What if the biological parent lives in Nebraska but I live in another state?

If you live in another state and the biological parent lives in Nebraska, the parent's Nebraska address does not by itself mean you file in Nebraska. Nebraska's statutes place jurisdiction in the County Court of the county where the petitioners live, so the court is tied to where you and the child live. How that works when the petitioner lives out of state is worth confirming with the County Court clerk or an attorney before you file.

If you and the child live in another state:

• Your adoption is generally filed in your own state's court and follows your state's rules, not Nebraska's.
• The Nebraska parent is still part of the case. They may need to be notified, or they may sign a consent.
• Nebraska's residency, consent and timeline details below apply only if your case is actually filed in Nebraska.

If you and the child live in Nebraska:

• You file in the County Court of your county. Nebraska has 93 counties, and each clerk can tell you local filing details.
• Nebraska sets no minimum residency period (Neb. Rev. Stat. § 43-102).
• A child who is 14 or older must consent (Neb. Rev. Stat. § 43-104).
• The home study is waived in stepparent adoptions (Neb. Rev. Stat. § 43-107).
• A stepparent adoption typically takes 3-6 months. Court filing fees run about $100-$250.

Reaching a parent who lives in Nebraska:

• If the parent agrees, they can sign the consent forms. Nebraska allows consent forms or a motion to terminate parental rights, depending on the situation.
• If the parent does not agree, Nebraska allows personal service by a sheriff or process server.
• If you don't know where the parent is, Nebraska allows service by publication. Whether that fits your facts is a question for the clerk or an attorney.
• Nebraska has a putative father registry, which may matter if a father's legal status is unclear.
• Nebraska's abandonment period is 6 months (Neb. Rev. Stat. § 43-104(4)(b)). Whether it applies to your situation is a fact-