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Everyone in the family has a role to play in the Nebraska stepparent adoption process: the biological parent who the child lives with, the minor child (if 14 or older), the court who ordered child support, the absent parent and the stepparent all have work to do.
The custodial biological parent’s role in making the stepparent adoption process successful is signing two documents: the consent to adoption and the affidavit of identification.
The consent to adoption
In signing this legal document, the biological parent is agreeing to his/her spouse adopting the minor child. Nebraska Law requires that the biological parent who the child lives with agree to the stepparent adoption in writing.
The affidavit of identification
This legal document serves to identify who the biological father of the minor child is. This is a very important legal document and giving false information on the document equals perjury which is a punishable crime.
To illustrate how important this document is, I will explain it based on a scenario I have encountered in my law office.
In the scenario, the biological mother separated from her husband, but they never legally divorced. She became pregnant with her boyfriend and the boyfriend’s name was listed on the birth certificate. In this scenario, because she was still legally separated at the time of the child’s birth, her husband is considered the legal father by operation of law. But because her boyfriend’s name is listed on the birth certificate, the boyfriend is also recognized as a legal father.
In this case, on the affidavit of identification, the biological mother must name both of these “fathers” as possible biological fathers, and both of them must be notified of the stepparent adoption and agree to the adoption.
This is the case no matter how many possible biological fathers there are. All of them must be identified, located and notified about the stepparent adoption.
It is important to understand this because if a possible father is not properly notified about the stepparent adoption, and finds out about it later, he can fight to nullify the entire stepparent adoption.
The biological parent’s role in the stepparent adoption process is important as it gives pertinent information requires to complete the stepparent adoption successfully.