This briefing reviews state laws regarding parties to an adoption. General information dealing with who may adopt, who may be adopted, and who may place a child for adoption is identified. In order for an adoption to take place, a person available to be adopted must be placed in the home of a person or persons eligible to adopt. All states, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands have laws that specify which persons are eligible as adopting parents and which persons can be adopted.
Nebraska Adoption Laws: Who May Adopt, Be Adopted, or Place a Child for Adoption? In Nebraska, adoption laws govern the process of legally establishing a parent-child relationship between individuals who are not biologically related. Adoption provides the opportunity for prospective parents to create or expand their families, while also giving children a loving and stable home. Understanding the criteria for who may adopt, be adopted, or place a child for adoption in Nebraska is essential for those involved in the adoption process. Who May Adopt? In Nebraska, the requirements for prospective adoptive parents are set forth by the Nebraska Department of Health and Human Services. While adoption is accessible to a wide range of individuals, it is crucial to meet certain criteria to ensure the well-being of the child. The following individuals may be eligible to adopt in Nebraska: 1. Married Couples: Married couples, regardless of their sexual orientation, can pursue adoption as long as they meet the necessary guidelines. Both spouses must be involved in the adoption process unless they are legally separated or meet other specific conditions. 2. Single Individuals: Individual adults, whether they are single, divorced, or widowed, can also adopt in Nebraska. The individual's ability to provide a stable and nurturing environment will be closely evaluated in the adoption assessment process. 3. Same-Sex Couples: Nebraska acknowledges the right of same-sex couples to adopt, emphasizing the importance of providing a loving and supportive home. Adoption agencies and courts cannot discriminate against prospective adoptive parents based on their sexual orientation. 4. Step-Parents: Step-parent adoption allows a step-parent to adopt their spouse's child from a previous relationship. The biological parent's consent is generally required for this type of adoption, and it can establish full legal rights and responsibilities for the step-parent. Who May Be Adopted? Nebraska's adoption laws prioritize the best interests of the child, ensuring their well-being and safety. To be eligible for adoption, a child must meet certain criteria: 1. Minors: Children under the age of 19 who are currently in the custody of the Nebraska child welfare system or whose birth parents have legally terminated their parental rights may be adopted. 2. Consent of Birth Parents: In most cases, the birth parents must consent to the adoption, except in specific circumstances where parental rights have been terminated due to neglect, abandonment, or abuse. Who May Place a Child for Adoption? Different circumstances can lead to a child being placed for adoption in Nebraska: 1. Birth Parents: Birth parents who are unable or unwilling to provide the necessary care for their child have the option to voluntarily place their child for adoption. This decision should be made after careful consideration and counseling, ensuring the child's future is in a stable and supportive environment. 2. Child Welfare System: In cases where the Nebraska child welfare system determines that a child's safety and well-being are at risk due to parental neglect, abuse, or abandonment, they may initiate the process of placing the child for adoption. Conclusion: Nebraska's adoption laws aim to prioritize the best interests of the child while considering a wide range of potential adoptive parents. Whether it be married couples, single individuals, same-sex couples, step-parents, or birth parents, the state of Nebraska provides opportunities for all who meet the criteria to participate in the adoption process and create positive and loving relationships for children in need.
