Nebraska

Nebraska

Adoption

Access to Adoption Records

To better understand this issue and to view it across States, download the PDF (541 KB) of this publication.

Who May Access Information
Citation: Rev. Stat. §§ 43-128; 43-130; 43-146.02; 43-146.04

Medical history shall be provided to:

  • The adoptive parents
  • The adopted person

Identifying information is available to:

  • An adopted person who is age 25 or older for adoptions finalized prior to September 1, 1998
  • An adopted person who is age 21 or older for adoptions finalized on or after September 1, 1998

Access to Nonidentifying Information
Citation: Rev. Stat. §§ 43-128; 43-146.02

A child-placing 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 child and to the adopted person, upon his or her request, the available medical history of the adopted person and of the birth parents. The medical history shall not include the names of the birth parents, the child’s place of birth, or any other identifying information.

Mutual Access to Identifying Information
Citation: Rev. Stat. §§ 43-131; 43-146.05

For adoptions finalized prior to September 1, 1998: Upon a request for information, the department shall check the records of the adopted person to determine whether a consent form has been signed and filed by any relative and whether an unrevoked nonconsent form is on file from a birth parent or an adoptive parent.If the consent form has been signed and filed and not been revoked, and if no nonconsent form has been filed by an adoptive parent, the department shall release the information to the adopted person.

If no consent forms have been filed, or if the consent form has been revoked, and if no nonconsent form has been filed, the following information shall be released to the adopted person:

  • The name and address of the court that issued the adoption decree
  • The name and address of any child-placing agency involved in the adoption
  • The fact that an agency may assist the adopted person in searching for relatives

For adoptions finalized on or after September 1, 1998: Upon a request for information, the department shall check the records of the adopted person to determine whether an unrevoked nonconsent form is on file from a birth parent. If no nonconsent form has been filed, the following information shall be released to the adopted person:

  • The name and address of the court that issued the adoption decree
  • The name and address of any child-placing agency involved in the adoption
  • The fact that an agency or the department may assist the adopted person in searching for relatives
  • A copy of the adopted person’s original birth certificate
  • A copy of the adopted person’s medical history and any medical records on file

If an unrevoked nonconsent form has been filed, no information may be released to the adopted person except a copy of his or her medical history, if requested. The medical history shall not include the names of the birth parents or relatives of the adopted person or any other identifying information.

Access to Original Birth Certificate
Citation: Rev. Stat. §§ 43-130; 43-136; 43-143; 43-146.04

For adoptions finalized prior to September 1, 1998, an adopted person who is age 25 or older may file a written request for the original birth certificate. For adoptions finalized on or after September 1, 1998, an adopted person who is age 21 or older may request the original birth certificate. If a consent form has been signed and filed by both birth parents, or by the birth mother of a child born out of wedlock, and no nonconsent form has been filed, a copy of the adopted person’s original birth certificate shall be provided to the adopted person.

For adoptions finalized prior to July 20, 2002, an adoptive parent or parents may at any time file a notice of nonconsent 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.

Where the Information Can Be Located

Nebraska Department of Health and Human Services, Division of Children and Family Services — Adoption Searches

(Back to Top)

Collection of Family Information About Adopted Persons and Their Birth Families

To better understand this issue and to view it across States, download the PDF (617 KB) of this publication.

Agency or Person Preparing the Report
Citation: Rev. Stat. § 43-107
The Department of Health and Human Services is responsible for completing the medical history form.

Contents of Report About the Adopted Person
Citation: Rev. Stat. § 43-107
A complete medical history of the child must be provided.

Contents of Report About the Birth Family
Citation: Rev. Stat. § 43-107
Effective May 17, 2011, the complete medical history or histories required under this subsection shall include the race, ethnicity, nationality, Indian Tribe when applicable and in compliance with the Nebraska Indian Child Welfare Act, or other cultural history of both birth parents, if available.Medical histories shall be provided, if available, for the birth mother and father and their birth families, including, but not limited to, siblings, parents, grandparents, aunts, and uncles, unless the child is foreign born or was abandoned. The medical history or histories shall be reported on a form provided by the department and filed along with the report of adoption.

When the Report Is Made
Citation: Rev. Stat. § 43-107
Upon the filing of a petition for adoption, the judge shall require that a complete medical history of the child be provided.

Exceptions for Stepparent or Relative Adoptions
Citation: Rev. Stat. § 43-107
In the adoption of a child by a stepparent, the provision of a medical history shall be discretionary.

(Back to Top)

Intestate Inheritance Rights for Adopted Children

To better understand this issue and to view it across States, download the PDF (524 KB) of this publication.

Birth Parents in Relation to Adopted Person
Citation: Rev. Stat. §§ 43-111; 30-2309
After an adoption decree has been entered, the birth parents of the adopted child shall be relieved of all parental duties toward and all responsibilities for such child and have no right to the adopted child’s property by descent and distribution.If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, an adopted person is the child of an adopting parent and not of the birth parents, except that adoption of a child by the spouse of a birth parent has no effect on the relationship between the child and that birth parent.

Adoptive Parents in Relation to Adopted Person
Citation: Rev. Stat. § 30-2309

For purposes of intestate succession, a parent-child relationship exists between an adopted person and an adopting parent.

Adopted Persons Who Are Not Included in a Will
Citation: Rev. Stat. §§ 30-2321; 30-2349
If a testator fails to provide in his or her will for any child who was adopted after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate unless:

  • It appears from the will that the omission was intentional.
  • When the will was executed, the testator had one or more children and gave substantially all his or her estate to the other parent of the omitted child.
  • The testator provided for the child by transfer outside the will in an amount equal to or greater than such child’s share had the testator died intestate.

Adopted individuals are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession.

(Back to Top)

State Recognition of Intercountry Adoptions Finalized Abroad

To better understand this issue and to view it across States, download the PDF (414 KB) of this publication.

Effect and Recognition of a Foreign Adoption Decree

This issue is not addressed in the statutes reviewed.

Readoption After an Intercountry Adoption
Citation:

This issue is not addressed in the statutes reviewed.

Application for a U.S. Birth Certificate
Citation: Rev. Stat. § 71-627.02

Upon receipt of a report of adoption or a certified copy of a decree of adoption issued by any court of competent jurisdiction in the State of Nebraska as to any foreign-born person, the department shall prepare a birth certificate in the new name of the adoptee. The birth certificate shall show specifically:

  • The new name of the adoptee
  • The date of birth and sex of the adoptee
  • Statistical information concerning the adoptive parents in place of the natural parents
  • The true or probable place of birth including the city or town and country

Leave a Reply