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Child Adoption Laws
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Part 2 (Below) Part 1 (Click Here)
Section 43-110 After a decree of adoption is entered, the usual relation of parent and child and all the rights, duties and other legal consequences of the natural relation of child and parent shall thereafter exist between such adopted child and the person or persons adopting such child and his, her or their kindred. Source: Under the provisions of this section an adopted child, in the absence of specific testamentary directions to the contrary, inherits from the antecedents of an adoptive parent to the same extent as do the adoptive parent's natural children. In re Trust Estate of Darling, 219 Neb. 705, 365 N.W.2d 821 (1985). Habeas corpus petition of natural parents for children who had been in adoptive home over five years was properly dismissed. Syrovatka ex rel. Syrovatka v. Graham, 190 Neb. 355, 208 N.W.2d 281 (1973). The next of kin of adoptive parents have the same right to inherit property from an adoptive child as from a natural child of the adoptive parents. Neil v. Masterson, 187 Neb. 364, 191 N.W.2d 448 (1971).
Section 43-111 Except as provided in section 43-106.01 and the Nebraska Indian Child Welfare Act, after a decree of adoption has been entered, the natural parents of the adopted child shall be relieved of all parental duties toward and all responsibilities for such child and have no rights over such adopted child or to his or her property by descent and distribution. Source: Annotations: In a private adoption situation, the relinquishing parent's rights are not totally extinguished until the child has been formally adopted. Yopp v. Batt, 237 Neb. 779, 467 N.W.2d 868 (1991). In a private placement, where relinquishment was not voluntary and the natural mother attempted to revoke the relinquishment within hours, the adoptive parents have no standing to contest the custody of the child. Gray v. Maxwell, 206 Neb. 385, 293 N.W.2d 90 (1980). The legislative intent as to the finality of a child relinquishment is not the same in the case of a private placement, governed by section 43-111, R.R.S.1943, as it is in an agency placement, governed by section 43-106.01, R.R.S.1943. Gray v. Maxwell, 206 Neb. 385, 293 N.W.2d 90 (1980). This section does not prohibit an adopted child from inheriting from its natural parents. Wulf v. Ibsen, 184 Neb. 314, 167 N.W.2d 181 (1969).
Section 43-111.01 Except as otherwise provided in the Nebraska Indian Child Welfare Act, if, upon a hearing, the court shall deny a petition for adoption, the court may take custody of the child involved and determine whether or not it is in the best interests of the child to remain in the custody of the proposed adopting parents. The court may also, on its own motion, appoint a legal guardian over the person and property of such minor and make disposition in the best interests of the child without further notice, relinquishments, or consents as may otherwise be required by sections 43-102 to 43-112. Source: Annotations:
Section 43-112 An appeal shall be allowed from any final order, judgment, or decree, rendered under the authority of sections 43-101 to 43-115, from the county court to the Court of Appeals in the same manner as an appeal from district court to the Court of Appeals. An appeal may be taken by any party and may also be taken by any person against whom the final judgment or final order may be made or who may be affected thereby. The judgment of the Court of Appeals shall not vacate the judgment of the county court. The judgment of the Court of Appeals shall be certified without cost to the county court for further proceedings consistent with the determination of the Court of Appeals. Source: Section 43-113 Except as otherwise provided in the Nebraska Indian Child Welfare Act, court adoption records may not be inspected by the public and shall be permanently retained on microfilm or in their original form in accordance with the Records Management Act. No person shall have access to such records except that: (1) Access shall be provided on the order of the judge of the court in which the decree of adoption was entered on good cause shown or as provided in sections 43-138 to 43-140 or 43-146.11 to 43-146.13; or (2) The clerk of the court shall provide three certified copies of the decree of adoption to the parents who have adopted a child born in a foreign country and not then a citizen of the United States within three days after the decree of adoption is entered. A court order is not necessary to obtain these copies. Certified copies shall only be provided upon payment of applicable fees. Source: Section 43-114 Section 43-115 No adoption heretofore lawfully made shall be affected by the enactment of sections 43-101 to 43-115, but such adoptions shall continue in effect and operation according to the terms thereof. Source: Section 43-116 When any court in the State of Nebraska shall (1) have entered of record a decree of adoption prior to August 27, 1949, it shall be conclusively presumed that such adoption and all instruments and proceedings in connection therewith are valid in all respects notwithstanding some defect or defects may appear on the face of the record, or the absence of any record of such court, unless an action shall be brought within two years from August 27, 1949, attacking its validity, or (2) hereafter enter of record such a decree of adoption, it shall in like manner be conclusively presumed that the adoption and all instruments and proceedings in connection therewith are valid in all respects notwithstanding some defect or defects may appear on the face of the record, or the absence of any record of such court, unless an action is brought within two years from the entry of such decree of adoption attacking its validity. Source: All instruments and proceedings connected with adoption are conclusively presumed valid unless decree is attacked within two years. Syrovatka ex rel. Syrovatka v. Graham, 190 Neb. 355, 208 N.W.2d 281 (1973). After two years from entry of decree of adoption, there is conclusive presumption of validity of decree of adoption. Hiatt v. Menendez, 157 Neb. 914, 62 N.W.2d 123 (1954). Natural parents are barred from collaterally challenging the adoption of their natural children once the statutory period of two years had passed for a direct appeal of the adoption order. Syrovatka v. Erlich, 608 F.2d 307 (8th Cir. 1979).
Section 43-117 (1) The Department of Health and Human Services may make payments as needed in behalf of a ward of the department with special needs after the legal completion of his or her adoption. Such payments to adoptive parents may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. Payments for maintenance and medical care shall terminate on or before the child's twentieth birthday. (2) The Department of Health and Human Services shall pay the treatment costs for the care of an adopted minor child which are the result of an illness or condition if within three years after the decree of adoption is entered the child is diagnosed as having a physical or mental illness or condition which predates the adoption and the child was adopted through the department, the department did not inform the adopting parents of such condition prior to the adoption, and the condition is of such nature as to require medical, psychological, or psychiatric treatment and is more extensive than ordinary childhood illness. (3) The Department of Health and Human Services shall conduct a medical assessment of the mental and physical needs of any child to be adopted through the department. Source: Section 43-117.01 The Department of Health and Human Services may make payments as needed on behalf of a ward of a child placement agency with special needs after the legal completion of the child's adoption as authorized by the federal adoption assistance program, 42 U.S.C. 673. Such payments to adoptive parents may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. Payments for maintenance and medical care shall terminate on or before the child's nineteenth birthday. Source: Section 43-118 All actions of the Department of Health and Human Services under the programs authorized by sections 43-117 to 43-117.02 shall be subject to the following criteria: (1) The child so adopted shall have been a child for whom adoption would not have been possible without the financial aid provided for by sections 43-117 to 43-117.02; and (2) The Director of Health and Human Services shall adopt and promulgate rules and regulations for the administration of sections 43-117 to 43-118. Source: Section 43-118.01 (1) For adoptions decreed on or after January 1, 2000, and on or before October 1, 2002, every individual or couple that adopts a ward of the State of Nebraska shall be entitled to a payment of one thousand dollars for the year of adoption and for up to four succeeding years. Payments shall be made after approval of an application submitted by the adoptive parent or parents to the Department of Health and Human Services. The application shall be on a form prescribed by the department. An application shall be submitted during January of the year following the year for which the payment is sought. An applicant shall be eligible for payment for the year of adoption and for the earliest of four subsequent years or until the adopted child reaches the age of majority, is emancipated, or is no longer living in the home of the adoptive parent or parents. To be eligible for payment in the years subsequent to the adoption, the requirements of this section must be met for the entire year. (2) The department shall review all applications for eligibility for payment. The department shall approve or deny payment within thirty days after receipt of the application. If approved, the department shall certify the necessary information to the Director of Administrative Services for the issuance of a warrant. Warrants shall be issued within thirty days after certification. Any person aggrieved by a decision of the department may appeal. The appeal shall be in accordance with the Administrative Procedure Act. (3) The department shall adopt and promulgate rules and regulations to carry out this section. Source: Section 43-119 For purposes of sections 43-119 to 43-146.16, unless the context otherwise requires, the definitions found in sections 43-121 to 43-123.01 shall be used. Source: Section 43-120 Section 43-121 Agency shall mean a child placement agency licensed by the Department of Health and Human Services. Source: Section 43-122 Section 43-123 Relative shall mean the biological parents or biological siblings of an adopted person. Source: Section 43-123.01 Medical history shall mean medical history as defined by the Department of Health and Human Services Finance and Support in its rules and regulations. Source: Section 43-124 The Department of Health and Human Services Finance and Support 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 43-113, 43-119 to 43-146, 71-626, 71-626.01, and 71-627.02. Such consent shall be effective as of the time of filing the form with the Department of Health and Human Services Finance and Support. Source: Section 43-125 The form provided by section 43-124 shall contain the following information: (1) The name of the person completing the form and, if different, the name of such person at the time of birth of the adopted person; (2) The relationship of the person to the adopted person; (3) The date of birth of the adopted person; (4) The sex of the adopted person; (5) The place of birth of the adopted person; (6) Authorization that the name, last-known address, and last-known telephone number of the relative and the original birth certificate of the adopted person may be released to the adopted person as provided by sections 43-113, 43-119 to 43-146, 71-626, 71-626.01, and 71-627.02; and (7) A notice in the following form: .CE IMPORTANT NOTICE 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 Finance and Support 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 Finance and Support. Source: Section 43-126 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 of Health and Human Services Finance and Support. The revocation shall be effective as of the time of filing the form with the Department of Health and Human Services Finance and Support. The revocation form shall contain the following notice: .ce IMPORTANT NOTICE 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 means that the Department of Health and Human Services Finance and Support 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. Source: Section 43-127 The forms provided by sections 43-124 and 43-126 shall be notarized and filed with the Department of Health and Human Services Finance and Support which shall keep such forms with all other records of an individual adopted person. Source: Section 43-128 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. Source: Section 43-130 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 of Health and Human Services Finance and Support. The department shall provide a form for making such a request. Source: Section 43-131 (1) Upon receipt of a request for information, the Department of Health and Human Services Finance and Support shall check the records of the adopted person making the request to determine whether the consent form provided by section 43-124 has been signed and filed by any relative of the adopted person and whether an unrevoked nonconsent form is on file from a biological parent or parents pursuant to section 43-132 or from an adoptive parent or parents pursuant to section 43-143. (2) If the consent form has been signed and filed and has not been revoked and if no nonconsent form has been filed by an adoptive parent or parents pursuant to section 43-143, the Department of Health and Human Services Finance and Support shall release the information on such form to the adopted person. (3) If no consent forms have been filed, or if the consent form has been revoked, and if no nonconsent form has been filed pursuant to section 43-143, the following information shall be released to the adopted person: (a) The name and address of the court which issued the adoption decree; (b) The name and address of the child placement agency, if any, involved in the adoption; and (c) The fact that an agency may assist the adopted person in searching for relatives as provided in sections 43-132 to 43-141. (4) The provisions of this section shall not apply to persons subject to the Nebraska Indian Child Welfare Act. Source: Section 43-132 A biological parent or parents may at any time, if they desire, file a notice of nonconsent with the Department of Health and Human Services Finance and Support 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. Source: Section 43-133 The nonconsent form provided for in section 43-132 shall contain the following information: (1) The name of the person completing the form and, if different, the name of such person at the time of birth of the adopted person; (2) The relationship of the person to the adopted person; (3) The date of birth of the adopted person; (4) The sex of the adopted person; (5) The place of birth of the adopted person; (6) A statement that no information concerning the information contained in the original birth certificate of the adopted person shall be released following the death of the parent or parents signing the form and such information shall not be released to the adopted person prior to the death of the spouse of such parent or parents, if such spouse is not a biological parent; and (7) A notice in the following form: .CE IMPORTANT NOTICE 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 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 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. Source: Section 43-134 At any time after signing the notice of nonconsent provided for in section 43-132, the parent or parents may revoke such notice. A form of revocation shall be provided by the Department of Health and Human Services Finance and Support, and shall take effect at the time of filing of the form with the department. The revocation form shall contain the following notice: .CE IMPORTANT NOTICE 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 means that the Department of Health and Human Services Finance and Support 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. Source: Section 43-135 If the Department of Health and Human Services Finance and Support 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 43-132 or 43-143, 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. Source: Section 43-136 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 43-143, has been filed, a copy of the adopted person's original birth certificate shall be provided to the adopted person. Source: Section 43-137 If an adopted person twenty-five years of age or older, after following the procedures set forth in sections 43-130 and 43-131 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 of Health and Human Services Finance and Support. If it is not feasible for the adopted person to contact the agency, such person may contact the Department of Health and Human Services. Source: Section 43-138 After being contacted by an adopted person, if no valid nonconsent form, as provided in section 43-132 or 43-143, is 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 of Health and Human Services Finance and Support for any information in the records of the court or the Department of Health and Human Services Finance and Support 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 of Health and Human Services or agency. The Department of Health and Human Services or agency shall keep such information confidential and shall not disclose it either directly or indirectly to the adopted person. The provisions of this section shall not apply to persons subject to the Nebraska Indian Child Welfare Act. Source: Section 43-139 When any information is provided to the Department of Health and Human Services or agency pursuant to section 43-138, 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. Source: Section 43-140 (1) Upon determining the identity and location of the relative being sought, the Department of Health and Human Services or agency shall attempt to contact the relative to determine such relative's willingness to be contacted by the adopted person. (2) In contacting the relative, the Department of Health and Human Services or agency shall not discuss or reveal in any other manner to any person other than that particular relative who is being sought the nature of the contact, the name, nature, or business of the adoption agency, or any other information which might indicate or imply that such relative is the biological parent of an adopted person. (3) In contacting the relative, the Department of Health and Human Services or agency shall not reveal the identity or any other information about the adopted person. (4) No reunion of a relative and an adopted person shall be arranged, nor shall any information about the relative be released to the adopted person until such relative has signed the consent form provided by section 43-124 and the form has been filed with the Department of Health and Human Services Finance and Support. Source: Section 43-141 The Department of Health and Human Services 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 43-137 to 43-140. 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 may adopt and promulgate rules and regulations to carry out such sections. Source: Section 43-142 The Department of Health and Human Services or an agency which receives information as provided in section 43-138 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. Source: Section 43-143 For adoptions in which the relinquishment or consent for adoption was given prior to July 20, 2002: An adoptive parent or parents may at any time, if they desire, file a notice of nonconsent with the Department of Health and Human Services Finance 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. The provisions of this section shall not apply to persons subject to the Nebraska Indian Child Welfare Act. Source: Section 43-144 The nonconsent form provided for in section 43-143 shall contain the following information: (1) The name of the person completing the form and, if different, the name of such person at the time of birth of the adopted person; (2) The relationship of the person to the adopted person; (3) The date of birth of the adopted person; (4) The sex of the adopted person; (5) The place of birth of the adopted person; (6) A statement that no information concerning the information contained in the original birth certificate of the adopted person shall be released prior to the death of the adoptive parent or parents signing the form; and (7) A notice in the following form: .ce IMPORTANT NOTICE 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 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. If you later decide that you do not object to the release of such information you may file a form stating that purpose. Source: Section 43-145 At any time after signing the notice of nonconsent provided for in section 43-143, the adoptive parent or parents may revoke such notice. A form of revocation shall be provided by the Department of Health and Human Services Finance and Support, and shall take effect at the time of filing of the form with the Department of Health and Human Services Finance and Support. The revocation form shall contain the following notice: .ce IMPORTANT NOTICE 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 means that the Department of Health and Human Services Finance and Support may disclose any information contained on the birth certificate of the adopted person pursuant to sections 43-113, 43-119 to 43-146, 71-626, 71-626.01, and 71-627.02. 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. Source: Section 43-146 The forms provided by sections 43-132, 43-134, 43-143, and 43-145 shall be notarized and filed with the Department of Health and Human Services Finance and Support which shall keep such forms with all other records of an individual adopted person. Source: Section 43-146.01 (1) Sections 43-106.02, 43-121, 43-123.01, and 43-146.02 to 43-146.16 shall provide the procedures for gaining access to information concerning an adopted person when a relinquishment or consent for an adoption is given on or after September 1, 1988. (2) Sections 43-119 to 43-142 shall remain in effect for a relinquishment or consent for an adoption which is given prior to September 1, 1988. (3) Except as otherwise provided in subsection (2) of section 43-107, subdivisions (1)(b) and (1)(c) of section 43-109, and subsection (4) of this section: Sections 43-101 to 43-118, 43-143 to 43-146, 43-146.17, 71-626, 71-626.01, and 71-627.02 shall apply to all adoptions. (4) Sections 43-143 to 43-146 shall not apply to adopted persons for whom a relinquishment or consent for adoption was given on and after July 20, 2002. Source: Section 43-146.02 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. Source: Section 43-146.03 If at any time an individual licensed to practice medicine and surgery pursuant to sections 71-1,102 to 71-1,107.14 or licensed to engage in the practice of psychology pursuant to sections 71-1,206.01 to 71-1,206.35, 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. Source: Section 43-146.04 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 of Health and Human Services Finance and Support. The department shall provide a form for making such request. Source: Section 43-146.05 (1) Upon receipt of a request for information made under section 43-146.04, the Department of Health and Human Services Finance and Support shall check the records of the adopted person to determine whether an unrevoked nonconsent form is on file from a biological parent pursuant to section 43-146.06. (2) If no nonconsent form has been filed pursuant to section 43-146.06, the following information shall be released to the adopted person: (a) The name and address of the court which issued the adoption decree; (b) The name and address of the child placement agency, if any, involved in the adoption; (c) The fact that an agency or the Department of Health and Human Services may assist the adopted person in searching for relatives as provided in sections 43-146.10 to 43-146.14; (d) A copy of the person's original birth certificate; and (e) A copy of the person's medical history and any medical records on file. (3) If an unrevoked nonconsent form has been filed pursuant to section 43-146.06, no information may be released to the adopted person except a copy of the person's medical history as provided in section 43-107 if requested. The medical history shall not include the names of the biological parents or relatives of the adopted person or any other identifying information. Source: Section 43-146.06 A biological parent may at any time file a notice of nonconsent with the Department of Health and Human Services Finance and Support 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 43-107, 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. Source: Section 43-146.07 The nonconsent form provided for in section 43-146.06 shall be designed by the Department of Health and Human Services Finance and Support and shall contain the following information: (1) The name of the person completing the form and, if different, the name of such person at the time of birth of the adopted person; (2) The relationship of the person to the adopted person; (3) The date of birth of the adopted person; (4) The sex of the adopted person; (5) The place of birth of the adopted person; (6) A statement that no information contained in the original birth certificate or any other identifying information, except medical histories as provided in section 43-107, shall be released prior to the death of the parent signing the form; (7) A statement that the person signing understands the effect and consequences of filing or not filing a nonconsent form; and (8) A notice in the following form: .CE IMPORTANT NOTICE 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 means that the Department of Health and Human Services Finance and Support 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. Source: Section 43-146.08 At any time after signing the notice of nonconsent provided for in section 43-146.06, the biological parent may revoke such notice. A form of revocation shall be provided by the Department of Health and Human Services Finance and Support and shall take effect at the time of filing of the form with the department. The revocation form shall contain the following notice: .CE IMPORTANT NOTICE 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 means that the Department of Health and Human Services Finance and Support may at any time disclose to the adopted person any information contained on the original birth certificate of the adopted person. Source: Section 43-146.09 If the Department of Health and Human Services Finance and Support 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. Source: Section 43-146.10 If an adopted person twenty-one years of age or older, after following the procedures set forth in sections 43-146.04 and 43-146.05, is unable to obtain information about the adopted person's relatives and there is no unrevoked nonconsent form as provided in section 43-146.06 on file with the Department of Health and Human Services Finance and Support, such person may then contact the child placement agency which handled the adoption or the Department of Health and Human Services. Source: Section 43-146.11 After being contacted by an adopted person as provided in section 43-146.10, the Department of Health and Human Services or agency, as the case may be, shall verify with the Department of Health and Human Services Finance and Support that no unrevoked nonconsent form is on file. 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 of Health and Human Services Finance and Support for any information in the court or Department of Health and Human Services Finance and Support 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 of Health and Human Services Finance and Support only to the Department of Health and Human Services or agency. The Department of Health and Human Services or agency shall keep such information confidential. Source: Section 43-146.12 When any information is provided to the Department of Health and Human Services or agency pursuant to section 43-146.11, 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. Source: Section 43-146.13 (1) Upon determining the identity and location of the relative being sought, the Department of Health and Human Services or agency shall attempt to contact the relative to determine such relative's willingness to be contacted by the adopted person. (2) Information about the relative shall not be released to the adopted person by the department or agency unless such relative agrees to be contacted by the adopted person. Source: Section 43-146.14 The Department of Health and Human Services 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 43-146.10 to 43-146.13. 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 may adopt and promulgate rules and regulations to carry out sections 43-123.01 and 43-146.01 to 43-146.16. Source: Section 43-146.15 The Department of Health and Human Services or an agency which receives information as provided in section 43-146.11 shall file a written report with the clerk of the court or Department of Health and Human Services Finance and Support 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. Source: Section 43-146.16 The forms provided by sections 43-146.06 and 43-146.08 shall be notarized and filed with the Department of Health and Human Services Finance and Support which shall keep such forms with all other records of the adopted person. Source: Section 43-146.17 (1) Notwithstanding sections 43-119 to 43-146.16 and except as otherwise provided in this section, an heir twenty-one years of age or older of an adopted person shall have access to all information on file at 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 related to such adopted person, including information contained in the original birth certificate of the adopted person, if: (a)(i) The adopted person is deceased, (ii) both biological parents of the adopted person are deceased or, if only one biological parent is known, such parent is deceased, and (iii) each spouse of the biological parent or parents of the adopted person, if any, is deceased, if such spouse is not a biological parent; or (b) at least one hundred years has passed since the birth of the adopted person. (2) The following information relating to an adopted person shall not be released to the heir of such person under this section: (a) Tests conducted for the human immunodeficiency virus or acquired immunodeficiency syndrome; (b) the revocation of a license to practice medicine in the State of Nebraska; (c) child protective services reports or records; (d) adult protective services reports or records; (e) information from the central register of child protection cases and the Adult Protective Services Central Registry; or (f) law enforcement investigative reports. (3) 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 shall provide a form that an heir of an adopted person may use to request information under this section. 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. (4) For purposes of this section, an heir of an adopted person means a direct biological descendent of such adopted person. (5) 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 adopt and promulgate rules and regulations to carry out this section. Source: Section 43-147 The Legislature finds that: (1) Finding adoptive families for children for whom state assistance is provided pursuant to sections 43-117 and 43-118 and assuring the protection of the interests of the children affected during the entire assistance period require special measures when the adoptive parents move to other states or are residents of another state; and (2) Providing medical and other necessary services for children, with state assistance, is more difficult when the services are provided in other states. Source: Section 43-148 The purposes of sections 43-147 to 43-154 are to: (1) Authorize the department to enter into interstate agreements with agencies of other states for the protection of children on whose behalf adoption assistance is being provided by the department; and (2) Provide procedures for interstate children's adoption assistance payments, including medical payments. Source: Section 43-149 As used in sections 43-147 to 43-154, unless the context otherwise requires: (1) Adoption assistance state shall mean the state that is signatory to an adoption assistance agreement in a particular case; (2) Department shall mean the Department of Health and Human Services; and (3) State shall mean a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States. Source: Section 43-150 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 43-147 to 43-154. When entered into and for so long as it shall remain in force, such a compact shall have the force and effect of law. Source: Section 43-151 A compact entered into pursuant to sections 43-147 to 43-154 shall include: (1) A provision making it available for joinder by all states; (2) A provision for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal; (3) A requirement that the protection afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are residents and have their principal place of abode; (4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance and that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and (5) Such other provisions as may be appropriate to implement the proper administration of the compact. Source: Section 43-152 A compact entered into pursuant to sections 43-147 to 43-154 may contain provisions in addition to those required pursuant to section 43-151, including: (1) Provisions establishing procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof; and (2) Such other provisions as may be appropriate or incidental to the proper administration of the compact. Source: Section 43-153 (1) A child with special needs residing in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing with the department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. 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. (2) The department shall consider the holder of a medical assistance identification pursuant to this section the same as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance. (3) Any person who by means of a willfully false statement or representation or by impersonation or other device obtains or attempts to obtain or who aids or abets any other person in obtaining assistance under sections 43-147 to 43-154 shall, upon conviction thereof, be punished pursuant to section 68-1017. (4) This section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. 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. Source: Section 43-154 Consistent with federal law, the department, in connection with the administration of sections 43-147 to 43-154 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 1980, Public Law 96-272, 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. Source: Section 43-155 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. Source: Section 43-156 For purposes of sections 43-155 to 43-160, unless the context otherwise requires: (1) Adoption involving exchange of information shall mean an adoption of a child in which one or both of the child's biological parents contract with the department for information about the child obtained through his or her adoptive family; (2) Exchange-of-information contract shall mean a two-year, renewable obligation, voluntarily agreed to and signed by both the adoptive and biological parent or parents as well as the department; and (3) Department shall mean the Department of Health and Human Services. Source: Section 43-157 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. Source: Section 43-158 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 43-155 to 43-160 shall be interpreted to preclude or allow visitation between the biological parent or parents and the child. Source: Section 43-159 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. Source: Section 43-160 The existence of any agreement or agreements of the kind specified in section 43-158 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 43-158 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 43-158. Source: Section 43-161 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 Department of Health and Human Services Regulation and Licensure and the Department of Health and Human Services Finance and Support shall have complete access to these records without restriction. Source: Section 43-162 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 43-163. Source: Section 43-163 (1) Before approving an agreement under section 43-162, the court shall appoint a guardian ad litem if the prospective adoptee is not already represented by a guardian ad litem, and the guardian ad litem of the prospective adoptee shall represent the best interests of the child concerning such agreement. 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. (2) In determining if the agreement is in the best interests of the prospective adoptee, the court shall consider the following factors as favoring communication with the birth parent or parents: 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. Source: Section 43-164 Failure to comply with the terms of an order entered pursuant to section 43-163 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 43-106.01. Source: Section 43-165 An order entered pursuant to section 43-163 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. Source: Part 2 (Above) | |||||||||||||||||||||||||||||||||||||||||||||||||||
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