LB 70 — Provide for adoption by a second adult person and change provisions relating to adoptions

2.

Section 43-101.01, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-101.01 For purposes of sections 43-101 to 43-115:

(1) Acknowledged father means an individual who has:

(a) Executed a valid acknowledgment of paternity;

or (b) Acknowledged paternity through establishment of a familial relationship with the child for a period of at least six months;

-1- LB70 LB70 2026 (2) Adjudicated father means an individual who has been determined by a court of competent jurisdiction, in this state or in another state or territory of the United States, to be the biological or legal father of a minor child;

and (3) Juvenile court means the separate juvenile court where it has been established pursuant to sections 43-2,111 to 43-2,127 and the county court sitting as a juvenile court in all other counties;

and .

(4) Sole legal parent means a legal parent of a child with respect to whom no other person has parental rights.

Sec.

3.

Section 43-102, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-102 (1) Except as otherwise provided in the Nebraska Indian Child Welfare Act, any person or persons desiring to adopt a minor child or an adult child shall file a petition for adoption signed and sworn to by the person or persons desiring to adopt.

The following shall be filed prior to the hearing required under section 43-103:

(a) The consent or consents required by sections 43-101, 43-104, and 43-105 or section 43-104.07;

(b) The documents required by section 43-104.07 or the documents required by sections 43-104.08 to 43-104.24;

(c) A completed preplacement adoptive home study if required by section 43-107;

(d) The completed and signed affidavit described in section 43-104.09 if required by such section;

(e) The completed and signed affidavit described in section 43-104.16 if required by such section;

and (f) When a consent is not required under subdivision (4)(c) of section 43-104, a certified copy of the termination order.

(2) The county court of the county in which the person or persons desiring to adopt a child reside has jurisdiction of adoption proceedings, except that if a juvenile court already has jurisdiction over the child to be adopted under the Nebraska Juvenile Code, such juvenile court has concurrent jurisdiction with the county court in such adoption proceeding.

If a child to be adopted is a ward of any court or a ward of the state at the time of placement and at the time of filing an adoption petition, the person or persons desiring to adopt shall not be required to be residents of Nebraska.

The petition and all other court filings for an adoption proceeding shall be filed with the clerk of the county court.

The party shall state in the petition whether such party requests that the proceeding be heard by the county court or, in cases in which a juvenile court already has jurisdiction over the child to be adopted under the Nebraska Juvenile Code, such juvenile court.

Such proceeding is considered a county court proceeding even if heard by a juvenile court judge and an order of the juvenile court in such adoption proceeding has the force and effect of a county court order.

The testimony in an adoption proceeding heard before a juvenile court judge shall be preserved as in any other juvenile court proceeding.

Sec.

4.

Section 43-104, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-104 (1) Except as otherwise provided in this section and in the Nebraska Indian Child Welfare Act, no adoption shall be decreed unless written consents thereto are filed in the county court of the county in which the person or persons desiring to adopt reside or in the county court in which the juvenile court having jurisdiction over the custody of the child is located and the written consents are executed by:

(a) The minor child, if over fourteen years of age;

and (b) Both parents of a child born in lawful wedlock if living, the surviving parent of a child born in lawful wedlock, the mother of a child born out of wedlock, or both the mother and father of a child born out of wedlock as determined pursuant to sections 43-104.08 to 43-104.24;

and .

(c) In the case of an adoption by a second adult person under subdivision (1)(c) or (2)(b) of section 43-101, the sole legal parent.

Such consent shall state that the child or adult child has a sole legal parent and that such sole legal parent wishes for the child or adult child to be adopted by a second adult person.

(2) A written consent or relinquishment for adoption under this section shall not be valid unless signed at least forty-eight hours after the birth of the child.

(3) A petition for adoption shall attest that, at the time of filing:

(a) There were no pending motions in any other court having jurisdiction over the minor child;

and (b) If a juvenile court has jurisdiction over the child, that adoption is the permanency goal in proceedings in juvenile court.

(4) Consent shall not be required of any parent:

(a) Who relinquished the child for adoption by a written instrument;

(b) Who abandoned the child for at least six months next preceding the filing of the adoption petition;

(c) Whose parental rights to such child have been terminated by the order of any court of competent jurisdiction;

or (d) Who is incapable of consenting.

(5) Consent shall not be required of a putative father who has failed to timely file:

(a) A Notice of Objection to Adoption and Intent to Obtain Custody pursuant to section 43-104.02 and, with respect to the absence of such filing, -2- LB70 LB70 2026 a certificate has been filed pursuant to section 43-104.04;

or (b) A petition pursuant to section 43-104.05 for the adjudication of such father's objection to the adoption and a determination of whether his consent to the adoption is required and the mother of the child has timely executed a valid relinquishment and consent to the adoption pursuant to such section.

(6) Consent shall not be required of an acknowledged or adjudicated father when (a) he who has failed to timely file a petition pursuant to section 43-104.05 for the adjudication of such notice and a determination of whether his consent to the adoption is required and (b) the mother of the child has timely executed a valid relinquishment and consent to the adoption pursuant to such section.

(7) Consent shall not be required of an acknowledged father, an adjudicated father, or a putative father who is not required to consent to the adoption pursuant to section 43-104.05 or 43-104.22.

(8) The validity of a relinquishment and consent for adoption is not affected by the fact that a relinquishing person is a minor.

(9)(a) In private adoptions not involving relinquishment of a child to the state or to a licensed child placement agency, a parent or parents who relinquish a child for adoption shall be provided legal counsel of their choice independent from that of the adoptive parent or parents.

Such counsel shall be provided at the expense of the adoptive parent or parents prior to the execution of a written relinquishment and consent to adoption or execution of a communication and contact agreement under section 43-166, unless specifically waived in writing.

(b) In private adoptions and adoptions involving relinquishment of a child to a licensed child placement agency other than the state, a parent or parents contemplating relinquishment of a child for adoption shall be offered, at the expense of the adoptive parent or parents or the agency, at least three hours of professional counseling prior to executing a written relinquishment of parental rights or written consent to adoption.

Such relinquishment or consent shall state whether the relinquishing parent or parents received or declined counseling.

Sec.

5.

Section 43-104.08, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-104.08 Whenever a child is claimed to be born out of wedlock and the biological mother contacts an adoption agency or attorney to relinquish her rights to the child, or the biological mother joins in a petition for adoption to be filed by a second adult person her spouse, the agency or attorney contacted shall attempt to establish the identity of the biological father and further attempt to inform the biological father of his rights, including the right to object to the adoption and the procedure and required timing to object, and his right to execute a relinquishment and consent to adoption, or a denial of paternity and waiver of rights, in the form mandated by section 43-106, pursuant to sections 43-104.08 to 43-104.24.

Sec.

6.

Section 43-104.13, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-104.13 The notice sent by the agency or attorney pursuant to section 43-104.12 shall be served sufficiently in advance of the birth of the child, whenever possible, to allow compliance with subdivision (1)(a) of section 43-104.02 and shall state:

(1) The biological mother's name, the fact that she is pregnant or has given birth to the child, and the expected or actual date of delivery;

(2) That the child has been relinquished by the biological mother, that she intends to execute a relinquishment and consent to adoption, or that the biological mother has joined or plans to join in a petition for adoption to be filed by a second adult person her spouse;

(3) That the person being notified has been identified as a possible biological father of the child, whether putative, acknowledged, or adjudicated;

(4) That the person being notified may have certain rights with respect to such child if he is in fact the biological father;

(5) That the person being notified has the right to (a) deny paternity, (b) waive any parental rights he may have, (c) relinquish and consent to adoption of the child, (d) file a Notice of Objection to Adoption and Intent to Obtain Custody any time during the pregnancy or as late as ten business days after birth pursuant to section 43-104.02 if he is a putative father, and (e) object to the adoption in court within forty-five days after the later of receipt of notice under this section or the birth of the child if he is an acknowledged or adjudicated father;

(6) That to deny paternity, to waive his parental rights, or to relinquish and consent to the adoption, the person being notified must contact the undersigned agency or attorney representing the biological mother, and that if he wishes to object to the adoption and seek custody of the child he should seek legal counsel from his own attorney immediately;

and (7) That if the person being notified is the biological father and if the child is not relinquished for adoption, he has a duty to contribute to the support and education of the child and to the pregnancy-related expenses of the mother and a right to seek a court order for custody, parenting time, visitation, or other access with the child.

The agency or attorney representing the biological mother may enclose with the notice a document which is an admission or denial of paternity and a waiver of rights by the person being notified, which such person may choose to complete, in the form mandated by section 43-106, and return to the agency or attorney.

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7.

Section 43-104.15, Reissue Revised Statutes of Nebraska, is amended to read:

43-104.15 The notification procedure set forth in sections 43-104.12 to 43-104.14 shall, whenever possible, be completed prior to a child being placed in an adoptive home.

If the information provided in the biological mother's affidavit prepared pursuant to section 43-104.09 presents clear evidence that providing notice to a biological father or possible biological father as contemplated in sections 43-104.12 to 43-104.14 would be likely to threaten the safety of the biological mother or the child or that conception was the result of sexual assault or incest, notice is not required to be given.

If the biological father or possible biological fathers are not given actual or constructive notice prior to the time of placement, the agency or attorney shall give the adoptive parent or parents a statement of legal risk indicating the legal status of the biological father's parental rights as of the time of placement, and the adoptive parent or parents shall sign a statement of legal risk acknowledging their acceptance of the placement, notwithstanding the legal risk.

Sec.

8.

Section 43-107, Reissue Revised Statutes of Nebraska, is amended to read:

43-107 (1)(a) For adoption placements occurring or in effect prior to January 1, 1994, upon the filing of a petition for adoption, the county judge shall, except in the adoption of children by stepparents when the requirement of an investigation is discretionary, request the Department of Health and Human Services or any child placement agency licensed by the department to examine the allegations set forth in the petition and to ascertain any other facts relating to such minor child and the person or persons petitioning to adopt such child as may be relevant to the propriety of such adoption, except that the county judge shall not be required to request such an examination if the judge determines that information compiled in a previous examination or study is sufficiently current and comprehensive.

Upon the request being made, the department or other licensed agency shall conduct an investigation and report its findings to the county judge in writing at least one week prior to the date set for hearing.

(1)(a) A (b)(i) For adoption placements occurring on or after January 1, 1994, a preplacement adoptive home study shall be filed with the court prior to the hearing required in section 43-103.

Such study shall be , which study is completed by the Department of Health and Human Services or a licensed child placement agency within one year before the date on which the adoptee is placed with the petitioner or petitioners and indicates that the placement of a child for the purpose of adoption would be safe and appropriate.

(b) (ii) An adoptive home study shall not be required when the petitioner is a stepparent of the adoptee unless required by the court.

An adoptive home study may be waived by the court upon a showing of good cause by the petitioner when the petitioner is a biological grandparent or a step-grandparent who is married to the biological grandparent at the time of the adoption if both are adopting the child.

The For all petitions filed on or after January 1, 1994, the judge shall order the petitioner or his or her attorney to request the Nebraska State Patrol to file a national criminal history record information check by submitting the request accompanied by two sets of fingerprint cards or an equivalent electronic submission and the appropriate fee to the Nebraska State Patrol for a Federal Bureau of Investigation background check and to request the department to conduct and file a check of the central registry created in section 28-718 for any history of the petitioner of behavior injurious to or which may endanger the health or morals of a child.

An adoption decree shall not be issued until such records are on file with the court.

The petitioner shall pay the cost of the national criminal history record information check and the check of the central registry.

(c) (iii) The placement of a child for foster care made by or facilitated by the department or a licensed child placement agency in the home of a person who later petitions the court to adopt the child shall be exempt from the requirements of a preplacement adoptive home study.

The petitioner or petitioners who meet such criteria shall have a postplacement adoptive home study completed by the department or a licensed child placement agency and filed with the court at least one week prior to the hearing for adoption.

(d) (iv) A voluntary placement for purposes other than adoption made by a parent or guardian of a child without assistance from an attorney, physician, or other individual or agency which later results in a petition for the adoption of the child shall be exempt from the requirements of a preplacement adoptive home study.

The petitioner or petitioners who meet such criteria shall have a postplacement adoptive home study completed by the department or a licensed child placement agency and filed with the court at least one week prior to the hearing for adoption.

(e) In the case of an adoption by a second adult person under subdivision (1)(c) of section 43-101, if the child of a sole legal parent was adopted by that parent less than six months prior to the filing of an adoption petition by the second adult person and if the second adult person was included in an adoptive home study conducted in accordance with this section, a new adoptive home study is not required unless the court specifically orders otherwise.

The court may order an adoptive home study, a background investigation, or both if the court determines that such would be in the best interests of the adoptive party or the person to be adopted.

If the petition for adoption by the second adult person was filed six months or more after the adoption by the sole legal parent, a separate adoptive home study report is required as otherwise provided -4- LB70 LB70 2026 in this section.

(f) (v) The adoption of an adult child as provided in subsection (2) of section 43-101 shall be exempt from the requirements of an adoptive home study unless the court specifically orders otherwise.

The court may order an adoptive home study, a background investigation, or both if the court determines that such would be in the best interests of the adoptive party or the person to be adopted.

(g) (vi) Any adoptive home study required by this section shall be conducted by the department or a licensed child placement agency at the expense of the petitioner or petitioners unless such expenses are waived by the department or licensed child placement agency.

The department or licensed agency shall determine the fee or rate for the adoptive home study.

(h) (vii) The preplacement or postplacement adoptive home study shall be performed as prescribed in rules and regulations of the department and shall include at a minimum an examination into the facts relating to the petitioner or petitioners as may be relevant to the propriety of such adoption.

Such rules and regulations shall require an adoptive home study to include a national criminal history record information check and a check of the central registry created in section 28-718 for any history of the petitioner or petitioners of behavior injurious to or which may endanger the health or morals of a child.

(2) Upon the filing of a petition for adoption, the judge shall require that a complete medical history be provided on the child, except that in the adoption of a child by a stepparent, biological grandparent, or step- grandparent who is married to the biological grandparent at the time of the adoption if both are adopting the child, the provision of a medical history shall be discretionary.

The On and after August 27, 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 biological parents, if available.

A medical history shall be provided, if available, on the biological mother and father and their biological 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 as provided by section 71-626.

If the medical history or histories do not accompany the report of adoption, the department shall inform the court and the State Court Administrator.

The medical history or histories shall be made part of the court record.

After the entry of a decree of adoption, the court shall retain a copy and forward the original medical history or histories to the department.

This subsection shall only apply when the relinquishment or consent for an adoption is given on or after September 1, 1988.

(3) After the filing of a petition for adoption and before the entry of a decree of adoption for a child who is committed to the Department of Health and Human Services, the person or persons petitioning to adopt the child shall be given the opportunity to read the case file on the child maintained by the department or its duly authorized agent.

The department shall not include in the case file to be read any information or documents that the department determines cannot be released based upon state statute, federal statute, federal rule, or federal regulation.

The department shall provide a document for such person's or persons' signatures verifying that such person or persons he, she, or they have been given an opportunity to read the case file and are aware that such person or persons he, she, or they can review the child's file at any time following finalization of the adoption upon making a written request to the department.

The department shall file such document with the court prior to the entry of a decree of adoption in the case.

Sec.

9.

Section 43-512.04, Reissue Revised Statutes of Nebraska, is amended to read:

43-512.04 (1) An action for child support or medical support may be brought separate and apart from any action for dissolution of marriage.

The complaint initiating the action shall be filed with the clerk of the district court and may be heard by the county court or the district court as provided in section 25-2740.

Such action for support may be filed on behalf of a child:

(a) Whose paternity has been established (i) by prior judicial order in this state, (ii) by a prior determination of paternity made by any other state or by an Indian tribe as described in subsection (1) of section 43-1406, or (iii) by the marriage of his or her parents as described in section 42-377 or subsection (2) of section 43-1406;

or (b) Whose paternity is presumed as described in section 43-1409 or subsection (2) of section 43-1415;

or .

(c) Who has been adopted by a second adult person under subdivision (1)(c) of section 43-101.

(2)(a) (2) The father, not having entered into a judicially approved settlement or being in default in the performance of the same, may be made a respondent in such action.

The mother of the child may also be made a respondent in such an action.

For a child adopted by a second adult person under subdivision (1)(c) of section 43-101, either or both parents, not having entered into a judicially approved settlement or being in default in the performance of the same, may be made respondents in such an action.

(b) Such action shall be commenced by a complaint of the mother of the child, the father of the child whose paternity has been established, either parent of a child adopted by a second adult person under subdivision (1)(c) of section 43-101, the guardian or next friend of the child, the county attorney, -5- LB70 LB70 2026 or an authorized attorney.

(3) The complaint shall set forth the basis on which paternity was previously established or presumed, if the respondent is the father, and the fact of nonsupport and shall ask that the father, the mother, either parent of a child adopted by a second adult person under subdivision (1)(c) of section 43-101, or both parents be ordered to provide for the support of the child.

Summons shall issue against the father, the mother, either parent of a child adopted by a second adult person under subdivision (1)(c) of section 43-101, or both parents and be served as in other civil proceedings, except that such summons may be directed to the sheriff of any county in the state and may be served in any county.

The method of trial shall be the same as in actions formerly cognizable in equity, and jurisdiction to hear and determine such actions for support is hereby vested in the district court of the district or the county court of the county where the child is domiciled or found or, for cases under the Uniform Interstate Family Support Act if the child is not domiciled or found in Nebraska, where the parent of the child is domiciled.

(4) In such proceeding, if the defendant is the presumed father as described in subdivision (1)(b) of this section, the court shall make a finding whether or not the presumption of paternity has been rebutted.

The presumption of paternity created by acknowledgment as described in section 43-1409 may be rebutted as part of an equitable proceeding to establish support by genetic testing results which exclude the alleged father as being the biological father of the child.

A court in such a proceeding may order genetic testing as provided in sections 43-1414 to 43-1418.

(5) If the court finds that either the father, the mother, or both parents have failed adequately to support the child, the court shall issue a decree directing such parent or parents him, her, or them to do so, specifying the amount of such support, the manner in which it shall be furnished, and the amount, if any, of any court costs and attorney's fees to be paid by such parent or parents the father, the mother, or both parents.

Income withholding shall be ordered pursuant to the Income Withholding for Child Support Act.

The court may require the furnishing of bond to insure the performance of the decree in the same manner as is provided for in section 42-358.05 or 43-1405.

Failure on the part of the defendant to perform the terms of such decree shall constitute contempt of court and may be dealt with in the same manner as other contempts.

The court may also order medical support and the payment of expenses as described in section 43-1407.

Sec.

10.

Section 43-1401, Revised Statutes Supplement, 2025, is amended to read:

43-1401 (1) For purposes of sections 43-1401 to 43-1418:

(a) Child Except as provided in sections 43-1411 and 43-1414, child means a child who is under the age of eighteen years and who:

(i) Except as provided in sections 43-1411 and 43-1414, was born out of wedlock;

or (ii) Has been adopted by a second adult person under subdivision (1)(c) of section 43-101;

(b) Child born out of wedlock means a child whose parents were not married to each other at the time of birth, except that a child shall not be considered as born out of wedlock if the parents were married at the time of the child's conception but divorced at the time of birth.

The definition of legitimacy or illegitimacy for other purposes shall not be affected by sections 43-1401 to 43-1418;

and (c) Support includes reasonable education.

(2) The changes made to this section by Laws 2025, LB150, apply to actions under sections 43-1401 to 43-1418 that are pending on June 5, 2025, and to cases filed on or after such date.

Sec.

11.

Section 43-1402, Reissue Revised Statutes of Nebraska, is amended to read:

43-1402 The father of a child whose paternity is established either by judicial proceedings or by acknowledgment as hereinafter provided shall be liable for the child's its support to the same extent and in the same manner as the father of a child born in lawful wedlock is liable for the child's its support.

The mother of a child shall also be liable for the child's its support.

Both parents of a child adopted by a second adult person under subdivision (1)(c) of section 43-101 shall be liable for the child's support.

The liability of each parent may be determined, enforced, and discharged in accordance with the methods hereinafter provided.

Sec.

12.

Section 43-1404, Reissue Revised Statutes of Nebraska, is amended to read:

43-1404 The liability of the parent for support father or mother of a child for its support shall be discharged by compliance with the terms of a judicial decree for support or the terms of a judicially approved settlement or by the adoption of the child by some other person or persons.

Sec.

13.

Section 43-1405, Reissue Revised Statutes of Nebraska, is amended to read:

43-1405 (1) A settlement provided for in section 43-1404 means a voluntary agreement:

(a) That is between:

(i) The the father of the child and the mother or some person authorized to act in her behalf;

, (ii) The or between the father and the next friend or guardian of the child;

, (iii) A parent of a child adopted by a second adult person under -6- LB70 LB70 2026 subdivision (1)(c) of section 43-101 and the other such parent or some person authorized to act in such other parent's behalf;

or (iv) A parent of a child adopted by a second adult person under subdivision (1)(c) of section 43-101 and the next friend or guardian of the child;

and (b) Whereby whereby the father or parent promises to make adequate provision for the support of the child.

(2) In the event that such a settlement is made it shall be binding on all parties and shall bar all other remedies of the mother and child, any other parent, and the legal representatives of the child so long as the settlement is it shall be performed by the parent promising to provide support father, if such said settlement is approved by the court having jurisdiction to compel the support of the child.

(3) The court shall approve such settlement only if the court finds and determines it shall find and determine that adequate provision is made for the support of the child and that the promising parent has father shall have offered clear evidence of his willingness and ability to perform the agreement.

The court, in its discretion, may require the promising parent father to furnish bond with proper sureties conditioned upon the performance of the settlement.

Sec.

14.

Section 43-1410, Reissue Revised Statutes of Nebraska, is amended to read:

43-1410 Any judicially approved settlement or order of support made by a court having jurisdiction in the premises shall be binding on the legal representatives of the parent father or mother in the event of his or her death, to the same extent as other contractual obligations and judicial judgments or decrees.

Sec.

15.

Section 43-2924, Revised Statutes Cumulative Supplement, 2024, is amended to read:

43-2924 (1) The Parenting Act shall apply to proceedings or modifications filed on or after January 1, 2008, in which parenting functions for a child are at issue:

(a) Under under Chapter 42, including, but not limited to, proceedings or modification of orders for dissolution of marriage and child custody;

and (b) Under under sections 43-1401 to 43-1418;

and .

(c) In a dispute between parents of a child adopted by a second adult person under subdivision (1)(c) of section 43-101.

(2) The Parenting Act may apply to proceedings or modifications in which parenting functions for a child are at issue under Chapter 30 or 43.

(3) The Parenting Act shall also apply to subsequent modifications of bridge orders entered under section 43-246.02 by a separate juvenile court or county court sitting as a juvenile court and docketed in a district court.

(4) (2) The Parenting Act does not apply in any action filed by a county attorney or authorized attorney pursuant to his or her duties under section 42-358, 43-512 to 43-512.18, or 43-1401 to 43-1418, the Income Withholding for Child Support Act, the Revised Uniform Reciprocal Enforcement of Support Act before January 1, 1994, or the Uniform Interstate Family Support Act for purposes of the establishment of paternity and the establishment and enforcement of child and medical support or a bridge order entered under section 43-246.02 by a separate juvenile court or county court sitting as a juvenile court and docketed in a district court.

A county attorney or authorized attorney shall not participate in the development of or court review of a parenting plan under the Parenting Act.

If both parents are parties to a paternity or support action filed by a county attorney or authorized attorney, the parents may proceed with a parenting plan.

Sec.

16.

Original sections 43-104.15, 43-107, 43-512.04, 43-1402, 43-1404, 43-1405, and 43-1410, Reissue Revised Statutes of Nebraska, sections 43-101, 43-101.01, 43-102, 43-104, 43-104.08, 43-104.13, and 43-2924, Revised Statutes Cumulative Supplement, 2024, and section 43-1401, Revised Statutes Supplement, 2025, are repealed.

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