What are the requirements for stepparent adoption in Nebraska?

In Nebraska, a stepparent adoption is filed in County Court, and the main requirements are consent from the people the law requires (or a legal basis to go forward without it), consent from a child who is 14 or older, and a court hearing. There is no minimum residency period and the home study is waived. Here is how each piece works.

Where you file: Your petition for adoption goes to the County Court. Your county's court clerk can tell you about local filing procedures.

Residency: Nebraska sets no minimum residency period for this adoption (Neb. Rev. Stat. § 43-102).

Who can adopt: Nebraska allows any adult person to adopt a minor child, with no separate adoption-specific minimum age. Minors in Nebraska are those under 19.

Consent from the other parent: The usual paperwork is a petition for adoption, plus either consent forms or a motion to terminate parental rights. Your spouse, the child's parent, also gives consent to the adoption. Termination is not a separate proceeding in Nebraska.

If the other parent will not consent or cannot be found: Nebraska recognizes abandonment of 6 months as a ground to proceed without that parent's consent (Neb. Rev. Stat. § 43-104(4)(b)). Whether your situation qualifies depends on the facts, so ask the County Court clerk or an attorney about contested cases or an unknown parent. Nebraska also has a putative father registry, which can matter when a child's father was never legally established.

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

Child's consent: A child who is 14 or older must consent (Neb. Rev. Stat. § 43-104).

Home study: Nebraska waives the home study for stepparent adoptions (Neb. Rev. Stat. § 43-107).