Neb. Rev. Stat. » Chapter 43
Nebraska Revised Statutes

Neb. Rev. Stat. § 43-106.01 (2026)

Relinquishment; relief from parental duties; no impairment of right to inherit

✓ current as of July 2026
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When a child shall have been relinquished by written instrument, as provided by sections 43-104 and 43-106, to the Department of Health and Human Services or to a licensed child placement agency and the agency has, in writing, accepted full responsibility for the child, the person so relinquishing shall be relieved of all parental duties toward and all responsibilities for such child and have no rights over such child. Nothing contained in this section shall impair the right of such child to inherit.

Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1969–2026 · leading case: Maria T. v. Jeremy S., 300 Neb. 563 (Neb. 2018).
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Maria T. v. Jeremy S., 300 Neb. 563 (Neb. 2018). · cites it 6× “Neb. Rev. Stat. § 43-106.01 (Reissue 2016) provides: When a child shall have been relinquished by written instrument, as provided by sections 43-104 and 43-106, to [DHHS] or to a licensed child placement agency and the agency has, in writing, accepted full responsibility for the…”
In Re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002). · cites it 14× “The effect of a parental relinquishment is set forth in Neb.Rev.Stat. § 43-106.01 (Reissue 1998), which provides in relevant part: When a child shall have been relinquished by written instrument .”
Kellie v. Lutheran Fam. & Soc. Serv., Etc., 305 N.W.2d 874 (Neb. 1981). · cites it 10× “The critical section of the Nebraska adoption statutes involved here is Neb.Rev.Stat. § 43-106.01 (Reissue 1978).”
Jesse B. v. Tylee H., 883 N.W.2d 1 (Neb. 2016). · cites it 2× “We explained that under Neb. Rev. Stat. § 43-106.01 (Reissue 1988), a valid written relinquishment for an agency adoption cuts off the parent’s parental rights and duties upon the agency’s written acceptance of responsibility for the child.”
Gomez Ex Rel. Kassandra B. v. Savage, 580 N.W.2d 523 (Neb. 1998). · cites it 5× “to the Department of Social Services or to a licensed child placement agency and the agency has, in writing, accepted full responsibility for the child, the person so relinquishing shall be relieved of all parental duties toward and all responsibilities for such child and have…”
In re Est. of McCormick, 317 Neb. 960 (Neb. 2024). · cites it 6× “Neb. Rev. Stat. § 43-106.01 (Reissue 2016) relates to relinquishment of parental rights and provides in part, “Nothing contained in this section shall impair the right of such child to inherit.”
In re Interest of Nery v., 20 Neb. Ct. App. 798 (Neb. Ct. App. 2013). · cites it 10× “Pursuant to Neb. Rev. Stat. § 43-106.01 (Reissue 2008), the rights of the relinquishing parent are terminated when the Nebraska Department of Health and Human Services, or a licensed child placement agency, accepts responsibility for the child in writing.”
Yopp v. Batt, 467 N.W.2d 868 (Neb. 1991). · cites it 5× “Neb. Rev. Stat. § 43-106.01 (Reissue 1988) mandates that when a child is relinquished by written instrument to the Department of Social Services or to a licensed child placement agency and the agency has, in writing, accepted full responsibility for the child, the relinquishing…”
Brett M. Ex Rel. Nebraska Child.'s Home Soc'y v. Vesely, 757 N.W.2d 360 (Neb. 2008). · cites it 3× “In an agency adoption, under Neb.Rev.Stat. § 43-106.01 (Reissue 2004), the rights of a parent who has relinquished in writing his or her child are terminated when the agency accepts responsibility for the child in writing.”
In re Interest of Jordon B., 316 Neb. 974 (Neb. 2024). · cites it 2× “” Therein, the State alleged that Leah “knowingly, intelligently, and voluntarily relinquished [her] rights to [Jordon] in the presence of an attorney” and that the relinquishment was delivered to DHHS.”
Gray v. Maxwell, 293 N.W.2d 90 (Neb. 1980). · cites it 4× “In both cases, the mother was faced with Neb. Rev. Stat. § 43-106.01 (Reissue 1978), which provides that once a child has been relinquished in writing to the Department of Public Welfare or to a licensed child placement agency, and the latter has, in writing, accepted full…”
Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). · cites it 2× “Nebraska’s Foster Care Review Act defines “[fjoster care placements [as] all placements of juveniles as described in subdivision (3)(b) of section 43-247, placements of neglected, dependent, or delinquent children, including those made directly by parents or by third parties,…”
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