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In re Adoption of Luke

640 N.W.2d 374, 263 Neb. 365 (2002)

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In re Adoption of Luke

Nebraska Supreme Court
640 N.W.2d 374, 263 Neb. 365 (2002)

  • Written by Galina Abdel Aziz , JD

Facts

BP gave birth to Luke on December 20, 1997. BP conceived Luke through artificial insemination with sperm from an anonymous donor. On October 2, 2000, BP and AE, BP’s unmarried partner, filed a verified petition to adopt Luke. BP filed an affidavit that she did not intend to relinquish Luke but that BP consented to the adoption proceeding. An adoption specialist recommended the court approve AE’s adoption of Luke. The court denied the adoption petition, finding that Luke was not eligible for adoption because BP had not relinquished her parental rights as required by the Nebraska adoption statutes and that two unmarried persons could not adopt a child under Nebraska adoption statutes. AE appealed, alleging that BP’s consent to the adoption proceeding was an alternative equivalent of the relinquishment of her parental rights.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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