Adoption Procedures

Below is a summary of the adoption procedures in Nebraska. This summary doesn’t include every step that must be completed, as adoptions can be very complicated, but it provides a general description of the process. For further information, contact adoption attorneys at Stephanie Flynn Law.  

Home Study

Home studies are required in most adoptions and they typically must occur prior to a child being placed with the prospective adoptive parents. A home study is essentially a through background check, but it also includes home visits. A home study must be completed by an agency licensed to conduct home studies. The home study will provide the court with significant background information on the prospective adoptive parents to help the court determine whether the adoption is in the child’s best interests.

Filing a Petition

In order for an adoption to be granted, the child must have resided with the adoptive parent(s) for at least six months prior to the court granting the adoption. The adoptive parent(s) must file Petition for Adoption with Court asking the Court to grant the adoption.

Consent

The biological parents will need to consent to the adoption or the Court will have to find that the biological parents’ consent is not needed. There are a number of reasons why consent may not be needed. These reasons are specific to each unique situation. And the filings necessary to find that consent of a biological parent is not necessary vary greatly depending on the circumstances of the case. In some case a parent’s rights will already have been terminated by a court. In these circumstances, the consent of the biological parents is not necessary.

A court with jurisdiction over a child must also consent to the adoption. This occurs most often when there is a paternity or custody order in place with a district court. The process of obtaining the district court’s consent is usually fairly simple, but it is a necessary step for the adoption to be granted.

Children who are age fourteen (14) years or older must also consent to the adoption. If the minor child, who is at least 14 years of age, is not willing to consent to the adoption, then the court cannot grant the adoption.

In some cases it may be necessary to have a Guardian ad Litem (GAL) appointed to give alternate consent when a parent’s consent cannot be obtained. The GAL will be entitled to a fee for the services provided in granting the necessary consent.

Notice and Hearing

Notice must be given to all parties who have a legal interest in the case. If the biological parents are unwilling to consent to the adoption, or cannot be found, the Court must make a determination if the adoption can occur without the biological parents’ consent, as discussed above.

A hearing will be set for the court to review the Petition and other necessary filings to ensure that all procedures and statutes have been followed. Depending on the case, it may be necessary to have more than one hearing. If the court finds that everything is in order, the final adoption hearing can proceed. At the hearing the Petitioner(s) and minor child who is 14 years or older will testify regarding the adoption. After testimony, so long as there are no issues the paperwork, the court will grant the adoption and sign the Adoption Decree.

Once the Adoption Decree has been signed, the birth certificate can be changed to reflect the adoptive parent(s) name(s). The child’s name may also be changed on the birth certificate at the same time to the give the child the adoptive parent's surname.