43-116. Validity of decrees.

372 words·~2 min read·/ne/chapter-43/43-116

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)When any court in the State of Nebraska has entered of record a decree of adoption prior to August 27, 1949, it shall be conclusively presumed that such adoption and all instruments and proceedings in connection therewith are valid in all respects notwithstanding some defect or defects may appear on the face of the record, or the absence of any record of such court, unless an action shall be brought within two years from August 27, 1949, attacking its validity.

(2)Except as otherwise provided in the Nebraska Indian Child Welfare Act, when any court in the State of Nebraska has entered of record a decree of adoption, it shall in like manner be conclusively presumed that the adoption and all instruments and proceedings in connection therewith are valid in all respects notwithstanding some defect or defects may appear on the face of the record, or the absence of any record of such court, unless an action is brought within two years from the entry of such decree of adoption attacking its validity.

Any action to set aside an adoption must be brought under this section. The matter of adoption is statutory, and the manner of procedure and terms are all specifically prescribed and must be followed. In re Adoption of Hemmer, 260 Neb. 827, 619 N.W.2d 848 (2000).

All instruments and proceedings connected with adoption are conclusively presumed valid unless decree is attacked within two years. Syrovatka ex rel. Syrovatka v. Graham, 190 Neb. 355, 208 N.W.2d 281 (1973).

After two years from entry of decree of adoption, there is conclusive presumption of validity of decree of adoption. Hiatt v. Menendez, 157 Neb. 914, 62 N.W.2d 123 (1954).

When a party claims that procedural defects affect the validity of an adoption decree and seeks relief within 2 years of the entry of the adoption decree, the county court has authority over the matter pursuant to this section. In re Adoption of Shaylynn V., 32 Neb. App. 642, 3 N.W.3d 398 (2024).

Natural parents are barred from collaterally challenging the adoption of their natural children once the statutory period of two years had passed for a direct appeal of the adoption order. Syrovatka v. Erlich, 608 F.2d 307 (8th Cir. 1979).