(1) Subject to sections 43-101 to 43-115 and except as otherwise provided in the Nebraska Indian Child Welfare Act and subsections (4) and (5) of this section:
(a) Any minor child may be adopted by any adult person or persons;
(b) Any minor child may be adopted by the spouse of such child's parent; and
(c) Any minor child who has a sole legal parent may be adopted by a second adult person if:
(i) The sole legal parent consents as provided in section 43-104;
(ii) The child has a parent-child relationship with the second adult person;
(iii) The child is the biological child of the second adult person;
(iv) The second adult person has not previously had such person's parental rights to such child terminated; and
(v) An adoptive home study is completed as provided in section 43-107.
(2) Subject to sections 43-101 to 43-115 and except as otherwise provided in subsections (4) and (5) of this section:
(a) Any adult child may be adopted by the spouse of such adult child's parent; and
(b) The adoption of an adult child by another adult or adults who are not the stepparent of the adult child may be permitted if the adult child has had a parent-child relationship with the prospective parent or parents for a period of at least six months next preceding the adult child's age of majority and:
(i) The adult child has no living parents;
(ii) 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;
(iii) The parent or parents, if living, have relinquished the adult child for adoption by a written instrument;
(iv) The parent or parents had abandoned the child for at least six months next preceding the adult child's age of majority or for a substantial portion of the time since the adult child reached the age of majority;
(v) The parent or parents are incapable of consenting; or
(vi) The adult child has a sole legal parent who consents as provided in section 43-104.
(3) The substitute consent provisions of section 43-105 do not apply to adoptions under subsection (2) of this section.
(4) No person with a spouse may adopt a minor child or an adult child unless the spouse of such person joins in the petition for adoption, in which case the adoption shall be made by such persons jointly.
(5) An adoption shall not be permitted under this section if it would result in a minor or adult child having more than two legal parents.
Notes of Decisions
Cited in
23
cases (
4 in the last 5 years), 1934–2023 · leading case:
In Re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002).
In Re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002).
· cites it 50× “The outcome of this appeal is controlled by the provisions of the Nebraska adoption statutes, Neb.Rev.Stat. § 43-101 et seq. (Reissue 1998 & Cum.”
In re Adoption of Yasmin S., 308 Neb. 771 (Neb. 2021).
· cites it 14× “At a hearing, the county court raised a concern that 1 Neb. Rev. Stat. § 43-101 (1) (Reissue 2016).”
In Re Guardianship of Sain, 319 N.W.2d 100 (Neb. 1982).
· cites it 10× “Zerbs, is the natural mother of the child sought to be adopted and the current wife of Stephen T.”
Bohaboj v. Rausch, 721 N.W.2d 655 (Neb. 2006).
· cites it 3× “The court found, inter alia, that “Rausch intends to relinquish the child for adoption” and, based on this finding, concluded that the matter was governed by the adoption statutes, Neb. Rev. Stat. § 43-101 et seq. (Reissue 2004), over which the county court has jurisdiction.”
In Re Adoption of Kailynn D., 733 N.W.2d 856 (Neb. 2007).
· cites it 2× “3 The adoption statutes codified at Neb. Rev. Stat. §§ 43-101 to 43-116 (Reissue 2004) do not make a county a necessary party to an adoption proceeding.”
Armour v. L.H., 608 N.W.2d 599 (Neb. 2000).
· cites it 5× “subject to the rules prescribed in sections 43-101 to *142 43-115 .”
Stewart v. Heineman, 296 Neb. 262 (Neb. 2017).
· cites it 2× “The court’s orders on these motions are the subject of the current appeal.”
In Re Adoption of Baby Girl H., 635 N.W.2d 256 (Neb. 2001).
· cites it 2× “and Nebraska Constitutions; (4) rendering an adoption decree contrary to statutory provisions; and (5) failing to dismiss the adoption petition for failure of proof and lack of jurisdiction.”
Waters v. Ricketts, 48 F. Supp. 3d 1271 (D. Neb. 2015).
· cites it 2× “See Neb.Rev. Stat. § 43-101(1); 43-120; In re adoption of Luke, 263 Neb.”
Citizens for Equal Prot., Inc. v. Bruning, 368 F. Supp. 2d 980 (D. Neb. 2005).
· cites it 2× “§§ 2611 (12) & 2612(a)-(d) (1994) (FMLA covers care of seriously ill stepchild); Neb.Rev.Stat. § 43-101 (relaxed adoption requirements and simplified procedures to stepparents); In re Adoption of T.”
In re Adoption of Yasmin S., 308 Neb. 771 (Neb. 2021).
· cites it 14× “At a hearing, the county court raised a concern that 1 Neb. Rev. Stat. § 43-101 (1) (Reissue 2016).”
— Neb. Rev. Stat. § 43-101(1) — 4 cases
In re Adoption of Yasmin S., 308 Neb. 771 (Neb. 2021).
“At a hearing, the county court raised a concern that 1 Neb. Rev. Stat. § 43-101 (1) (Reissue 2016).”
In Re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002).
“The outcome of this appeal is controlled by the provisions of the Nebraska adoption statutes, Neb.Rev.Stat. § 43-101 et seq. (Reissue 1998 & Cum.”
Waters v. Ricketts, 48 F. Supp. 3d 1271 (D. Neb. 2015).
“See Neb.Rev. Stat. § 43-101(1); 43-120; In re adoption of Luke, 263 Neb.”
In re Adoption of Yasmin S., 308 Neb. 771 (Neb. 2021).
“At a hearing, the county court raised a concern that 1 Neb. Rev. Stat. § 43-101 (1) (Reissue 2016).”
— Neb. Rev. Stat. § 43-101(2)(a) — 2 cases
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