There are various types of adoption available in Nebraska. Below is a general description of each.
1. Private Adoption:
These types of adoptions most commonly occur either through an adoption agency or through a separate relationship where one wants to adopt a child of another. Private adoptions require the biological parents to relinquish their parental rights.
2. Foster Care Adoption:
This occurs when biological parents’ rights are terminated, and the child becomes a ward of the state. Generally speaking, one becomes a foster parent before adopting a state ward.
3. International Adoption
4. Stepparent Adoption:
A stepparent adoption is an adoption completed by a legal parent and their spouse.
Often times when a legal parent has passed or is not involved in a child’s life, a stepparent wants to know what is necessary to adopt their partner’s child. Adoption creates a legal bond and once complete, the stepparent will have all of the legal rights and responsibilities of a parent. This means that if the parents later divorce or the biological parent dies, the adoptive parent still is legally responsible.
In Nebraska, there are specific things that need to be met before you can start the stepparent adoption process.
1. Marriage: The stepparent must be married to his/her stepchild’s parent.
2. Residence: The stepparent must have been living with the stepchild for at least six months prior to filing of the Petition for Adoption.
If you want to adopt your stepchild, the Court will require both your spouse and the other legal or biological parent to consent. If the other legal parent will not agree, there are some exceptions that allow the adoption process to continue. These exceptions can be very complicated and fact specific. However, one exception could apply if the other parent has been absent from the child’s life for an extended period of time.
During the adoption process, the stepparent will have to complete various background checks, including a criminal background check and a search of the Nebraska Central Registry for both adult and child abuse. Generally speaking, a home study is not required in a stepparent adoption.
In Nebraska, adulthood doesn’t prevent a stepparent from adopting their stepchild either!
5. Adult Adoption:
Adult adoption is the adoption of an individual 19 years of age or older.
Believe it or not, in Nebraska it is possible to adopt an individual who has reached the age of majority, which is nineteen years of age. While adult adoptions are not very common in Nebraska, they can occur if certain requirements are been met.
Nebraska allows for an adult adoption either through a stepparent adoption or if the adult and child have had a parent-child relationship for a period of at least six (6) months prior to the child reaching the age of majority. However, one of the following additional requirements must be met in order for a non-stepparent to adopt and adult child:
1. the child must have no living parents; or
2. the adult child's parent or parents had been deprived of parental rights to such child by the order of any court of competent jurisdiction; or
3. the parent or parents, if living, have relinquished the adult child for adoption; or
4. the parent or parents had abandoned the child for at least six months next preceding the adult child's age of majority; or
5. the parent or parents are incapable of consenting.
If it is not a stepparent adoption, note that Nebraska statute states that no person having a spouse may adopt an adult child unless the spouse joins in the petition. This means that if the spouse does join the petition, the adoption will be by both parties.
There are also various ways to handle communication between the child, birth parents, and adoptive parents.
1. Open Adoption: Just as it sounds, this type of adoption leaves communication open between the parties involved, including the child. This does not mean the birth parents and adoptive parents are co-parenting, but can include phone calls, visits throughout the year, or sending pictures and letters.
2. Closed Adoption: Opposite of the open adoption, this type of adoption has no communication between the parties. This can happen for any reason and be at the request of either the birth parent or the adoptive parent.
If you need legal counsel on adoption, please call us for a consultation at 402-548-5418. Every adoption is unique. We can help you navigate the adoption process with compassion and expertise.