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Rev. Stat. § 43-101
Nebraska
Revised Statutes of 1943
Chapter
43. Infants and Juveniles
Article
1. Adoption Procedures
(A)
General Provisions
§
43-101. Children eligible for adoption.
(1) Except as otherwise
provided in the Nebraska Indian Child Welfare Act, any minor child may
be adopted by any adult person or persons and any adult child may be adopted
by the spouse of such child's parent in the cases and subject to sections
43-101 to 43-115, except that no person having a husband or wife may adopt
a minor child unless the husband or wife joins in the petition therefor.
If the husband or wife so joins in the petition therefor, the adoption
shall be by them jointly, except that an adult husband or wife may adopt
a child of the other spouse whether born in or out of wedlock.
(2) Any adult child may
be adopted by any person or persons subject to sections 43-101 to 43-115,
except that no person having a husband or wife may adopt an adult child
unless the husband or wife joins in the petition therefor. If the husband
or wife so joins the petition therefor, the adoption shall be by them
jointly. The adoption of an adult child by another adult or adults who
are not the stepparent of the adult child may be permitted if the adult
child has had a parent-child relationship with the prospective parent
or parents for a period of at least six months next preceding the adult
child's age of majority and (a) the adult child has no living parents,
(b) 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,
(c) the parent or parents, if living, have relinquished the adult child
for adoption by a written instrument, (d) the parent or parents had abandoned
the child for at least six months next preceding the adult child's age
of majority, or (e) the parent or parents are incapable of consenting.
The substitute consent provisions of section 43-105 do not apply to adoptions
under this subsection.
Source: Laws 1943, c.
104, § 1, p. 349; R.S.1943, § 43-101; Laws 1984, LB 510, §
1; Laws 1985, LB 255, § 17; Laws 1999, LB 594, § 8.
CROSS REFERENCE
Nebraska Indian Child
Welfare Act, see section 43-1501.
NOTES
OF DECISIONS
For an adoption to be
valid under Nebraska's adoption statutes, the record must show the following
factors: (1) the existence of an adult person or persons entitled to adopt,
(2) the existence of a child eligible for adoption, (3) compliance with
statutory procedures providing for adoption, and (4) evidence that the
proposed adoption is in the child's best interests. Reading the adoption
statutes in their entirety, it is clear that aside from the stepparent
adoption scenario, the parents' parental rights must be terminated or
the existing nonterminated parent or parents must relinquish in order
for the child to be eligible for adoption by any adult person or persons
under this section. In re Adoption of Luke, 263 Neb. 365, 640 N.W.2d 374
(2002).
Husband
and wife should join in petition for adoption. Hiatt v. Menendez, 157
Neb. 914, 62 N.W.2d 123 (1954).
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