(1) If consent is not required of both parents of a child born in lawful wedlock if living, the surviving parent of a child born in lawful wedlock, or the mother or mother and father of a child born out of wedlock, because of the provisions of subdivision (1)(b) of section 43-104, substitute consents shall be filed as follows:
(a) Consent to the adoption of a minor child who has been committed to the Department of Health and Human Services may be given by the department or its duly authorized agent in accordance with section 43-906;
(b) When a parent has relinquished a minor child for adoption to any child placement agency licensed or approved by the department or its duly authorized agent, consent to the adoption of such child may be given by such agency; and
(c) When consent cannot be given as provided in section 43-104, consent shall be given by the guardian or guardian ad litem of such minor child appointed by a court, which consent shall be authorized by the court having jurisdiction of such guardian or guardian ad litem.
(2) Substitute consent provisions of this section do not apply to a biological father whose consent is not required under section 43-104.22 or subsection (5) or (6) of section 43-104.
Notes of Decisions
In Re Guardianship of Sain, 319 N.W.2d 100 (Neb. 1982).
· cites it 20× “I dissent from that part of the opinion of the court which holds that Neb.Rev.Stat. § 43-105 (Reissue 1978) requires the appointment of a guardian to give a substitute consent in this case.”
Bohaboj v. Rausch, 721 N.W.2d 655 (Neb. 2006).
· cites it 6× “24 or section 43-105 for purposes of adoption .”
In Re Adoption of Kassandra B., 540 N.W.2d 554 (Neb. 1995).
· cites it 10× “Neb.Rev.Stat. § 43-105 (Reissue 1993) states that when parental consent cannot be given as provided in § 43-104(3), substitute consent shall be given by the guardian or guardian ad litem of the child.”
Armour v. L.H., 608 N.W.2d 599 (Neb. 2000).
· cites it 2× “24 or section 43-105 for purposes of adoption..”
Chatterjee v. Chatterjee, 986 N.W.2d 283 (Neb. 2023).
· cites it 2× “25 or section 43-105 for purposes of adoption or (b) a county court or separate juvenile court has jurisdiction over the custody of the child or jurisdiction over an adoption matter with respect to such child pursuant to sections 43-101 to 43-116 or (2) the guardian or next…”
In Re Guardianship of TCW, 457 N.W.2d 282 (Neb. 1990).
· cites it 2× “and authorizing the guardian to sign a substitute consent for adoption pursuant to Neb.Rev.Stat. § 43-105 (Reissue 1988). The court found by clear and convincing evidence that D.”
Adoption of Kassandra B. v. MARTIN G., 524 N.W.2d 821 (Neb. Ct. App. 1994).
“The Supreme Court, recognizing that in 90 of the 93 counties in Nebraska the county court is already the juvenile court, found that “[t]he county court, having been granted exclusive original jurisdiction in all matters involving adoptions, is likewise the proper court to…”
Hester v. Young, 47 N.W.2d 515 (Neb. 1951).
“” §§ 43-105, 43-106, and 43-108, Comp. St. 1929.”
K.T. v. D.W., 457 N.W.2d 282 (Neb. 1990).
· cites it 2× “and authorizing the guardian to sign a substitute consent for adoption pursuant to Neb. Rev. Stat. § 43-105 (Reissue 1988). The court found by clear and convincing evidence that D.”
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