Stepparent Adoption in Nebraska
Reviewed by DocDraft Legal Team - Nebraska - Last updated October 6, 2026
In Nebraska a stepparent adoption is filed with the clerk of the county court in the county where the adopting spouses live, and Neb. Rev. Stat. 43-101(4) requires the parent married to the stepparent to join in the petition. The other parent must give written consent under Neb. Rev. Stat. 43-104(1)(b) unless an exception in 43-104(4) applies; the one most stepparents look at is a parent who abandoned the child for at least six months next preceding the filing of the adoption petition. Under Nebraska Supreme Court decisions, the county court must find that abandonment on clear and convincing evidence of a settled purpose to be rid of all parental obligations and to forego all parental rights, and under 43-103 the court may require notice to that parent. A child over fourteen years of age must also consent in writing. No adoptive home study is required for a stepparent unless the court orders one, and the decree waits until the child has lived with the petitioners for at least six months.
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Where are you with adopting your stepchild?
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Can a stepparent adopt in Nebraska without the other parent's consent?
Sometimes. Neb. Rev. Stat. 43-104(4)(b) excuses a parent who abandoned the child for at least six months next preceding the filing of the petition. Nebraska Supreme Court decisions require clear and convincing evidence of a settled purpose to be rid of all parental obligations and to forego all parental rights. The court may order notice under 43-103.
Which court and which form are used for a stepparent adoption in Nebraska?
File with the clerk of the county court in the county where you and your spouse live, under Neb. Rev. Stat. 43-102(2). The Nebraska Judicial Branch self-help forms do not include an adoption petition, so ask the county court clerk which local forms it uses and prepare a petition that you both sign and swear to.
Is a home study required for a stepparent adoption in Nebraska?
Not automatically. Neb. Rev. Stat. 43-107(1)(b) says an adoptive home study shall not be required when the petitioner is a stepparent unless the court requires it. The same subdivision directs the judge to order a national criminal history check and a central registry check, and no decree issues until those records are on file.
At what age must the child consent to a stepparent adoption in Nebraska?
Neb. Rev. Stat. 43-104(1)(a) requires a written consent from the minor child if over fourteen years of age, filed with the county court before the hearing. The statute states no exception to that consent. The court may also require that a child over fourteen receive notice of the hearing under 43-103.
Nebraska's six month abandonment rule and the county court
Nebraska adoptions are filed with the clerk of the county court, and under Neb. Rev. Stat. 43-102(2) the county court of the county in which the persons adopting reside has jurisdiction; a juvenile court that already has jurisdiction over the child shares it. Neb. Rev. Stat. 43-101(1)(b) lets the spouse of a child's parent adopt, and 43-101(4) requires that parent to join in the petition, so the couple petitions jointly. The Nebraska Judicial Branch self-help forms do not include an adoption petition, so the county court clerk is the place to ask about local forms. The other parent's written consent is required by 43-104(1)(b) unless 43-104(4) applies: the parent relinquished the child by a written instrument, abandoned the child for at least six months next preceding the filing of the adoption petition, had parental rights terminated by a court of competent jurisdiction, or is incapable of consenting. Abandonment is decided by the county court, and Nebraska Supreme Court decisions require clear and convincing evidence that the parent acted with a settled purpose to be rid of all parental obligations and to forego all parental rights; conduct outside the six months can be weighed in judging that intent. Under 43-103 the court may require notice of the hearing to the natural parents, served like a civil summons or by publication for three successive weeks. When a parent's consent cannot be given, 43-105(1)(c) provides for substitute consent by a court-appointed guardian or guardian ad litem. A child over fourteen years of age must consent under 43-104(1)(a). No adoptive home study is required for a stepparent unless the court orders one under 43-107(1)(b), and 43-109(1)(a) bars the decree until the child has lived with the petitioners for at least six months.
Relevant Laws
Neb. Rev. Stat. 43-104 (Consent required; exceptions)
Requires written consents from the minor child if over fourteen years of age and from the child's parents as listed in 43-104(1)(b). Under 43-104(4), consent is not required of a parent who relinquished the child by a written instrument, abandoned the child for at least six months next preceding the filing of the adoption petition, had parental rights terminated by a court of competent jurisdiction, or is incapable of consenting.
Neb. Rev. Stat. 43-105 (Substitute consents)
When consent cannot be given as provided in 43-104, consent is given by a court-appointed guardian or guardian ad litem of the child, authorized by the court with jurisdiction over that guardian. Under Nebraska Supreme Court decisions, such as In re Adoption of Simonton (1982), abandonment under 43-104(4)(b) must be proved by clear and convincing evidence of a settled purpose to be rid of all parental obligations and to forego all parental rights.
Neb. Rev. Stat. 43-107 (Adoptive home studies)
Subdivision (1)(b) states that an adoptive home study shall not be required when the petitioner is a stepparent of the adoptee unless required by the court. It also directs the judge to order a national criminal history record check and a central registry check at the petitioner's cost, and no decree issues until those records are on file.
Neb. Rev. Stat. 43-102 (Petition, court, and filings)
The petition must be signed and sworn to by the persons adopting and filed with the clerk of the county court. The county court of the county in which they reside has jurisdiction, shared with a juvenile court that already has jurisdiction over the child. Consents, or a certified copy of any termination order relied on, must be filed before the hearing.
Regional Variances
Nebraska stepparent adoption requirements
Court
County court of the county in which the persons adopting reside, with filings made with the clerk of the county court; a juvenile court that already has jurisdiction over the child has concurrent jurisdiction (Neb. Rev. Stat. 43-102(2)).
Petition form
No statewide adoption petition form among the Nebraska Judicial Branch self-help forms. The petition must be signed and sworn to by the persons adopting (43-102(1)); ask the county court clerk about local forms.
Other parent's consent
Written consent from the child's parents as listed in 43-104(1)(b), unless a 43-104(4) exception applies. The stepparent's spouse must join in the petition (43-101(4)).
Proceeding without consent
43-104(4)(b): the parent abandoned the child for at least six months next preceding the filing of the adoption petition. Nebraska Supreme Court decisions require the county court to find it on clear and convincing evidence of a settled purpose to be rid of all parental obligations and to forego all parental rights; the court may require notice under 43-103. Other 43-104(4) grounds: written relinquishment, a prior court termination order (certified copy filed, 43-102(1)(f)), or incapacity to consent. Substitute consent under 43-105(1)(c).
Home study
Not required for a stepparent unless the court requires it (43-107(1)(b)). The judge orders a national criminal history check and a central registry check at the petitioner's cost before any decree.
Residency or waiting period
Child must have resided with the petitioners for at least six months next preceding the decree (43-109(1)(a)). Hearing set four to eight weeks after filing (43-103). The adoption statutes set no minimum marriage length.
Child's consent age
Written consent of the minor child if over fourteen years of age (43-104(1)(a)); the statute states no exception.
Suggested Compliance Checklist
Decide the consent route for the other parent
Before filing days after startingAsk for written consent first. If you will rely on 43-104(4)(b), gather proof covering the six months next preceding the filing of the petition, plus earlier and later conduct that shows intent, such as contact records and support history. Nebraska Supreme Court decisions require the county court to find abandonment by clear and convincing evidence of a settled purpose to be rid of all parental obligations and to forego all parental rights. Serve any notice the court requires under 43-103.
File the joint petition with the county court clerk
At filing days after startingFile a petition signed and sworn to by you and your spouse with the clerk of the county court where you reside, with the information needed for the report of adoption under 71-626. Ask the clerk about local forms and the filing fee.
Complete the background checks and any ordered home study
Before the decree days after startingRequest the national criminal history check through the Nebraska State Patrol and the central registry check as the judge orders under 43-107(1)(b), and complete a home study only if the court requires one. Make sure any notice the court orders under 43-103 is served before the hearing.
Gather the written consents
Before the hearing days after startingCollect the signed consents of the other parent, unless a 43-104(4) ground applies, and of a child over fourteen years of age. Under 43-102(1) the consents, or a certified copy of any termination order relied on, must be filed before the hearing.
Confirm the child's new name and update records
After the final decree days after startingUnder 43-109(3) the court may decree the name change you request, so list the new name in the petition. Order certified copies of the decree for schools, Social Security, and passports while the adoptive birth certificate is prepared. A separate name change petition is needed only for name changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Decide the consent route for the other parent | Ask for written consent first. If you will rely on 43-104(4)(b), gather proof covering the six months next preceding the filing of the petition, plus earlier and later conduct that shows intent, such as contact records and support history. Nebraska Supreme Court decisions require the county court to find abandonment by clear and convincing evidence of a settled purpose to be rid of all parental obligations and to forego all parental rights. Serve any notice the court requires under 43-103. | - | Before filing |
| File the joint petition with the county court clerk | File a petition signed and sworn to by you and your spouse with the clerk of the county court where you reside, with the information needed for the report of adoption under 71-626. Ask the clerk about local forms and the filing fee. | - | At filing |
| Complete the background checks and any ordered home study | Request the national criminal history check through the Nebraska State Patrol and the central registry check as the judge orders under 43-107(1)(b), and complete a home study only if the court requires one. Make sure any notice the court orders under 43-103 is served before the hearing. | - | Before the decree |
| Gather the written consents | Collect the signed consents of the other parent, unless a 43-104(4) ground applies, and of a child over fourteen years of age. Under 43-102(1) the consents, or a certified copy of any termination order relied on, must be filed before the hearing. | - | Before the hearing |
| Confirm the child's new name and update records | Under 43-109(3) the court may decree the name change you request, so list the new name in the petition. Order certified copies of the decree for schools, Social Security, and passports while the adoptive birth certificate is prepared. A separate name change petition is needed only for name changes outside the adoption. | name-change-petition | After the final decree |
Frequently Asked Questions
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