43-106.01. Relinquishment; relief from parental duties; no impairment of right to inherit.

When a child shall have been relinquished by written instrument, as provided by sections 43-104 and 43-106, to the Department of Health and Human Services or to a licensed child placement agency and the agency has, in writing, accepted full responsibility for the child, the person so relinquishing shall be relieved of all parental duties toward and all responsibilities for such child and have no rights over such child. Nothing contained in this section shall impair the right of such child to inherit.

Source

Annotations

1. Revocation of relinquishment

2. Miscellaneous

1. Revocation of relinquishment

Relinquishment of a child may be effectively revoked within a reasonable time after its execution before the child placement agency has, in writing, accepted full responsibility for the child. Kellie v. Lutheran Family & Social Service, 208 Neb. 767, 305 N.W.2d 874 (1981).

A voluntary relinquishment in accordance herewith, and accepted, is not revocable. Kane v. United Catholic Social Services, 187 Neb. 467, 191 N.W.2d 824 (1971).

A duly executed revocation of a relinquishment and consent to adoption delivered to a licensed child placement agency within a reasonable time after execution of the relinquishment and before the agency has, in writing, accepted full responsibility for the child, as required by statute, is effective to invalidate the original relinquishment and consent. In re Interest of Nery V. et al., 20 Neb. App. 798, 832 N.W.2d 909 (2013).

There are four requirements for a valid and effective revocation of a relinquishment of parental rights: (1) There must be a duly executed revocation of a relinquishment, (2) the revocation must be delivered to a licensed child placement agency or the Nebraska Department of Health and Human Services, (3) delivery of the revocation must be within a reasonable time after execution of the relinquishment, and (4) delivery of the revocation must occur before the agency has, in writing, accepted full responsibility for the child. In re Interest of Nery V. et al., 20 Neb. App. 798, 832 N.W.2d 909 (2013).

When a parent's attempted revocation of his or her relinquishment of parental rights is not done in a reasonable time after the relinquishment, the relinquishment becomes irrevocable. In re Interest of Nery V. et al., 20 Neb. App. 798, 832 N.W.2d 909 (2013).

2. Miscellaneous

A court cannot accept a voluntary relinquishment of a child prior to an adjudication and an adoption of a permanency plan. In re Interest of Cornelius K., 280 Neb. 291, 785 N.W.2d 849 (2010).

A juvenile court may order the Department of Health and Human Services to accept a voluntary relinquishment of parental rights when a child has been adjudicated and adoption is the permanency objective. In re Interest of Gabriela H., 280 Neb. 284, 785 N.W.2d 843 (2010).

In an agency adoption, the rights of the relinquishing parent are terminated when the agency accepts responsibility for the child in writing, and once the agency accepts such responsibility, the agency retains custody until such time as the child is actually adopted; whereas in a private adoption, the child is relinquished directly into the hands of the prospective adoptive parents without interference by the state or a private agency, and the relinquishing parent's rights are not totally extinguished until the child has been formally adopted by the prospective parents. Gomez v. Savage, 254 Neb. 836, 580 N.W.2d 523 (1998).

The statute requires both a written relinquishment and a written acceptance. D.S. v. United Catholic Soc. Servs., 227 Neb. 654, 419 N.W.2d 531 (1988).

The legislative intent as to the finality of a child relinquishment is not the same in the case of a private placement, governed by section 43-111, R.R.S.1943, as it is in an agency placement, governed by section 43-106.01, R.R.S.1943. Gray v. Maxwell, 206 Neb. 385, 293 N.W.2d 90 (1980).

Child which received inheritance from adoptive parents may also receive inheritance from natural parents. Wulf v. Ibsen, 184 Neb. 314, 167 N.W.2d 181 (1969).

The rights of the relinquishing parent are terminated when the Nebraska Department of Health and Human Services, or a licensed child placement agency, accepts responsibility for the child in writing. In re Interest of Nery V. et al., 20 Neb. App. 798, 832 N.W.2d 909 (2013).