| Nebraska Adoption Laws page #8 of 8 |
Nebraska
Who May Access Information
Citation: Rev. Stat. §§ 43-128; 43-130; 43-146.02; 43-146-04
Medical history shall be provided to:
• The adoptive parents.
• The adopted person.
Identifying information is available to:
• For adoptions finalized prior to 9-1-1998, an adopted person who is age 25 or older.
• For adoptions finalized on or after 9-1-1998, an adopted person who is age 21 or older.
Access to Nonidentifying Information
Citation: Rev. Stat. §§ 43-128; 43-146.02
A child-placing agency, the Department of Health and Human Services, or a private agency handling the adoption shall maintain and shall provide to the adopting parents upon placement of the child and to the adopted person, upon his or her request, the available medical history of the person placed for adoption and of the birth parents. The medical history shall not include the names of the birth parents of the adopted person or any other identifying information.
Mutual Access to Identifying Information
Citation: Rev. Stat. §§ 43-131; 43-146.05
For adoptions finalized prior to 9-1-1998: Upon a request for information, the department shall check the records of the adopted person to determine whether a consent form has been signed and filed by any relative and whether an unrevoked nonconsent form is on file from a birth parent or an adoptive parent. If the consent form has been signed and filed and has not been revoked and if no nonconsent form has been filed by an adoptive parent, the department shall release the information to the adopted person. If no consent forms have been filed, or if the consent form has been revoked, and if no nonconsent form has been filed, the following information shall be released to the adopted person:
• The name and address of the court that issued the adoption decree.
• The name and address of any child-placing agency involved in the adoption.
• The fact that an agency may assist the adopted person in searching for relatives.
For adoptions finalized on or after 9-1-1998: Upon a request for information, the department shall check the records of the adopted person to determine whether an unrevoked nonconsent form is on file from a birth parent. If no nonconsent form has been filed, the following information shall be released to the adopted person:
• The name and address of the court that issued the adoption decree.
• The name and address of any child-placing agency involved in the adoption.
• The fact that an agency or the department may assist the adopted person in searching for relatives.
• A copy of the person’s original birth certificate.
• A copy of the person’s medical history and any medical records on file.
If an unrevoked nonconsent form has been filed, no information may be released to the adopted person except a copy of the person’s medical history if requested. The medical history shall not include the names of the birth parents or relatives of the adopted person or any other identifying information.
Access to Original Birth Certificate
Citation: Rev. Stat. §§ 43-130; 43-136; 43-143; 43-146.04
For adoptions finalized prior to 9-1-1998, an adopted person who is age 25 or older may file a written request for the original birth certificate. For adoptions finalized on or after 9-1-1998, an adopted person who is age 21 or older may request the original birth certificate. If a consent form has been signed and filed by both birth parents, or by the birth mother of a child born out of wedlock, and no nonconsent form has been filed, a copy of the adopted person’s original birth certificate shall be provided to the adopted person. For adoptions finalized prior to 7-20-2002, an adoptive parent or parents may at any time file a notice of nonconsent stating that at no time prior to his or her death or the death of both parents if each signed the form may any information on the adopted person’s original birth certificate be released to such adopted person.
Where the Information Can Be Located:
Nebraska Department of Health and Human Services
Nebraska Vital Records Information
Official Nebrska Government Website
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information
Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/infoaccessap.cfm.
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