| Neb. Rev. Stat.
§ 43-111
Nebraska
Revised Statutes of 1943
Chapter
43. Infants and Juveniles
Article
1. Adoption Procedures
(A)
General Provisions
§
43-111. Decree; effect as to natural parents.
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: Laws 1943, c.
104, § 9, p. 352; R.S.1943, § 43-111; Laws 1965, c. 234, §
2, p. 679; Laws 1985, LB 255, § 23.
CROSS REFERENCE
Nebraska Indian Child
Welfare Act, see section 43-1501.
NOTES
OF DECISIONS
In an agency adoption,
the rights of the relinquishing parent are terminated when the agency
accepts responsibility for the child in writing, and once the agency accepts
such responsibility, the agency retains custody until such time as the
child is actually adopted; whereas in a private adoption, the child is
relinquished directly into the hands of the prospective adoptive parents
without interference by the state or a private agency, and the relinquishing
parent's rights are not totally extinguished until the child has been
formally adopted by the prospective parents. Gomez v. Savage, 254 Neb.
836, 580 N.W.2d 523 (1998).
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).
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