(1) Any person or persons desiring to adopt a minor child or an adult child shall file a petition for adoption signed and sworn to by the person or persons desiring to adopt. The following shall be filed prior to the hearing required under section 43-103:
(a) The consent or consents required by sections 43-101, 43-104, and 43-105 or section 43-104.07;
(b) The documents required by section 43-104.07 or the documents required by sections 43-104.08 to 43-104.24;
(c) A completed preplacement adoptive home study if required by section 43-107;
(d) The completed and signed affidavit described in section 43-104.09 if required by such section;
(e) The completed and signed affidavit described in section 43-104.16 if required by such section; and
(f) When a consent is not required under subdivision (4)(c) of section 43-104, a certified copy of the termination order.
(2) The county court of the county in which the person or persons desiring to adopt a child reside has jurisdiction of adoption proceedings, except that if a juvenile court already has jurisdiction over the child to be adopted under the Nebraska Juvenile Code, such juvenile court has concurrent jurisdiction with the county court in such adoption proceeding. If a child to be adopted is a ward of any court or a ward of the state at the time of placement and at the time of filing an adoption petition, the person or persons desiring to adopt shall not be required to be residents of Nebraska. The petition and all other court filings for an adoption proceeding shall be filed with the clerk of the county court. The party shall state in the petition whether such party requests that the proceeding be heard by the county court or, in cases in which a juvenile court already has jurisdiction over the child to be adopted under the Nebraska Juvenile Code, such juvenile court. Such proceeding is considered a county court proceeding even if heard by a juvenile court judge and an order of the juvenile court in such adoption proceeding has the force and effect of a county court order. The testimony in an adoption proceeding heard before a juvenile court judge shall be preserved as in any other juvenile court proceeding.
(3) This section does not apply to the extent otherwise provided for in the Nebraska Indian Child Welfare Act.
Notes of Decisions
In re Adoption of Chase T., 888 N.W.2d 507 (Neb. 2016).
· cites it 7× “The requirement of Neb. Rev. Stat. § 43-102 (Reissue 2016) that necessary consents must be on file “prior to the hearing” is designed to ensure that before the county court entertains a decision on the merits in an adoption proceeding, all those required to consent to the…”
In Re Adoption of Kassandra B., 540 N.W.2d 554 (Neb. 1995).
· cites it 24× “As required by Neb.Rev.Stat. § 43-102 (Reissue 1988), the Savages attached to the petition consents from K.”
Jesse B. v. Tylee H., 883 N.W.2d 1 (Neb. 2016).
· cites it 2× “It reasoned that under Neb. Rev. Stat. § 43-102 (Reissue 2008), a county court has juris- diction over adoption proceedings, and that the county court had already found that Jesse was not Jaelyn’s biological father.”
In re Adoption of Jaelyn B., 293 Neb. 917 (Neb. 2016).
· cites it 2× “It is true that under Neb. Rev. Stat. § 43-102 (Reissue 2008), a county court or juvenile court will ordinarily have jurisdiction over an adoption proceeding.”
In Re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002).
· cites it 4× “Neb.Rev.Stat. § 43-102 (Cum.Supp. 2000) provides, in relevant part, that "any person or persons desiring to adopt a minor child or an adult child shall file a petition for adoption signed and sworn to by the person or persons desiring to adopt.”
In Re Adoption of Kenten H., 725 N.W.2d 548 (Neb. 2007).
· cites it 2× “The petition was filed in the county court for Lancaster County and transferred to the separate juvenile court, which had concurrent jurisdiction pursuant to Neb. Rev. Stat. § 43-102 (Reissue 2004) by virtue of its prior adjudication.”
Shoecraft v. Catholic Soc. Servs. Bureau, Inc., 385 N.W.2d 448 (Neb. 1986).
· cites it 4× “04 provides: If a notice of paternity is not filed within five days, the mother of a child born out of wedlock or an agent specifically designated in writing by the mother may request, and the Department of Social Services shall supply, a certificate that no notice of intent to…”
In Re Adoption of Corbin J., 775 N.W.2d 404 (Neb. 2009).
· cites it 2× “The filing of such certificate pursuant to section 43-102 shall eliminate the need or necessity of a consent or relinquishment for adoption by the putative father of such child.”
Friehe v. Schaad, 545 N.W.2d 740 (Neb. 1996).
· cites it 2× “04 provides: If a notice of paternity is not filed within five days, the mother of a child born out of wedlock or an agent specifically designated in writing by the mother may request, and the Department of Social Services shall supply, a certificate that no notice of intent to…”
In Re McCauley's Adoption, 131 N.W.2d 174 (Neb. 1964).
· cites it 2× “The court said: “The effect of the foregoing provision is to provide that complete abandonment of a child for a period of six- months by the parents will warrant the adoption of such child by a person who has had the lawful custody or control of it for a like period of time…”
Appeal of Ritchie, 53 N.W.2d 753 (Neb. 1952).
· cites it 2× “” Section 43-102, R. S. 1943, provides that “Any person or persons, desiring to adopt a minor ■child, shall file in the county court * * * a petition for adoption * * *.”
In Re Adoption of Trystyn D., 611 N.W.2d 112 (Neb. 2000).
· cites it 2× “Neb. Rev. Stat. § 43-102 (Reissue 1998) provides that the county court in the county where the person or persons desiring to adopt a child reside has jurisdiction of an adoption proceeding.”
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