## Facts

- B.P. was the biological mother of Luke, born December 20, 1997.
- Luke was conceived by artificial insemination using an anonymous donor; the biological father was unknown, and Luke was treated as born out of wedlock for statutory purposes.
- B.P. and A.E., two unmarried persons, jointly filed a verified petition in county court seeking A.E.’s adoption of Luke.
- B.P. signed documents consenting to the proposed adoption but did not execute a statutory relinquishment of parental rights and affirmatively stated she did not intend to relinquish Luke.
- The county court denied the adoption petition, concluding Luke was not eligible for adoption because B.P. had not provided a valid relinquishment.
- B.P. and A.E. appealed.

## Issues

1. Whether a child is eligible for adoption under Nebraska’s adoption statutes when the biological parent with custody consents to the adoption but does not execute a statutory relinquishment of parental rights.
2. Whether a biological parent’s written consent to a specific adoption can substitute for, or operate as the equivalent of, a statutory relinquishment.

## Decision

- The Nebraska Supreme Court affirmed the county court’s denial of the adoption petition.
- The court held Luke was not eligible for adoption because B.P. did not execute a valid statutory relinquishment of her parental rights.
- The court held B.P.’s consent to A.E.’s adoption did not satisfy the relinquishment requirement.
- Because the missing relinquishment was dispositive, the court did not reach broader constitutional claims or other policy arguments.

## Legal Principles

- Adoption is purely statutory; courts have only the authority the legislature grants in the adoption statutes, which are strictly construed.
- Statutory relinquishment of parental rights is a prerequisite to adoption eligibility when required by the statutory scheme; without it, the court lacks authority to grant the adoption.
- Consent to adoption and relinquishment of parental rights serve different statutory functions; consent to a particular adoption does not, by itself, terminate parental rights or satisfy a relinquishment requirement.

## Conclusion

The court denied a second-parent adoption attempt because the biological mother’s consent did not replace the statutory requirement that she relinquish her parental rights, making the child ineligible for adoption under Nebraska law.


In re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002)