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

Neb. Rev. Stat. § 43-106 (2026)

Relinquishments and consents; signature; witnesses; acknowledgment

✓ current as of July 2026
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Relinquishments and consents required to be given under sections 43-104 and 43-105 must be acknowledged before an officer authorized to acknowledge deeds in this state and signed in the presence of at least one witness, in addition to the officer.

Notes of Decisions
Cited in 8 cases, 1964–2016 · leading case: In Re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002).
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In Re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002). · cites it 4× “The statutes permit adoption without a relinquishment of parental rights where the biological parent is a party to the adoption petition, so long as the biological parent consents to the adoption or a substitute for that consent is provided.”
In re Adoption of Chase T., 888 N.W.2d 507 (Neb. 2016). · cites it 2× “,11 we explained that the failure to file the consents required by § 43-104 is “a procedural defect that is jurisdictional in nature.”
In Re Adoption of Corbin J., 775 N.W.2d 404 (Neb. 2009). · cites it 2× “child, or the biological mother joins in a petition for adoption to be filed by her husband, the agency or attorney contacted shall attempt to establish the identity of the biological father and further attempt to inform the biological father of his right to execute a…”
Auman v. Toomey, 368 N.W.2d 459 (Neb. 1985). · cites it 4× “The petitioner claims only that the relinquishment was not voluntary due to *462 her mental incompetence at the time of signing and the impression she had that she had 2 weeks from the time of signing in which to change her mind.”
In Re McCauley's Adoption, 131 N.W.2d 174 (Neb. 1964). · cites it 2× “eed unless the petition therefor is accompanied by written consents thereto executed *767 by * * * (3) both parents, if living; * * * except that consent shall not be required of any parent who shall: (a) have relinquished the child for adoption by a written instrument; (b) have…”
Batt Ex Rel. Batt v. Nebraska Child.'s Home Soc'y, 174 N.W.2d 88 (Neb. 1970). · cites it 2× “The relinquishment involved in this case is regular on its face and recites that it is a voluntary relinquishment. The certificate of the notary public recites that the appellant acknowledged the execution of the relinquishment to be her voluntary act and deed.”
In Re Adoption of CLR, 352 N.W.2d 916 (Neb. 1984). · cites it 4× “" Neb.Rev.Stat. § 43-106 (Reissue 1978). For some unaccountable reason the original of a January 13, 1981, "Order for Court's Consent to Adoption," captioned "In the District Court for Colfax County, Nebraska," and signed by the district judge, was attached to and filed on…”
D.E.M. v. P.A.M., 352 N.W.2d 916 (Neb. 1984). · cites it 4× “” Neb. Rev. Stat. § 43-106 (Reissue 1978). For some unaccountable reason the original of a January 13, 1981, “Order for Court’s Consent to Adoption,” captioned “In the District Court for Colfax County, Nebraska,” and signed by the district judge, was attached to and filed on…”
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