Nebraska Revised Statutes
Neb. Rev. Stat. § 43-108 (2026)
Personal appearance of parties; exceptions
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) The minor child to be adopted, unless such child is over fourteen years of age, and the person or persons desiring to adopt the child must appear in person before the judge at the time of hearing, except that when the petitioners are married and one of them is present in court, the court, in its discretion, may accept the affidavit of an absent spouse who is in the armed forces of the United States and it appears to the court the absent spouse will not be able to be present in court for more than a year because of his or her military assignment, which affidavit sets forth that the absent spouse favors the adoption.
(2) This section does not apply to the extent otherwise provided for in the Nebraska Indian Child Welfare Act.
Notes of Decisions
Cited in 2
cases, 2018–2018 · leading case: Linda H. v. Tyler R. (In Re Micah H.), 918 N.W.2d 834 (Neb. 2018).
Linda H. v. Tyler R. (In Re Micah H.), 918 N.W.2d 834 (Neb. 2018). “And § 43-108 holds that "[t]he minor child to be adopted, unless such child is over fourteen years of age, and the person or persons desiring to adopt the child must appear in person before the judge at the time of hearing.”
In re Adoption of Micah H., 301 Neb. 437 (Neb. 2018). “And § 43-108 holds that “[t]he minor child to be adopted, unless such child is over fourteen years of age, and the person or persons desiring to adopt the child must appear in person before the judge at the time of hearing . . . .” (Emphasis supplied.”
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