43-104.15. Child born out of wedlock; notification to biological father; exceptions.
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/ne/chapter-43/43-104-15A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The notification procedure set forth in sections 43-104.12 to 43-104.14 shall, whenever possible, be completed prior to a child being placed in an adoptive home. If the information provided in the biological mother's affidavit prepared pursuant to section 43-104.09 presents clear evidence that providing notice to a biological father or possible biological father as contemplated in sections 43-104.12 to 43-104.14 would be likely to threaten the safety of the biological mother or the child or that conception was the result of sexual assault or incest, notice is not required to be given.
If the biological father or possible biological fathers are not given actual or constructive notice prior to the time of placement, the agency or attorney shall give the adoptive parent or parents a statement of legal risk indicating the legal status of the biological father's parental rights as of the time of placement, and the adoptive parent or parents shall sign a statement of legal risk acknowledging acceptance of the placement, notwithstanding the legal risk.
This section permits the State to approve out-of-state placement with prospective adoptive parents without the biological father's consent or notification if the prospective adoptive parents have signed an at-risk placement form. Ashby v. State, 279 Neb. 509, 779 N.W.2d 343 (2010).