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For purposes of sections to Agency shall mean a child placement agency licensed by the Department of Health and Human Services. Department shall mean the Department of Health and Human Services. Medical history shall mean medical history as defined by the department in its rules and regulations and shall include the race, ethnicity, nationality, Indian tribe when applicable and in compliance with the Nebraska Indian Child Welfare Act, or other cultural history of both biological parents, if available.

The form provided by section shall contain the following information:. You do not have to sign this form. If you do sign it, you are entitled to a copy of it. Your signature on this form allows the Department of Health and Human Services to give your name and other information to the adopted person designated, upon his or her written request after reaching twenty-five years of age.

You may file additional copies of this consent if your name or address changes. You may revoke this consent at any time by filing a revocation of consent with the Department of Health and Human Services. At any time after signing the consent form, a relative may revoke such consent form. A form for revocation of consent shall be provided by the department. The revocation shall be effective as of the time of filing the form with the department. The revocation form shall contain the following notice:.

Your signature on this form means that the Department of Health and Human Services will not disclose your name or address to any person without a court order. If you sign this form and later decide you do want your name and address given to a relative properly requesting the information, you may file another consent for that purpose. The forms provided by sections and shall be notarized and filed with the department which shall keep such forms with all other records of an individual adopted person.

A child placement agency shall maintain, and shall provide to the adopting parents upon placement of the person with such parents and to the adopted person upon his or her request, the available medical history of the person placed for adoption and of the biological parents. The medical history shall not include the names of the biological parents of the adopted person or the place of birth of the adopted person.

If at any time an individual licensed to practice medicine and surgery pursuant to the Medicine and Surgery Practice Act or licensed to engage in the practice of psychology pursuant to the Psychology Practice Act, through his or her professional relationship with an adopted person, determines that information contained on the original birth certificate of the adopted person may be necessary for the treatment of the health of the adopted person, whether physical or mental in nature, he or she may petition a court of competent jurisdiction for the release of the information contained on the original birth certificate, and the court may release the information on good cause shown.

Except as otherwise provided in the Nebraska Indian Child Welfare Act, an adopted person twenty-five years of age or older born in this state who desires access to the names of relatives or access to his or her original certificate of birth shall file a written request for such information with the department.

The department shall provide a form for making such a request. A biological parent or parents may at any time, if they desire, file a notice of nonconsent with the Department stating that at no time after his or her death and prior to the death of his or her spouse, if such spouse is not a biological parent, may any information on the adopted person's original birth certificate be released to such adopted person.

The provisions of this section shall not apply to persons subject to the Nebraska Indian Child Welfare Act. Your signature on this form means that the Department will not disclose any information contained on the birth certificate of the adopted person to any person following your death and prior to the death of your spouse, if such spouse is not a biological parent, without a court order.

If you later decide that you do not object to the release of such information you may file a form stating that purpose. At any time after signing the notice of nonconsent provided for in section , the parent or parents may revoke such notice.

A form of revocation shall be provided by the Department shall take effect at the time of filing of the form with the department. Your signature on this form means that the Department may disclose any information contained on the birth certificate of the adopted person following your death.

If you sign this form and later decide you do not want this information released following your death and prior to the death of your spouse, if such spouse is not a biological parent, you may file another form for that purpose. If the Department has information indicating that both biological parents of the adopted person are deceased, or if only one biological parent is known and information indicates that such parent is deceased, and no nonconsent form, as provided in section or , has been filed, all information on the adopted person's original birth certificate regarding such deceased parent or parents shall be released to the adopted person notwithstanding the fact that no consent form was signed and filed by such deceased parent or parents prior to death.

If a consent form has been signed and filed by both biological parents or by the biological mother of a child born out of wedlock, and no nonconsent form, as provided in section , has been filed, a copy of the adopted person's original birth certificate shall be provided to the adopted person.

If an adopted person twenty-five years of age or older, after following the procedures set forth in sections and is not able to obtain information about such person's relatives, such person may then contact the child placement agency which handled the adoption if the name of the agency has been given to the adopted person by the Department.

If it is not feasible for the adopted person to contact the agency, such person may contact the Department. Section Department or agency; acquire information in court or department records; disclosure requirements. After being contacted by an adopted person, if no valid nonconsent form, as provided in section or , is on file, the Department or agency as the case may be shall apply to the clerk of the court which issued the adoption decree or the Department for any information in the records of the court or the Department regarding the adopted person or his or her relatives, including names, locations, and any birth, marriage, divorce, or death certificates.

Any information which is available shall be given only to the Department or agency. The Department or agency shall keep such information confidential and shall not disclose it either directly or indirectly to the adopted person.

When any information is provided to the Department or agency pursuant to section , the person providing the information shall record in the records of the adopted person the nature of the information disclosed, to whom the information was disclosed, and the date of the disclosure.

Section Department or agency; contact relative; limitations; reunion or release of information; when. The Department or agency may charge a reasonable fee in an amount established by the department or agency in rules and regulations to recover expenses in carrying out sections to The department or agency shall use the fees to defray costs incurred to carry out such sections.

The department or agency may waive the fee if the requesting party shows that the fee would work an undue financial hardship on the party. The Department or an agency which receives information as provided in section shall file a written report with the clerk of the court within nine months of receipt of the information.

The report shall indicate whether the relative has been located and whether a contact between the relative and the adopted person has been arranged or has occurred. If the relative has not been located, the report shall set forth the efforts made to identify and locate the relative.

For adoptions in which the relinquishment or consent for adoption was given prior to July 20, An adoptive parent or parents may at any time, if they desire, file a notice of nonconsent with the Department and Support stating that at no time prior to his or her death or the death of both parents if each signed the form may any information on the adopted person's original birth certificate be released to such adopted person.

Your signature on this form means that the Department of Health and Human Services Finance and Support will not disclose any information contained on the birth certificate of the adopted person to any person prior to your death and the death of your spouse, if he or she signed the form, without a court order.

At any time after signing the notice of nonconsent provided for in section , the adoptive parent or parents may revoke such notice. A form of revocation shall be provided by the Department , and shall take effect at the time of filing of the form with the Department. Your signature on this form means that the Department may disclose any information contained on the birth certificate of the adopted person pursuant to sections , to , , If you sign this form and later decide you do not want this information released prior to your death you may file another form for that purpose.

The forms provided by sections , , , and shall be notarized and filed with the Department which shall keep such forms with all other records of an individual adopted person.

Sections to , to , A child placement agency, the Department of Health and Human Services, or a private agency handling the adoption, as the case may be, shall maintain and shall provide to the adopting parents upon placement of the person with such parents and to the adopted person, upon his or her request, the available medical history of the person placed for adoption and of the biological parents.

The medical history shall not include the names of the biological parents of the adopted person or any other identifying information. If at any time an individual licensed to practice medicine and surgery pursuant to sections , to , An adopted person twenty-one years of age or older born in this state who desires access to the names of relatives or access to his or her original certificate of birth shall file a written request for such information with the Department.

The department shall provide a form for making such request. The medical history shall not include the names of the biological parents or relatives of the adopted person or any other identifying information. A biological parent may at any time file a notice of nonconsent with the Department stating that at no time prior to his or her death may any information on the adopted person's original birth certificate or any other identifying information, except medical histories as provided in section , be released to such adopted person.

Failure by a biological parent to sign the notice of nonconsent shall be deemed a notice of consent by such parent to release the adopted person's original birth certificate to such adopted person. The nonconsent form provided for in section Your signature on this form means that the Department will not disclose any information contained in the original birth certificate of the adopted person or any other identifying information to any person prior to your death without a court order.

If you later decide that you do not object to the release of such information, you may file a form stating that purpose.

At any time after signing the notice of nonconsent provided for in section A form of revocation shall be provided by the Department and shall take effect at the time of filing of the form with the department. Your signature on this form means that the Department may at any time disclose to the adopted person any information contained on the original birth certificate of the adopted person.

If the Department has verified information indicating that both biological parents of the adopted person are deceased or if only one biological parent is known and verified information indicates that such parent is deceased, all information on the adopted person's original birth certificate regarding such deceased parent or parents shall be released to the adopted person upon request.

The department shall establish a policy for verifying information about the death of the biological parent or parents. If an adopted person twenty-one years of age or older, after following the procedures set forth in sections After being contacted by an adopted person as provided in section If an unrevoked nonconsent form is not on file, the Department of Health and Human Services or agency, as the case may be, shall apply to the clerk of the court which issued the adoption decree or the Department for any information in the court or Department records regarding the adopted person or his or her relatives, including names, locations, and any birth, marriage, divorce, or death certificates.

Any information which is available shall be given by the court or Department only to the Department or agency. The Department or agency shall keep such information confidential. When any information is provided to the Department or agency pursuant to section The Department or agency may charge a reasonable fee in an amount established by the department or agency in rules and regulations to recover expenses in carrying out sections The department may adopt and promulgate rules and regulations to carry out sections The Department of Health and Human Services or an agency which receives information as provided in section The forms provided by sections The Department of Health and Human Services, the Department of Health and Human Services Regulation and Licensure, and the Department of Health and Human Services Finance and Support may charge a reasonable fee in an amount established by rules and regulations of each department to recover expenses incurred by the department in carrying out this section.

Such fee may be waived if the requesting party shows that the fee would work an undue financial hardship on the party. When any information is provided to an heir of an adopted person under this section, the disclosure of such information shall be recorded in the records of the adopted person, including the nature of the information disclosed, to whom the information was disclosed, and the date of the disclosure.

The department may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in sections to When entered into and for so long as it shall remain in force, such a compact shall have the force and effect of law.

A compact entered into pursuant to sections to may contain provisions in addition to those required pursuant to section , including:. Section Child with special needs; medical assistance identification; how obtained; payment; violations; penalty. In accordance with rules and regulations of the department, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.

All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the laws and procedures applicable thereto. Consistent with federal law, the department, in connection with the administration of sections to and any compact entered into pursuant to such sections, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of , Public Law , Titles IV e and XIX of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost.

The department shall apply for and administer all relevant federal aid in accordance with law. The Legislature finds that there are children in temporary foster care situations who would benefit from the stability of adoption.

It is the intent of the Legislature that such situations be accommodated through the use of adoptions involving exchange-of-information contracts between the department and the adoptive or biological parent or parents. The department may, when planning the placement of a child for adoption, determine whether the best interests of such child might be served by placing the child in an adoption involving exchange of information.

When the department determines that an adoption involving exchange of information would serve a child's best interests, it may enter into agreements with the child's proposed adoptive parent or parents for the exchange of information.

The nature of the information promised to be provided shall be specified in an exchange-of-information contract and may include, but shall not be limited to, letters by the adoptive parent or parents at specified intervals providing information regarding the child's development or photographs of the child at specified intervals. Any agreement shall provide that the biological parent or parents keep the department informed of any change in address or telephone number and may include provision for communication by the biological parent or parents indirectly through the department or directly to the adoptive parent or parents.

Nothing in sections to shall be interpreted to preclude or allow court-ordered parenting time, visitation, or other access with the child and the biological parent or parents. When, after placement of a child for adoption, it is determined by the department, in consultation with the adoptive parent or parents, that certain or all exchanges of information are no longer in the best interests of the child, the department may enter into an agreement with the biological parent or parents to alter the original contract made between the department and the biological parent or parents.

The existence of any agreement or agreements of the kind specified in section shall not operate to impair the validity of any relinquishment or any decree of adoption entered by a court of the State of Nebraska. The violation of the terms of any agreement or agreements of the kind specified in section shall not operate to impair the validity of any relinquishment or any decree of adoption entered by a court of competent jurisdiction.

The parties to an exchange-of-information contract shall have the authority to bring suit in a court of competent jurisdiction for the enforcement of any agreement entered into pursuant to section All client records from the Nebraska Industrial Home at Milford shall be maintained by the Department of Health and Human Services as confidential records but shall be accessible as provided by statute or by the rules and regulations of the department.

The prospective adoptive parent or parents and the birth parent or parents of a prospective adoptee may enter into an agreement regarding communication or contact after the adoption between or among the prospective adoptee and his or her birth parent or parents if the prospective adoptee is in the custody of the Department of Health and Human Services.

Any such agreement shall not be enforceable unless approved by the court pursuant to section The court may enter an order approving the agreement upon motion of one of the prospective adoptee's birth parents or one of the prospective adoptive parents if the terms of the agreement are approved in writing by the prospective adoptive parent or parents and the birth parent or parents and if the court finds, after consideration of the recommendations of the guardian ad litem and the Department of Health and Human Services and other factors, that such communication with the birth parent or parents and the maintenance of birth family history would be in the best interests of the prospective adoptee.

Whether the prospective adoptee and birth parent or parents lived together for a substantial period of time; the prospective adoptee exhibits attachment or bonding to such birth parent or parents; and the adoption is a foster-parent adoption with the birth parent or parents having relinquished the prospective adoptee due to an inability to provide him or her with adequate parenting.

Failure to comply with the terms of an order entered pursuant to section shall not be grounds for setting aside an adoption decree, for revocation of a written consent to adoption after the consent has been approved by the court, or for revocation of a relinquishment of parental rights after the relinquishment has been accepted in writing by the Department of Health and Human Services as provided in section An order entered pursuant to section may be enforced by a civil action, and the prevailing party may be awarded, as part of the costs of the action, reasonable attorney's fees.

The court shall not modify an order issued under such section unless it finds that the modification is necessary to serve the best interests of the adoptee and 1 that the modification is agreed to by the adoptive parent or parents and the birth parent or parents or 2 exceptional circumstances have arisen since the order was entered that justify modification of the order. Would you like to adopt a child?

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Section Children eligible for adoption. Section Petition; hearing; notice. Section Adoption; consent required; exceptions. The putative father provisions of this section do not apply to a previously adjudicated father. It is clear that the district court is not to consider the issue of abandonment; the question of whether the parent did in fact abandon the child, for purposes of adoption, is exclusively for the county court.

The critical period of time during which abandonment must be shown to eliminate the necessity for obtaining consent to adoption from a parent under this section is the 6 months immediately preceding the filing of the petition for adoption. In re Guardianship of T. The consent granted by the district court pursuant to the provisions of this section does nothing more than permit the county court, as the tribunal having exclusive original jurisdiction over adoption matters, to entertain such proceedings.

Abandonment for purposes of permitting substitute consent for adoption must be proved by clear and convincing evidence. Although the critical period of time during which abandonment must be shown to eliminate the necessity of obtaining consent pursuant to this section is the six months immediately preceding the filing for adoption, evidence of a parent's conduct either before or after this period may be considered as relevant to a determination of whether the purpose and intent of that parent was to abandon the child or children.

To prove abandonment in adoption proceedings, the evidence must clearly and convincingly show that the parent has acted toward the child in a manner evidencing a settled purpose to be rid of all parental obligations and to forego all parental rights, together with a complete repudiation of parenthood and an abandonment of parental rights and responsibilities.

Where there has been a protracted period of totally unjustified failure to exercise parental functions, an isolated contact does not necessarily negate the inference that a person no longer wishes to act in the role of a parent to a child. In re Adoption of Simonton, Neb. The signing of a consent to adoption does not, in itself, release the consenting parent from an obligation to support the child and the court's earlier opinion in Smith v.

Consent for relinquishment executed by seventeen year old mother of child born out of wedlock is valid. Nebraska Children's Home Society, Neb. Adoption is permitted where parents have been deprived of custody of minor child by order of juvenile court. This section requires a "claimant-father" to petition the county court where the child was born to adjudicate his claim of paternity and right to custody within 30 days of filing notice under section Although under this section a father who fails to petition for an adjudication of paternity in county court within 30 days after filing his notice of intent to claim paternity would be precluded from claiming paternity in an adoption proceeding, such father would not be precluded from seeking to establish paternity under the paternity statutes in district court where there is no consent or relinquishment by the mother and no adoption proceeding is pending.

The day filing requirement of this section does not facially violate substantive due process. A petition to adjudicate paternity filed pursuant to this section is a matter of adoption over which the district courts have no subject matter jurisdiction. Acknowledgment held valid, no particular form of acknowledgment being specified. Consent to adoption must be witnessed and acknowledged. A court cannot accept a voluntary relinquishment of a child prior to an adjudication and an adoption of a permanency plan.

In re Interest of Cornelius K. A juvenile court may order the Department of Health and Human Services to accept a voluntary relinquishment of parental rights when a child has been adjudicated and adoption is the permanency objective. In re Interest of Gabriela H. The statute requires both a written relinquishment and a written acceptance. Relinquishment of a child may be effectively revoked within a reasonable time after its execution before the child placement agency has, in writing, accepted full responsibility for the child.

A voluntary relinquishment in accordance herewith, and accepted, is not revocable. United Catholic Social Services, Neb. Child which received inheritance from adoptive parents may also receive inheritance from natural parents. The issue of the children's best interests in the context of adoption is within the dominion of the county court. A decision as to whether or not to permit adoption is required to be based on the best interests of the child.

Nebraska Children's Home Soc. Child must reside with adoptive parents at least six months preceding the rendition of decree. Decree of adoption should be granted only if it will be for best interests of child. Safe and loving home. We Care About Children. The affidavit shall be in substantially the following form: The name of the biological father is His last-known home address is His last-known work address is For other possible biological fathers, please use additional sheets of paper as needed.

I do not wish or I am unable to name the biological father of the child for the following reasons: Conception of my child occurred as a result of sexual assault or incest Providing notice to the biological father of my child would threaten my safety or the safety of my child In order to attempt to inform the biological father or possible biological fathers of the right to execute a relinquishment and consent to adoption or a denial of paternity and waiver of rights, the agency or attorney representing the biological mother shall notify, by registered or certified mail, restricted delivery, return receipt requested: The publication shall include: The guardian ad litem for the biological father shall: The court shall determine that the biological father's consent is not required for a valid adoption of the child upon a finding of one or more of the following: With respect to any person who has been adjudicated by a Nebraska court of competent jurisdiction to be the biological father of a child born out of wedlock who is the subject of a proposed adoption: Section Substitute consents.

Section Consents; signature; witnesses; acknowledgment; certified copy of orders. Annotations Acknowledgment held valid, no particular form of acknowledgment being specified.

Annotations A court cannot accept a voluntary relinquishment of a child prior to an adjudication and an adoption of a permanency plan. Section Personal appearance of parties; exceptions. Section Decree; conditions; content. Annotations The issue of the children's best interests in the context of adoption is within the dominion of the county court.

Section Decree; effect as between parties. Section Decree; effect as to natural parents. Section Decree; appeal. Section Adoption records; access; retention. No person shall have access to such records except that: Section Prior adoptions. Section Validity of decrees. Section Adoptive parents; assistance; medical assessment of child. Section Assistance; conditions.

Section Definitions, where found. Laws , LB , s. Section Agency, defined. Section Relative, defined. Relative shall mean the biological parents or biological siblings of an adopted person. Department; provide relative consent form. The department shall provide a form which may be signed by a relative indicating the fact that such relative consents to his or her name being released to such relative's adopted person as provided by sections , to Such consent shall be effective as of the time of filing the form with the department.

Section Relative; consent form. The form provided by section shall contain the following information: Relative; revocation of consent; form. The revocation form shall contain the following notice: Section Relative; consent and revocation forms; notarized; filing.

Section Medical history; access; contents. Original birth certificate; access by medical professionals; when. Section Adopted person; request for information; form. Section Release of information; procedure. Section Biological parent; notice of nonconsent; filing. Section Biological parent; nonconsent form. The nonconsent form provided for in section shall contain the following information: Section Biological parent; revocation of nonconsent; form.

Section Biological parent; deceased; release of information. Section Release of original birth certificate; when. Section Adopted person; contact child placement agency or department; when.

Section Court or department records provided; record required. Section Department or agency; fees; rules and regulations. The department may adopt and promulgate rules and regulations to carry out such sections. Section Department or agency; file report with clerk.

Section Adoptive parent; notice of nonconsent; filing. Section Adoptive parent; nonconsent form. Section Adoptive parent; revocation of nonconsent; form.

Section Forms; notarized; filing. Adopted person; contact child placement agency or department; when. Court or department records provided; record required. Heir of adopted person; access to information; when; fee. Section Legislative findings. The Legislature finds that: Section Purposes of sections. The purposes of sections to are to: Section Terms, defined. As used in sections to , unless the context otherwise requires: Section Interstate compact; department; powers; effect.

Section Interstate compact; requirements.

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