything specific to your family, call the County Court clerk before filing.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your Nebraska county.