State Laws and Legislation

Nebraska Adoption Law

Permits single LGBT individuals to petition to adopt? Yes.
Nebraska law allows any adult person, persons or husband and wife jointly to petition to adopt. NEB. REV. STAT. § 43-101.

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
Note that the adoption statute allows for adoption by “any adult person or persons,” with a qualification that married couples must jointly adopt.  Such language arguably allows unmarried couples to jointly adopt (as “persons”).  However, in In re Adoption of Luke, Nebraska argued that the adoption statutes do not allow “two non-married persons to adopt a minor child, no matter how qualified they are.”  The issue was not presented to the county court, though, and so the Supreme Court of Nebraska declined to consider the argument.  Accordingly, no state court has decided whether or not same-sex couples are allowed to jointly petition to adopt.  In re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002)

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No.
A same-sex partner can not adopt the partner’s child without terminating the other partner’s parental rights. In re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002)


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Updated: Thu, December 10, 2009 - 12:00:19