§ 43-109 — Decree; conditions; content

Nebraska § 43-109

• Jurisdiction: Nebraska
• Ch. 43: Infants and Juveniles

Text

(1) If, upon the hearing, the court finds that such adoption is for the best interests of such minor child or such adult child, a decree of adoption shall be entered. No decree of adoption shall be entered unless:
(a) It appears that the child has resided with the person or persons petitioning for such adoption for at least six months next preceding the entering of the decree of adoption, except that such residency requirement shall not apply in an adoption of an adult child;
(b) The medical histories required by subsection (2) of section 43-107 have been made a part of the court record;
(c) The court record includes an affidavit or affidavits signed by the relinquishing biological parent, or parents if both are available, in which it is affirmed that, pursuant to section 43-106.02 , prior to the relinquishment of the child for adoption, the relinquishing parent was, or parents if both are available were:
(i) Presented a copy or copies of the nonconsent form provided for in section 43-146.06 ; and
(ii) Given an explanation of the effects of filing or not filing the nonconsent form; and
(d) If the child to be adopted is committed to the Department of Health and Human Services, the document required by subsection (3) of section 43-107 is a part of the court record.
(2) If the adopted child was born out of wedlock, that fact shall not appear in the decree of adoption.
(3) The court may decree such change of name for the adopted child as the petitioner or petitioners may request.

Legislative History

Source: Laws 1943, c. 104, § 7, p. 351; R.S.1943, § 43-109; Laws 1984, LB 510, § 4; Laws 1985, LB 255, § 22; Laws 1988, LB 372, § 2; Laws 1988, LB 301, § 8; Laws 1989, LB 231, § 2; Laws 1999, LB 594, § 19; Laws 2011, LB94, § 2; Laws 2012, LB768, § 2; Laws 2022, LB741, § 25. Annotations: In determining whether adoption is in a child's best interests, a court may consider the effect of adoption on preexisting family attachments and weigh the alternative of continuing the status quo of a guardianship. In re Adoption of Faith F., 313 Neb. 491, 984 N.W.2d 640 (2023). Reducing best interests to whether the first person to the courthouse with an adoption petition is good enough to carry out parental responsibilities for a child is inconsistent with the comprehensive and individualized consideration traditionally expected of trial courts in determining a child's best interests. In re Adoption of Faith F., 313 Neb. 491, 984 N.W.2d 640 (2023). The best interests of the child who is the subject of an adoption petition must remain a flexible and unique determination based on specific evidence relating to that child. In re Adoption of Faith F., 313 Neb. 491, 984 N.W.2d 640 (2023). The issue of the children's best interests in the context of adoption is within the dominion of the county court. Smith v. Smith, 242 Neb. 812, 497 N.W.2d 44 (1993). A decision as to whether or not to permit adoption is required to be based on the best interests of the child. Nebraska Children's Home Soc. v. Collins, 195 Neb. 531, 239 N.W.2d 258 (1976). Child must reside with adoptive parents at least six months preceding the rendition of decree. Hiatt v. Menendez, 157 Neb. 914, 62 N.W.2d 123 (1954). Decree of adoption should be granted only if it will be for best interests of child. Krell v. Jenkins, 157 Neb. 554, 60 N.W.2d 613 (1953).