LB331 LB331
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 331
Introduced by DeBoer, 10.
Read first time January 11, 2023
Committee: Judiciary
1 A BILL FOR AN ACT relating to adoptions; to amend sections 43-104.15 and
2 43-107, Reissue Revised Statutes of Nebraska, and sections 43-101,
3 43-101.01, 43-102, 43-104, 43-104.08, and 43-104.13, Revised
4 Statutes Cumulative Supplement, 2022; to provide for adoption by two
5 persons jointly; to define a term; to change provisions relating to
6 consent to adoption, home studies, and terminology; to eliminate
7 obsolete provisions; to harmonize provisions; and to repeal the
8 original sections.
9 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 43-101, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 43-101 (1) Subject to sections 43-101 to 43-115 and except Except as
4 otherwise provided in the Nebraska Indian Child Welfare Act and
5 subsections (4) and (5) of this section:
6 (a) Any , any minor child may be adopted by any adult person or
7 persons jointly, regardless of their marital status;
8 (b) Any minor and any adult child may be adopted by the spouse of
9 such child's parent; and in the cases and subject to sections 43-101 to
10 43-115, except that no person having a spouse may adopt a minor child
11 unless the spouse joins in the petition therefor. If the spouse so joins
12 in the petition therefor, the adoption shall be by them jointly, except
13 that an adult spouse may adopt a child of the other spouse whether born
14 in or out of wedlock.
15 (c) Any minor child who has a sole legal parent may be adopted by a
16 second adult person if:
17 (i) The sole legal parent consents as provided in section 43-104;
18 (ii) The child has a parent-child relationship with the second adult
19 person; and
20 (iii) An adoptive home study is completed as provided in section
21 43-107.
22 (2) Subject to sections 43-101 to 43-115 and section 2 of this act
23 and except as otherwise provided in subsections (4) and (5) of this
24 section:
25 (a) Any adult child may be adopted by the spouse of such adult
26 child's parent; and
27 (b) (2) Any adult child may be adopted by any person or persons
28 subject to sections 43-101 to 43-115, except that no person having a
29 spouse may adopt an adult child unless the spouse joins in the petition
30 therefor. If the spouse so joins the petition therefor, the adoption
31 shall be by them jointly. The adoption of an adult child by another adult
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1 or adults who are not the stepparent of the adult child may be permitted
2 if the adult child has had a parent-child relationship with the
3 prospective parent or parents for a period of at least six months next
4 preceding the adult child's age of majority and:
5 (i) The (a) the adult child has no living parents;
6 (ii) The , (b) the adult child's parent or parents had been deprived
7 of parental rights to such child by the order of any court of competent
8 jurisdiction;
9 (iii) The , (c) the parent or parents, if living, have relinquished
10 the adult child for adoption by a written instrument;
11 (iv) The , (d) the parent or parents had abandoned the child for at
12 least six months next preceding the adult child's age of majority or for
13 a substantial portion of the time since the adult child reached the age
14 of majority;
15 (v) The , or (e) the parent or parents are incapable of consenting;
16 or .
17 (vi) The adult child has a sole legal parent who consents as
18 provided in section 43-104.
19 (3) The substitute consent provisions of section 43-105 do not apply
20 to adoptions under this subsection (2) of this section.
21 (4) No person with a spouse may adopt a minor child or an adult
22 child unless the spouse of such person joins in the petition for
23 adoption, in which case the adoption shall be made by such persons
24 jointly.
25 (5) An adoption shall not be permitted under this section if it
26 would result in a minor or adult child having more than two legal
27 parents.
28 Sec. 2. Section 43-101.01, Revised Statutes Cumulative Supplement,
29 2022, is amended to read:
30 43-101.01 For purposes of sections 43-101 to 43-115:
31 (1) Acknowledged father means an individual who has:
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1 (a) Executed a valid acknowledgment of paternity; or
2 (b) Acknowledged paternity through establishment of a familial
3 relationship with the child for a period of at least six months;
4 (2) Adjudicated father means an individual who has been determined
5 by a court of competent jurisdiction, in this state or in another state
6 or territory of the United States, to be the biological or legal father
7 of a minor child; and
8 (3) Juvenile court means the separate juvenile court where it has
9 been established pursuant to sections 43-2,111 to 43-2,127 and the county
10 court sitting as a juvenile court in all other counties; and .
11 (4) Sole legal parent means a legal parent of a child with respect
12 to whom no other person has parental rights.
13 Sec. 3. Section 43-102, Revised Statutes Cumulative Supplement,
14 2022, is amended to read:
15 43-102 (1) Except as otherwise provided in the Nebraska Indian Child
16 Welfare Act, any person or persons desiring to adopt a minor child or an
17 adult child shall file a petition for adoption signed and sworn to by the
18 person or persons desiring to adopt. The following shall be filed prior
19 to the hearing required under section 43-103:
20 (a) The consent or consents required by sections 43-101, 43-104, and
21 43-105 or section 43-104.07;
22 (b) The documents required by section 43-104.07 or the documents
23 required by sections 43-104.08 to 43-104.24;
24 (c) A completed preplacement adoptive home study if required by
25 section 43-107;
26 (d) The completed and signed affidavit described in section
27 43-104.09 if required by such section;
28 (e) The completed and signed affidavit described in section
29 43-104.16 if required by such section; and
30 (f) When a consent is not required under subdivision (4)(c) of
31 section 43-104, a certified copy of the termination order.
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1 (2) The county court of the county in which the person or persons
2 desiring to adopt a child reside has jurisdiction of adoption
3 proceedings, except that if a juvenile court already has jurisdiction
4 over the child to be adopted under the Nebraska Juvenile Code, such
5 juvenile court has concurrent jurisdiction with the county court in such
6 adoption proceeding. If a child to be adopted is a ward of any court or a
7 ward of the state at the time of placement and at the time of filing an
8 adoption petition, the person or persons desiring to adopt shall not be
9 required to be residents of Nebraska. The petition and all other court
10 filings for an adoption proceeding shall be filed with the clerk of the
11 county court. The party shall state in the petition whether such party
12 requests that the proceeding be heard by the county court or, in cases in
13 which a juvenile court already has jurisdiction over the child to be
14 adopted under the Nebraska Juvenile Code, such juvenile court. Such
15 proceeding is considered a county court proceeding even if heard by a
16 juvenile court judge and an order of the juvenile court in such adoption
17 proceeding has the force and effect of a county court order. The
18 testimony in an adoption proceeding heard before a juvenile court judge
19 shall be preserved as in any other juvenile court proceeding.
20 Sec. 4. Section 43-104, Revised Statutes Cumulative Supplement,
21 2022, is amended to read:
22 43-104 (1) Except as otherwise provided in this section and in the
23 Nebraska Indian Child Welfare Act, no adoption shall be decreed unless
24 written consents thereto are filed in the county court of the county in
25 which the person or persons desiring to adopt reside or in the county
26 court in which the juvenile court having jurisdiction over the custody of
27 the child is located and the written consents are executed by:
28 (a) The minor child, if over fourteen years of age; and
29 (b) Both parents of a child born in lawful wedlock if living, the
30 surviving parent of a child born in lawful wedlock, the mother of a child
31 born out of wedlock, or both the mother and father of a child born out of
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1 wedlock as determined pursuant to sections 43-104.08 to 43-104.24; and .
2 (c) In the case of an adoption by a second adult person under
3 subdivision (1)(c) or (2)(b) of section 43-101, the sole legal parent.
4 Such consent shall state that the child or adult child has a sole legal
5 parent and that such sole legal parent wishes for the child or adult
6 child to be adopted by a second adult person.
7 (2) A written consent or relinquishment for adoption under this
8 section shall not be valid unless signed at least forty-eight hours after
9 the birth of the child.
10 (3) A petition for adoption shall attest that, at the time of
11 filing:
12 (a) There were no pending motions in any other court having
13 jurisdiction over the minor child; and
14 (b) If a juvenile court has jurisdiction over the child, that
15 adoption is the permanency goal in proceedings in juvenile court.
16 (4) Consent shall not be required of any parent:
17 (a) Who relinquished the child for adoption by a written instrument;
18 (b) Who abandoned the child for at least six months next preceding
19 the filing of the adoption petition;
20 (c) Whose parental rights to such child have been terminated by the
21 order of any court of competent jurisdiction; or
22 (d) Who is incapable of consenting.
23 (5) Consent shall not be required of a putative father who has
24 failed to timely file:
25 (a) A Notice of Objection to Adoption and Intent to Obtain Custody
26 pursuant to section 43-104.02 and, with respect to the absence of such
27 filing, a certificate has been filed pursuant to section 43-104.04; or
28 (b) A petition pursuant to section 43-104.05 for the adjudication of
29 such father's objection to the adoption and a determination of whether
30 his consent to the adoption is required and the mother of the child has
31 timely executed a valid relinquishment and consent to the adoption
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1 pursuant to such section.
2 (6) Consent shall not be required of an acknowledged or adjudicated
3 father (a) when he who has failed to timely file a petition pursuant to
4 section 43-104.05 for the adjudication of such notice and a determination
5 of whether his consent to the adoption is required and (b) the mother of
6 the child has timely executed a valid relinquishment and consent to the
7 adoption pursuant to such section.
8 (7) Consent shall not be required of an acknowledged father, an
9 adjudicated father, or a putative father who is not required to consent
10 to the adoption pursuant to section 43-104.05 or 43-104.22.
11 (8) The validity of a relinquishment and consent for adoption is not
12 affected by the fact that a relinquishing person is a minor.
13 (9)(a) In private adoptions not involving relinquishment of a child
14 to the state or to a licensed child placement agency, a parent or parents
15 who relinquish a child for adoption shall be provided legal counsel of
16 their choice independent from that of the adoptive parent or parents.
17 Such counsel shall be provided at the expense of the adoptive parent or
18 parents prior to the execution of a written relinquishment and consent to
19 adoption or execution of a communication and contact agreement under
20 section 43-166, unless specifically waived in writing.
21 (b) In private adoptions and adoptions involving relinquishment of a
22 child to a licensed child placement agency other than the state, a parent
23 or parents contemplating relinquishment of a child for adoption shall be
24 offered, at the expense of the adoptive parent or parents or the agency,
25 at least three hours of professional counseling prior to executing a
26 written relinquishment of parental rights or written consent to adoption.
27 Such relinquishment or consent shall state whether the relinquishing
28 parent or parents received or declined counseling.
29 Sec. 5. Section 43-104.08, Revised Statutes Cumulative Supplement,
30 2022, is amended to read:
31 43-104.08 Whenever a child is claimed to be born out of wedlock and
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1 the biological mother contacts an adoption agency or attorney to
2 relinquish her rights to the child, or the biological mother joins in a
3 petition for adoption to be filed by the second adult person her spouse,
4 the agency or attorney contacted shall attempt to establish the identity
5 of the biological father and further attempt to inform the biological
6 father of his rights, including the right to object to the adoption and
7 the procedure and required timing to object, and his right to execute a
8 relinquishment and consent to adoption, or a denial of paternity and
9 waiver of rights, in the form mandated by section 43-106, pursuant to
10 sections 43-104.08 to 43-104.24.
11 Sec. 6. Section 43-104.13, Revised Statutes Cumulative Supplement,
12 2022, is amended to read:
13 43-104.13 The notice sent by the agency or attorney pursuant to
14 section 43-104.12 shall be served sufficiently in advance of the birth of
15 the child, whenever possible, to allow compliance with subdivision (1)(a)
16 of section 43-104.02 and shall state:
17 (1) The biological mother's name, the fact that she is pregnant or
18 has given birth to the child, and the expected or actual date of
19 delivery;
20 (2) That the child has been relinquished by the biological mother,
21 that she intends to execute a relinquishment and consent to adoption, or
22 that the biological mother has joined or plans to join in a petition for
23 adoption to be filed by another adult person her spouse;
24 (3) That the person being notified has been identified as a possible
25 biological father of the child, whether putative, acknowledged, or
26 adjudicated;
27 (4) That the person being notified may have certain rights with
28 respect to such child if he is in fact the biological father;
29 (5) That the person being notified has the right to (a) deny
30 paternity, (b) waive any parental rights he may have, (c) relinquish and
31 consent to adoption of the child, (d) file a Notice of Objection to
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1 Adoption and Intent to Obtain Custody any time during the pregnan