Summary
Nebraska law on OBC access is remarkably complex and confusing. Generally, access depends on the date of an adoptee’s relinquishment and also whether a birth parent—and sometimes even an adoptive parent—has affirmatively consented to disclosure or has filed a “nonconsent” form objecting to the OBC’s release. Here’s generally how access breaks down based on the date of an adopted person’s relinquishment:
- Prior to September 1, 1988: Adoptee may request an OBC, but access is contingent upon affirmative written consent of either one birth parent (if mother was unmarried) or both birth parents. Even if birth parent consent affirmatively exists, access may still be denied if an adoptive parent files a nonconsent form. A previously filed nonconsent form applies even after a birthparent’s death; this is known as a zombie veto.
- September 1, 1988, through July 20, 2002: Adoptees must be 21 years of age or older to request their OBC (previously it was 25 years of age). Birth parent consent to release the OBC is presumed unless a birth parent has filed a nonconsent form. Adoptive parents retain the power to veto the release of an OBC.
- After July 20, 2002: Same as adoptions occurring after September 1, 1988, but adoptive parents no longer have veto power over the release of an original birth certificate.
Relevant Nebraska Law: Original Birth Certificate
71-626.01. Adopted person; new birth certificate; conditions; contents; rules and regulations
(1) The department shall establish a new certificate of birth for a person born in the State of Nebraska whenever it receives any of the following:
(a) A report of adoption as provided in section 71-626 on a form supplied by the department or a certified copy of the decree of adoption together with the information required in such report, except that a new certificate of birth shall not be established if so requested in writing by the court decreeing the adoption, the adoptive parents, or the adopted person; or
(b) A report of adoption or a certified copy of the decree of adoption entered in a court of competent jurisdiction of any other state or nation declaring adopted a person born in the State of Nebraska, together with the information necessary to identify the original certificate of birth and to establish the new certificate of birth, except that a new certificate of birth shall not be established when so requested by the court decreeing the adoption, the adoptive parents, or the adopted person.
(2) The new certificate of birth for a person born in the State of Nebraska shall be on the form in use at the time of its preparation and shall include the following items in addition to such other information as may be necessary to complete the form:
(a) The adoptive name of the person;
(b) The names and personal particulars of the adoptive parents;
(c) The date and place of birth as transcribed from the original certificate;
(d) The name of the attendant, printed or typed;
(e) The same birth number as was assigned to the original certificate; and
(f) The original filing date.
The data necessary to locate the existing certificate and the data necessary to complete the new certificate shall be submitted to the department.
(3) When an adoptive certificate of birth is established, the actual place of birth and date of birth shall be shown. It shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption shall not be subject to inspection except (a) upon order of a court of competent jurisdiction, (b) as provided in sections 43-138 to 43-140, (c) as provided in sections 43-146.11 to 43-146.13, or (d) as provided by rules and regulations of the department. Upon receipt of notice that an adoption has been set aside, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction.
(4) Whenever a new certificate of birth is established by the department, all copies of the original certificate of birth in the custody of any custodian of permanent local records in this state shall be sealed from inspection.
(5) The department may adopt and promulgate such rules and regulations as are necessary and proper to assist it in the implementation and administration of section 71-626 and this section.
Relevant Nebraska Law: Access to Original Birth Certificate
Relevant law for adoptions occurring prior to September 1, 1988
43-130. Adopted person; request for information; form
Except as otherwise provided in the Nebraska Indian Child Welfare Act, an adopted person twenty-five years of age or older born in this state who desires access to the names of relatives or access to his or her original certificate of birth shall file a written request for such information with the department. The department shall provide a form for making such a request.
43-131. Release of information; procedure
(1) Upon receipt of a request for information, the department shall check the records of the adopted person making the request to determine whether the consent form provided by section 43-124 has been signed and filed by any relative of the adopted person and whether an unrevoked nonconsent form is on file from a biological parent or parents pursuant to section 43-132 or from an adoptive parent or parents pursuant to section 43-143.
(2) 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 or parents pursuant to section 43-143, the department shall release the information on such form to the adopted person.
(3) If no consent forms have been filed, or if the consent form has been revoked, and if no nonconsent form has been filed pursuant to section 43-143, the following information shall be released to the adopted person:
(a) The name and address of the court which issued the adoption decree;
(b) The name and address of the child placement agency, if any, involved in the adoption; and
(c) The fact that an agency may assist the adopted person in searching for relatives as provided in sections 43-132 to 43-141.
(4) The provisions of this section shall not apply to persons subject to the Nebraska Indian Child Welfare Act.
43-132. Biological parent; notice of nonconsent; filing
A biological parent or parents may at any time, if they desire, file a notice of nonconsent with the department stating that at no time after his or her death and prior to the death of his or her spouse, if such spouse is not a biological parent, may any information on the adopted person’s original birth certificate be released to such adopted person. The provisions of this section shall not apply to persons subject to the Nebraska Indian Child Welfare Act.
43-133. Biological parent; nonconsent form
The nonconsent form provided for in section 43-132 shall contain the following information:
(1) The name of the person completing the form and, if different, the name of such person at the time of birth of the adopted person;
(2) The relationship of the person to the adopted person;
(3) The date of birth of the adopted person;
(4) The sex of the adopted person;
(5) The place of birth of the adopted person;
(6) A statement that no information concerning the information contained in the original birth certificate of the adopted person shall be released following the death of the parent or parents signing the form and such information shall not be released to the adopted person prior to the death of the spouse of such parent or parents, if such spouse is not a biological parent; and
(7) A notice in the following form:
IMPORTANT NOTICE
You do not have to sign this form. If you do sign it, you are entitled to a copy of it. Your signature on this form means that the Department of Health and Human Services will not disclose any information contained on the birth certificate of the adopted person to any person following your death and prior to the death of your spouse, if such spouse is not a biological parent, without a court order. If you later decide that you do not object to the release of such information you may file a form stating that purpose.
43-134. Biological parent; revocation of nonconsent; form
At any time after signing the notice of nonconsent provided for in section 43-132, the parent or parents may revoke such notice. A form of revocation shall be provided by the department and shall take effect at the time of filing of the form with the department. The revocation form shall contain the following notice:
IMPORTANT NOTICE
You do not have to sign this form. If you do sign it, you are entitled to a copy of it. Your signature on this form means that the Department of Health and Human Services may disclose any information contained on the birth certificate of the adopted person following your death. If you sign this form and later decide you do not want this information released following your death and prior to the death of your spouse, if such spouse is not a biological parent, you may file another form for that purpose.
43-135. Biological parent; deceased; release of information
If the department has information indicating that both biological parents of the adopted person are deceased, or if only one biological parent is known and information indicates that such parent is deceased, and no nonconsent form, as provided in section 43-132 or 43-143, has been filed, all information on the adopted person’s original birth certificate regarding such deceased parent or parents shall be released to the adopted person notwithstanding the fact that no consent form was signed and filed by such deceased parent or parents prior to death.
43-136. Release of original birth certificate; when
If a consent form has been signed and filed by both biological parents or by the biological mother of a child born out of wedlock, and no nonconsent form, as provided in section 43-143, has been filed, a copy of the adopted person’s original birth certificate shall be provided to the adopted person.
Relevant law for adoptions occurring after September 1, 1988
43-106.02. Relinquishment of child; presentation of nonconsent form required
Prior to the relinquishment of a child for adoption, a representative of the Department of Health and Human Services or of any child placement agency licensed by the department or an attorney and a witness shall present a copy or copies of the nonconsent form as provided in section 43-146.06 to the relinquishing parent or parents and explain the effects of signing such form.
43-146.04. Adopted person; request for information; form
An adopted person twenty-one years of age or older born in this state who desires access to the names of relatives or access to his or her original certificate of birth shall file a written request for such information with the department. The department shall provide a form for making such request.
43-146.05. Release of information; procedure.
(1) Upon receipt of a request for information made under section 43-146.04, the department shall check the records of the adopted person to determine whether an unrevoked nonconsent form is on file from a biological parent pursuant to section 43-146.06.
(2) If no nonconsent form has been filed pursuant to section 43-146.06, the following information shall be released to the adopted person:
(a) The name and address of the court which issued the adoption decree;
(b) The name and address of the child placement agency, if any, involved in the adoption;
(c) The fact that an agency or the department may assist the adopted person in searching for relatives as provided in sections 43-146.10 to 43-146.14;
(d) A copy of the person’s original birth certificate; and
(e) A copy of the person’s medical history and any medical records on file.
(3) If an unrevoked nonconsent form has been filed pursuant to section 43-146.06, no information may be released to the adopted person except a copy of the person’s medical history as provided in section 43-107 if requested. The medical history shall not include the names of the biological parents or relatives of the adopted person or any other identifying information.
43-146.06. Biological parent; notice of nonconsent; filing; failure to sign; effect
A biological parent may at any time file a notice of nonconsent with the department stating that at no time prior to his or her death may any information on the adopted person’s original birth certificate or any other identifying information, except medical histories as provided in section 43-107, be released to such adopted person. Failure by a biological parent to sign the notice of nonconsent shall be deemed a notice of consent by such parent to release the adopted person’s original birth certificate to such adopted person.
Relevant law for adoptions occurring before July 20, 2002
§ 43-143. Adoptive parent; notice of nonconsent; filing
For adoptions in which the relinquishment or consent for adoption was given prior to July 20, 2002: An adoptive parent or parents may at any time, if they desire, file a notice of nonconsent with the department 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. The provisions of this section shall not apply to persons subject to the Nebraska Indian Child Welfare Act.
Are there any changes in the works for Nebraska?
I’m not aware of any recent activity in Nebraska around adoptee rights.
Lisa, the short substantive answer for you is no way José…. nor it there likely to be without a bolt of thunder hurled from the heavens above to the body of corn-fed dung-inhaling legislators … and the agents who wish to deny all adoptees their Constitutional Rights to Equal Justice/Treatment under the law. The only thing they’ve changed in the past gazelle-ion years is the age of the requesting adoptee (from 25 to 21 years).
NY State has some serious draconian Dickensian laws on the books for sure, but the NYS hasn’t a candle light on the state of NE, a state that allows children up to the age of majority to be left off at an abattoir or spca or hay stack with impunity and allows not only birth parent(s) to sign non-consent documents but adoptive parents as well which keep all personal information under lock and key until death do us and they part. Adoptees of NE are treated worse than the horses at AK_SAR_BEN; unlike the horses, we are considered to be minors for the whole of our lives.
The state and I have been at war for well into the 6th decade of my life as I insist upon my rights and they continue to resist and control me. I have far more information than they ever had on file concerning me and my siblings and my parents… and my up to 10th century Ancestors. I have my OBC which they never had since I was not born in NE (thank heavens!) 0but it took many years to track it down … fortunately Ohio has much better understanding of adoptees need for identity and if not reunion, for knowledge that is not false. Most adoptees don’t realize that an OBC will not be on file if he/she were not born in the adoption state. I had enough memory to track down my OBC; unfortunately my sister who is much younger than I has no memory, so sh cannot even begin to search-if she finally understands that she was adopted. I pray she will have her DNA test done… At any rate, good luck…
Lisa:
We are working with an Omaha senator to get some changes. Most of the adoption laws have been changed and are in good shape, but are not retroactive enough to help those adopted before 1988. We are also striving to give biological parents to right to get a copy of the ORIGINAL, not the adoptive, birth certificate, which at the present time is not allowed, for no apparent reason. We have a meeting set up in July with the legislator to pursue this and other issues. Time moves slowly…
Please check out a resource on our Facebook page, Nebraska Adoption Reform.
Best wishes,
Rick Houchin
I have my husband’s family wanting to open the adoption file of their deceased mother. She was born in Nebraska. Is this possible? The adoptee died at the age of 84 and there is no possible way that her parents are still living. Her adoptive parents are also deceased. Any suggestions?
That may be tricky. I will email you with a more thorough response.
Michelle, the family must be immediate-a child, not extended. A petition can be made to the court which handled the adoption.. If the county is known, they can do a web search for the court and its contact information. the adopting court can give you explicit information on what to provide -documents, history, etc. Please know that NE purges files and does not microfiche or digitalize. When I petitioned for my files one of the 2 courts involved had already purged the file … and the second had only scant documentation left … the final adoption decree was all that remained. Your husband’s case will be different because I petitioned for MY documents to which I have a right, where as he or his sibs or other family are not directly involved with their mother’s adoption despite being children of the deceased. NE and its draconian laws concerning adoptees reminds me of my favorite Dickensian line which says-in paraphrase-‘If the law supposes that adoptees have no rights, the Law, Sir, is an Ass…!’ Adoptees’ children have far less right…
My brother-in-law, born in Nebraska in 1933, wants to trace his ancestry, however his mother had his birth records closed in 1953. He does not know the identity of his father and his mother is deceased. Does he need a court order to open his birth files?
My biological sister and I were adopted via Child Saving Institute in Omaha in August of 1948. Both adoptive parents are deceased. We have all the adoption papers. We know our birth names. I researched the archives of the Omaha World Herald and found a couple (same family name) that had a girl and a boy on the same birth dates…so thought we had the correct birth names of parents. Did the AncestryDNA test for me…and a friend’s sister “went to town” with it on the Ancestry website. She found a lady who was searching for a girl (with my sister’s exact name) from Omaha. Long story short… have found the birth family. Birth mother died in 2012…only 80 miles away from me on the Gulf Coast. Can find NOTHING on birth father….nada…zilch, because we have no date of birth or SS#. In light of the above facts, how difficult will it be to get the “seal adoption files” opened????? Thanks for reading. 😀
Nice work! You should be able to obtain the birth certificate if you can show that the parent(s) are deceased (or, at least then you can get “information on the adopted person’s original birth certificate regarding such deceased parent.”). Have you tried yet to apply to the Nebraska Department of Health and Human Services to see what they say? The form is here. You would be best to include a copy of your birthmother’s death certificate to show she is deceased. The current law states, for those adoptions prior to September 1, 1988:
Hello, Kenneth.
It may be kismet for me to have seen your message to Greg. First let me wish you and your sister he best of luck in retrieving what legally should be yours to retrieve-the original birth certificates. Nothing is easy in Nebraska -especially for adoptees.
(One thing that might help you out is to file a petition with the court of adoption for access to your adoption files, and by extension your birth certificate. However, the courts have been purging files-without microfiche or digitalization, so the adoption files my be destroyed by now.
DHHS is now collectivized into a state agency located in Lincoln, # available: 402-471-9254. They are not very helpful … but then this is Nebraska..
Also, if you are not born in NE there will not be an OBC in vial Statistics-and they won’t tell you that…)
You, your sister and I are of the same generation. I and my younger sister were abandoned in Douglas county NE dog pound in 1948… I was a little more than 2 years old -with a long memory-and my sister was about 6 to 7 mos old. We were immediately separated and I have not seen her since were pulled apart -literally. NE to this day refuses to give me any information about her… and are none too pleased to know that I was able to locate and retrieve my own OBS-with a lot of effort and a woman in Ohio’s Dept of Vital Statistics who was willing to go beyond the letter o the law… this in 1982.
I have tried to find a police report or a news paper account regarding the two abandoned girls … there is nothing in the OWH that we can find. I am still trying to piece together the steps from the pound to the adoption 3 1/2 years later. A woman in the NE Historical Agency (Lincoln) has been searching for me, but so far nothing has turned up.
No one I have spoken with ever mentioned th Child Saving Institute to me , so I am wondering if you could provide me with contact information for this institution? .
Thank you in advance for any information you may have .
Hello. I was born in Nebraska, but adopted in Wyoming. What recommendations do you have? I am searching for biological family for health reasons. I also want to have a relationship with my other siblings out there.
My friend was born in Nebraska. She was adopted there following her birth. The hospital she was born at is closed. She would like to at least obtain medical info on her birth parents as she had recurring issues with her lungs. It would be beneficial to know if it is hereditary. More info would be great as well, but medical is important. Can you offer any advice?
I actually did get all the requisite docs to send to NE Vital Stats…and when they find my grandmother’s file (born 1913), it was empty.
Even more confusing was the same response from the adoption agency, Child’s Savings Institute…file found, but nothing in it.
So I had helpful people and everything was a green light…but I still got nothin’. Ugh!
After I did my DNA test, I was able to provide info of who my birth parents were and they were both deceased. They released my original birth certificate. Now to get my actual file opened. Sally, you might not be able to obtain anything unfortunately. They purge the files and destroy them after a number of years. You’re best route may be doing the DNA test. Hope this helps.
Wow! That makes some sense as to why the files could be empty. It does seem odd though when it’s vital stats and all. It at least sheds light on the issue. Thanks for your response!
And DNA tests are done. Have most likely figured out the birth father but the leads I have for birth mother are tenuous. Matches aren’t responding. Ugh.
Best of luck on your search!
My husband is a Late Discovery Adoptee. He discovered two years ago, via DNA test, that he was adopted. Something his adoptive parents quickly denied. However, we were fortunate enough at the time to file a form with health department and receive at least the “your adoption was closed and private” letter. No lawyer listed. We know very little about his story. He just wants to know the process of an adoption in 1975. His birth mother was told he was adopted through the catholic church. His adoptive mother says her doctor called her and said he had a baby for her if she wanted him. She claims no paperwork was given to her about him–she simply was delivered a baby by a “Man and woman”. However, we do know the two families knew of each other. His whole life he was told he was born and moved at 6 months old. We have since learned he moved at 18 months. There’s a whole year of his life his parents wanted him to not know about. We don’t know why. He was delivered at 2 days old to his parents. They claim they had no clue where he came from just that they wanted him and the other family didn’t. No adoption decree or nothing. He has received his OBC. He was told by a judge “he didn’t need anything more.” Vital records sent him an email on behalf of his adoptive mother (who called and asked them to confirm that she didn’t receive a decree nor would receive any paperwork on him). His adoptive mother is now saying she had to go through a painful interview with child services. He’s just trying to understand the adoption process. What would have happened to adopt a child in 1975, if the adoption was arranged by a priest or doctor, through a private lawyer? He just wants to know his story. He knows he won’t get it all–but some understanding of the process may help.
Hello, my husband was adopted at two days old in Fremont, Nebraska in 1978. He has recently shown interest in learning of his adoption and his birth parents. Where should we begin looking and is this even possible if the birth parents don’t want the information released? Would we be able to atleast gain a medical history?
My Nebraska adoption story begins in 1970. I was 7 yrs old when I was adopted to a horrible woman and her husband. My bio mom signed relinquishment forms. She was illiterate and my aunt tricked her into believing she was signing permission to take me on vacation forms.
My father was a career Navy man who did try to save me. My bio mom amended my birth certificate before my adoption. She changed the surname spelling so my dad could do nothing. I have been trying to get my OBC since I was 21. I am now 56, and still don’t have it. Mom still lives and has moved to Iowa. Dad is gone. He passed Sept. 20, 2007. 2 days before my 44th birthday. I did 2 DNA tests to find my answers. I found my maternal half sisters and my paternal half brother. I had no idea dad had a son, so that was a fantastic find. My half siblings and I are in contact with each other now. I absolutely love them. The benifit of finding my sister is, once mom dies she can get her death certificate! Then I can get my OBC! Sounds horrible, but I hope that comes sooner than later. I found my mother in 1984 the old fashioned way. She has had every opportunity to tell me the truth. Two years ago I told her to never speak to me again. She tried to make my dad out to be the bad guy, when in fact it was herself who caused everyone problems. Of course, I had to confront her with the lies she told me. Then she got mad at me.
Good luck to everyone trying to get their OBCs in the state of Nebraska! It’s just not going to happen!
Carol,
If you can prove who both your parents are, then they can and will release your OBC. I also did my DNA to find out who they were. I provided the info and they indeed released by OBC. I’ve been waiting and searching for over 35 years. Glad it’s over.
I have a question. I am wanting to get my adoption records from the Nebraska Court. Both of my adoptive parents are deceased, and unsure if my biological parents are. How can I go about getting my records. They are currently sealed.