Nebraska Adoption Records: The Age-25 Rule for Original Birth Certificates

Nebraska does not have one adoption-records rule. It has two, and which one applies depends on the date the biological parent signed the relinquishment or consent, not on the date you were born or the date the decree was entered.

Neb. Rev. Stat. 43-146.01(1) draws the line at September 1, 1988. Sections 43-146.02 to 43-146.16 "shall provide the procedures for gaining access to information concerning an adopted person when a relinquishment or consent for an adoption is given on or after September 1, 1988." Subsection (2) leaves the older sections, 43-119 to 43-142, in effect for a consent given before that date.

The two tracks set different ages, and they run in opposite directions. On the newer track the age is 21 and the original birth certificate is released unless a biological parent filed a form blocking it. On the older track the age is 25 and nothing identifying is released unless a biological parent filed a form allowing it. A separate statute governs Nebraska's adoption court file on both tracks.

Information last verified on 2026-08-11. This article has not yet been reviewed by a licensed lawyer.

This page is part of RecordingLaw's guide to adoption records by state. For the general rules other states use, see how to get your original birth certificate and adoption reunion registries.

Which Track Applies: The September 1, 1988 Divide

The controlling date is when the biological parent gave the relinquishment or consent, so it sits close to, but not exactly on, the date the adoption was finalized. In practice, an adoptee whose adoption was completed well after 1988 is on the newer track, and an adoptee whose adoption was completed comfortably before September 1988 is on the older one. Adoptions in and around 1988 are the ones worth confirming with the department or the placing agency before assuming which age and which release rule apply.

The Post-1988 Track: Age 21 and a Birth-Parent Veto

Neb. Rev. Stat. 43-146.04 sets the age: "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."

What happens next is the part summaries of Nebraska law most often get backwards. Under 43-146.05, the department checks whether an unrevoked nonconsent form is on file from a biological parent. If there is none, the department releases the information the statute lists, and subsection (2)(d) includes "a copy of the person's original birth certificate."

Neb. Rev. Stat. 43-146.06 makes the default explicit. A biological parent "may at any time file a notice of nonconsent with the department," and "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."

Silence from a biological parent therefore works in the adoptee's favor on this track. Nobody has to have signed anything for the certificate to be released. A biological parent who wants to stop release has to act.

If a nonconsent form is on file, 43-146.05(3) cuts the release back to medical history alone, and that history "shall not include the names of the biological parents or relatives of the adopted person or any other identifying information."

The Pre-1988 Track: Age 25 and a Consent Form on File

For a relinquishment or consent given before September 1, 1988, Neb. Rev. Stat. 43-130 sets a higher age: "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."

Release on this track is opt-in. Neb. Rev. Stat. 43-131 requires the department to check its records for two things before releasing anything: whether the consent form has been signed and filed, and whether an unrevoked nonconsent form is on file. Without a signed consent from the relevant relative, the identifying information stays closed.

The age-25 figure is often quoted as Nebraska's adoption-records age, but it no longer keeps anyone waiting. Every adoptee governed by the pre-1988 track was placed before September 1988 and is long past 25. The only adoptees an age rule can actually turn away in Nebraska today are those aged 21 to 24, and they are on the newer track, where the age is 21.

Non-Identifying Medical History

Nebraska treats non-identifying medical background as a separate request that does not depend on the consent or nonconsent forms. Neb. Rev. Stat. 43-146.02, headed "Medical history; requirements," requires the agency or the department to maintain the available medical history of the person placed for adoption and of the biological parents and to provide it to the adopted person on request. The statute strips out identifying detail: the medical history "shall not include the names of the biological parents of the adopted person or any other identifying information."

That is why a nonconsent form does not close the file entirely. As noted above, 43-146.05(3) preserves access to the medical history even when a nonconsent form blocks everything else.

Section 43-146.02 sits in the post-1988 series. An adoptee on the pre-1988 track should ask the department what medical history it holds under the older sections rather than assume the same provision applies.

When Nothing Is on File: The Agency Search

Nebraska also has a statutory search process. Under Neb. Rev. Stat. 43-146.10, an adopted person who followed 43-146.04 and 43-146.05, was unable to obtain information about relatives, and faces no unrevoked nonconsent form may contact the child placement agency that handled the adoption or the department.

That agency or department then applies to the clerk of the court that issued the adoption decree, or to the department, "for any information in the court or department records regarding the adopted person or his or her relatives, including names, locations, and any birth, marriage, divorce, or death certificates," under 43-146.11. The statute directs that the information go only to the agency or department, which must keep it confidential.

The adoptee does not receive it automatically. Neb. Rev. Stat. 43-146.13 provides that on locating a relative, "the department or agency shall attempt to contact the relative to determine such relative's willingness to be contacted by the adopted person," and that information about the relative "shall not be released to the adopted person by the department or agency unless such relative agrees to be contacted by the adopted person."

The older track has a parallel process. Neb. Rev. Stat. 43-131(3)(c) points to it directly, referring to "the fact that an agency may assist the adopted person in searching for relatives as provided in sections 43-132 to 43-141."

Court Adoption File Sealing: Good Cause Under 43-113

Nebraska's adoption court records are governed by a separate statute, Neb. Rev. Stat. 43-113. Court adoption records are not open to public inspection and are permanently retained by the court. The statute allows access only "on the order of the judge of the court in which the decree of adoption was entered on good cause shown," along with two narrower cross-referenced exceptions for the Nebraska Indian Child Welfare Act and for foreign-born adoptees who need certified copies of the decree itself. This good-cause standard is the same kind of judicial-discretion test used in several other states in this series; Nebraska's statute does not define good cause with a specific checklist.

How to Request Nebraska Adoption Records

Both tracks route the written request to the department, which is the Nebraska Department of Health and Human Services: 43-146.04 for post-1988 adoptions and 43-130 for earlier ones. This research could not independently confirm the department's current fee, form name, or mailing address for an adoption records request. Contact Nebraska DHHS directly for the current application process before applying.

Related Nebraska Records

See also Nebraska court records, Nebraska death records, and Nebraska marriage and divorce records.

Disclaimer

This article provides general information about Nebraska's adoption records law. It is not legal advice. Confirm current forms, fees, and procedures with the Nebraska Department of Health and Human Services or a licensed Nebraska attorney before relying on anything here for a specific situation.

---

Last updated: 2026-08-11. Fees and forms reflect their published status as of August 2026.