Types of Adoption
There are various types of adoption. Below is a general description of each.
Step-Parent Adoption
A step-parent adoption is an adoption completed by a biological parent and their spouse. A home study is not required for a step-parent adoption, however, the step-parent seeking to adopt must have a criminal background check and a search of the Nebraska Central Registry for Adult Abuse and Child Abuse. While a home study is not required by statute, the court can order a home study to be completed if there are any concerns.
Once the step-parent adoption is final, the step-parent will have all the legal rights and responsibilities of a biological parent. This means that if the biological parent later dies, or the parties later divorce, the adoptive parent will remain legally responsible for the child.
Adult Adoption
An adult adoption is an adoption of an individual who has reached the age of majority, or legal age, which is nineteen (19) years of age in Nebraska. Some people believe that adult adoptions cannot occur in Nebraska, however, this is inaccurate. While adult adoptions are not very common in Nebraska, they can occur so long as the appropriate requirements have been met.
Adult adoptions most often occur in a step-parent adoption procedure. However, Nebraska also allows for an adult adoption if the adult and child have had a parent-child relationship for a period of at least six (6) months prior to the child reaching the age of majority. However, there are additional requirements that must be met. One of the following additional requirements must be met in order for a non-step parent to adopt and adult child:
the child must have no living parents; or
the adult child's parent or parents had been deprived of parental rights to such child by the order of any court of competent jurisdiction; or
the parent or parents, if living, have relinquished the adult child for adoption; or
the parent or parents had abandoned the child for at least six months next preceding the adult child's age of majority; or
the parent or parents are incapable of consenting.
While it may seem odd to adopt and adult, there are a number of reasons why this might occur. Some people want to formalize the parent child relationship that they have with an adult. In other circumstances there may be a desire to ensure an adult whom someone has a parent child relationship with is subjective to receipt of an inheritance (although, this can also be effectuated via an appropriately drafted Will. If you need more information on drafting a Will, please take a look at our Estate Planning and Last Will and Testament pages.)
Private v. Foster Adoption
A private adoption is one in which a child is not a ward of the state. An adoption agency may be used in a private adoption, but s not required if an adult parent has identified a child whom they would like to adopt and the adoptive parent is willing to consent to the adoption. In these situations, the biological parents relinquish their parental rights to the adoptive parents. In a private adoption, biological and adoptive parents are often brought together through mutual acquaintances, but may be identified via an adoption agency. Private adoptions are often handled by adoption attorneys without an adoption agencies involvement, outside of the home study process.
A foster adoption is one in which the child is a ward of the state due to the rights of the biological parents being terminated. This often occurs when biological parents are unable to provide for a child. Children placed with the state are of all ages and are living in various foster care homes and group homes. Although, many foster children who are adopted are five (5) years of age or older. There are many older children and teenagers in the foster care system who are looking for a forever home. Typically adoptions of children who are state wards occur after the family has foster the child for a period of time. Therefore, it is often necessary to become a foster parent prior to adoption a state ward, although, this is not always required.
Open v. Closed Adoption
In an open adoption the lines of communication between the adoptive child, the adoptive parent(s), and the birth parent(s) remain open. The types of communication that may take place could include sending letters or emails, phone calls, sending pictures, or spending time with one another. An open adoption is not a co-parenting situation. The adoptive parents are the legal parents of the child, as the biological parents have relinquished their rights over the child. However, there can be a legally binding agreement entered into between the adoptive parent(s) and the biological parent(s) with regards to contact and visitation.
A closed adoption is one in which there is no interaction between the biological and adoptive parents. Sometimes this occurs because the adoptive parents are not willing to allow contact between the biological parent(s) and the adoptive child. In other circumstances the biological parent does not want their biological child to have information regarding them given that the adoption is taken place. In those situations, under Nebraska law, a biological parent can sign a non-consent form stating that they do not want any information contained on the original birth certificate released prior to their death.
If you are interested in pursing an adoption, or have more questions, contact adoption attorneys at Stephanie Flynn Law or call (402) 325-8469 to further discuss an adoption.