Nebraska § 43-104.11 Child born out of wedlock; father's relinquishment and consent; when effective

Nebraska Statutes

§ 43-104.11 — Child born out of wedlock; father's relinquishment and consent; when effective

Nebraska § 43-104.11

Ch. 43Infants and Juveniles

This text of Nebraska § 43-104.11 (Child born out of wedlock; father's relinquishment and consent; when effective) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 43-104.11 (2026).

Text

If the biological mother's affidavit, required by section  43-104.09 , identifies only one possible biological father of the child and states that there are no other possible biological fathers of the child, and if the named father executes a valid relinquishment and consent to adoption of the child in the form mandated by section  43-106  or executes a denial of paternity and waiver of rights in the form mandated by section  43-106 , the court may enter a decree of adoption pursuant to section  43-109  without regard to sections  43-104.12  to  43-104.16 . A named biological father's relinquishment and consent or a named biological father's waiver of rights is irrevocable upon signing and is not voidable for any period after signing. Such relinquishment and consent or such waiver of right

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If the biological mother's affidavit, required by section 43-104.09 , identifies only one possible biological father of the child and states that there are no other possible biological fathers of the child, and if the named father executes a valid relinquishment and consent to adoption of the child in the form mandated by section 43-106 or executes a denial of paternity and waiver of rights in the form mandated by section 43-106 , the court may enter a decree of adoption pursuant to section 43-109 without regard to sections 43-104.12 to 43-104.16 . A named biological father's relinquishment and consent or a named biological father's waiver of rights is irrevocable upon signing and is not voidable for any period after signing. Such relinquishment and consent or such waiver of rights may only be challenged on the basis of fraud or duress for up to six months after signing.

Legislative History

Source: Laws 1995, LB 712, § 4; Laws 1999, LB 594, § 15. Annotations: Other than the exceptions to the notification requirements, unless the biological father has executed "a valid relinquishment and consent... or... a denial of paternity and waiver of rights," the court may not enter a decree of adoption without determining that proper notification of parental rights has been provided. In re Adoption of Jaden M., 272 Neb. 789, 725 N.W.2d 410 (2006).