What are the adoption laws in Nebraska?

Nebraska stepparent adoption is handled by the County Court, and the main rules come from Nebraska Revised Statutes Chapter 43, Article 1, including Neb. Rev. Stat. § 43-101 and Neb. Rev. Stat. § 43-104. Here is how those rules apply to a stepparent adoption.

Where you file. You file in the County Court. Nebraska has 93 counties, so your petition goes to the court in the county where you live. Omaha, Lincoln, Bellevue, Grand Island and Kearney families each use their own county's court. The clerk there can confirm local filing details.

Who can adopt. Neb. Rev. Stat. § 43-101 allows any adult person to adopt a minor child. Nebraska has no separate adoption-specific minimum age for the adopting parent.

Residency. Nebraska sets no minimum residency period for you to file (Neb. Rev. Stat. § 43-102). You do not have to wait out a set number of months before starting.

Consent. Adoption depends on consent, and the filing includes consent forms from the people whose consent is needed. Your spouse, the child's parent, must also consent to the adoption. A child over 14 must consent as well (Neb. Rev. Stat. § 43-104). Nebraska also has a putative father registry, which can matter when a child's biological father has not been legally established.

If the other parent will not consent. The filing can instead include a motion to terminate parental rights. In Nebraska this is part of the adoption filing rather than a separate case. Abandonment is one ground, and the abandonment period is 6 months (Neb. Rev. Stat. § 43-104(4)(b)). Whether abandonment applies to your family depends on your facts, so for a contested case or an unknown or missing parent, ask the County Court clerk or an attorney.

Notice to the other parent. Nebraska allows personal service by a sheriff or process server. If the other parent's location is unknown, service by publication is allowed.

Home study. A home study is waived in stepparent adoptions (Neb. Rev. Stat. § 43-107), which removes a step that can slow things down in other adoptions.

Timeline. A stepparent adoption in Nebraska typically takes 3-6 months. An adult adoption is faster, typically 4-8 weeks, and the court still holds a hearing.

Adult adoption. Nebraska permits adult adoption. A stepparent may adopt an adult child of their spouse, while other adult adoptions have additional conditions. The petitioner's spouse must join the petition. Because eligibility can depend on your family's situation, confirm the details with the clerk or an attorney.

Cost. The court filing fee typically runs $100-$250. The total cost of a stepparent adoption you handle yourself is typically under $1,000, compared with $3,000-$5,000+ when hiring an attorney.