Tribal Customary Adoption and Private Adoption in Nebraska

If you’re a Native American woman facing an unplanned pregnancy in Nebraska, you may have heard about tribal customary adoption and wondered if it’s an option for you. This guide explains what tribal customary adoption is, whether it’s available in Nebraska, and what protections you have under federal law.

Get free, confidential support to understand your options.

What Is Tribal Customary Adoption?

Tribal customary adoption is a form of adoption rooted in Native American cultural traditions and tribal law. Unlike standard adoption that terminates all parental rights, tribal customary adoption allows a child to be adopted while maintaining some legal connections to their birth family and tribal heritage.

In a tribal customary adoption, parental rights are typically modified rather than completely terminated. The child gains a permanent home with adoptive parents while preserving certain ties to their birth family—such as inheritance rights, the right to know their origins, or ongoing contact arrangements. The specific details depend on the customs and laws of the particular tribe.

This approach honors how many Native American communities have traditionally cared for children—through extended family networks where multiple adults share responsibility. States like California, Oregon, and Iowa have passed laws formally recognizing tribal customary adoption, allowing tribal courts to create adoption orders that state courts recognize and enforce.

Can You Choose Tribal Customary Adoption in Nebraska?

Nebraska has no federally recognized tribes within its borders. The tribes historically associated with Nebraska—including the Omaha, Ponca, Santee Sioux, and Winnebago—are federally recognized, but their tribal governments and reservation lands are located in neighboring states like Iowa and South Dakota.

This means there is no Nebraska tribal court system that would conduct tribal customary adoptions. Additionally, Nebraska has not passed legislation formally recognizing tribal customary adoption orders from other states’ tribal courts.

What this means for you: If you’re living in Nebraska and considering adoption, your case will proceed through Nebraska state courts rather than through a tribal customary adoption framework. However, if you or your child’s other parent is a member of a federally recognized tribe—even one located outside Nebraska—you still have important protections under the Indian Child Welfare Act (ICWA).

Your Rights Under the Indian Child Welfare Act in Nebraska

The federal Indian Child Welfare Act applies to adoption cases in Nebraska when you, your child’s other parent, or your child is a member or eligible for membership in a federally recognized tribe—regardless of where that tribe is located.

ICWA provides several critical protections:

Tribal Notification: Your tribe must be notified about any adoption proceedings involving your child. The tribe has the right to participate and can provide guidance and support throughout the process.

Placement Preferences: ICWA establishes a clear order of preference for where Native American children should be placed. First preference goes to a member of the child’s extended family. Second preference is for other members of the child’s tribe. Third preference is for other Native American families. You can express a different preference, but these guidelines help preserve your child’s cultural connections.

Higher Burden of Proof: Courts must use stricter legal standards in ICWA cases. Parental rights can only be terminated if there’s proof “beyond a reasonable doubt” that continued custody would cause serious harm to the child.

Right to Counsel: You have the right to be represented by an attorney in ICWA proceedings, and the court must appoint one if you can’t afford your own.

Extended Time to Withdraw Consent: Under Nebraska law, birth parents can withdraw consent to adoption for any reason within 48 hours after signing. But under ICWA, you can withdraw consent to termination of parental rights at any time before a final decree is entered—or even after if you can prove fraud or duress.

These protections exist because of a painful history. For decades, Native American children were removed from their families at disproportionate rates through adoption and foster care placements with non-Native families. ICWA was passed in 1978 to stop these harmful practices and protect Native families and tribal cultures.

How Does Tribal Customary Adoption Compare to Private Adoption?

Understanding the differences can help you see what tribal customary adoption offers in states where it’s available.

Private Adoption in Nebraska:

• Requires complete termination of parental rights under Nebraska Revised Statute 43-104
• Birth parents become legal strangers to the child
• Can be open adoption with ongoing contact, or closed with no contact
• Finalized through Nebraska district court
• ICWA protections still apply if the child has Native American heritage

Tribal Customary Adoption (in states where available):

• Modifies rather than terminates parental rights
• Birth parents may retain certain legal connections like inheritance rights
• Child maintains tribal membership and associated benefits
• Conducted under tribal law and custom, then recognized by state courts
• Creates permanency while preserving family relationships and cultural identity

The fundamental difference is that tribal customary adoption doesn’t require you to become a complete legal stranger to your child. Many Native American cultures view the total severance of parent-child relationships as culturally harmful and inconsistent with traditional family structures.

Can You Choose a Native American Family Through Private Adoption in Nebraska?

Yes. Even though Nebraska doesn’t have tribal customary adoption, you can choose a Native American family or a family committed to honoring your child’s heritage through private adoption.

ICWA’s placement preferences support this choice. When you work with an adoption professional who understands ICWA requirements, they can help you find families who:

• Are Native American themselves or have strong ties to Native communities
• Live near your tribe’s community or reservation
• Will ensure your child maintains tribal enrollment and participates in cultural activities
• Understand the importance of your child’s heritage and will actively support their cultural identity
• Will honor any level of openness you want in the adoption

You have the right to select the adoptive family for your baby. ICWA doesn’t take away your choice—it creates a framework that prioritizes culturally appropriate placements while respecting your preferences.

Open adoption can be especially meaningful when placing a Native American child. Through open adoption, you can maintain a relationship with your child and their adoptive family. This might include regular visits, phone calls, text messages, photos, or attendance at important events. This ongoing connection allows your child to know their birth family and understand their heritage in a personal way.

Learn more about how open adoption works.

Finding Adoption Professionals Who Understand ICWA in Nebraska

Not all adoption professionals have experience with ICWA cases. Working with someone who doesn’t understand these requirements can lead to delays, legal complications, or placements that don’t honor your child’s heritage.

When looking for an adoption agency or attorney in Nebraska, ask specific questions:

• Have you handled ICWA cases before?
• Do you have relationships with Native American families looking to adopt?
• How do you ensure compliance with ICWA’s placement preferences?
• Will you notify my tribe and involve them in the process?

American Adoptions has experience working with Native American birth mothers and understands how to navigate ICWA requirements while respecting your cultural values and personal preferences. They can help you understand your rights, find a family that honors your child’s heritage, and receive financial assistance during pregnancy.

Other organizations that may help:

• Your tribal ICWA office—Even if your tribe is in another state, they can provide guidance and support during your adoption process
• Native American Rights Fund—Offers legal resources and information about ICWA protections

Don’t work with any adoption professional who downplays ICWA requirements, suggests that tribal notification isn’t necessary, or doesn’t take your cultural concerns seriously.

What Financial Support Is Available During Your Pregnancy?

Regardless of whether you’re considering adoption, parenting, or still deciding, you can access financial assistance during your pregnancy in Nebraska.

If you choose adoption:

Nebraska law allows birth mothers to receive financial assistance with pregnancy-related expenses through an adoption plan. Nebraska Revised Statute 43-104.11 permits adoptive parents or adoption agencies to pay for:

• Medical care and hospital costs related to pregnancy and birth
• Counseling services
• Legal fees
• Temporary living expenses if you’re unable to work due to pregnancy
• Transportation to medical appointments

This support can help you focus on your health without added financial stress. The assistance is not dependent on you completing the adoption—if you decide to parent instead, you won’t owe anyone money back.

Government assistance programs available to pregnant women in Nebraska:

• Nebraska Medicaid for Pregnant Women—Covers prenatal care, delivery, and postpartum care through the DHHS Medicaid program
• WIC (Women, Infants, and Children)—Provides nutritious food, breastfeeding support, and nutrition education through Nebraska WIC
• SNAP (food assistance)—Helps with grocery costs through the Nebraska SNAP program
• Emergency Assistance—Short-term help with rent, utilities, or other crisis needs through Nebraska DHHS

Local pregnancy help:

• Pregnancy resource centers throughout Nebraska offer free pregnancy tests, ultrasounds, parenting classes, material support like diapers and formula, and emotional support
• Community health centers provide low-cost or free prenatal care on a sliding fee scale

You don’t have to struggle financially while you’re pregnant. Learn more about financial assistance available to you.

Understanding Nebraska Adoption Laws and Your Rights

Nebraska’s adoption laws protect both birth parents and children, and additional protections apply when ICWA is involved.

Consent and revocation in Nebraska:

Under Nebraska Revised Statute 43-104.05, you can give consent to adoption at any time after your baby is born—but not before. You must wait at least 48 hours after birth before signing any consent documents.

Once you sign consent to adoption, you have 48 hours to change your mind for any reason. After those 48 hours, consent can only be withdrawn if you can prove fraud or duress was involved.

However, ICWA provides additional protections. Under ICWA, you can withdraw consent to termination of parental rights at any time before a final adoption decree is entered. Even after the decree, you can withdraw consent within two years if you can show that consent was obtained through fraud or duress.

Post-adoption contact agreements:

Nebraska law allows for legally enforceable post-adoption contact agreements under Nebraska Revised Statute 43-146.13. This means you can create a written agreement with the adoptive family about ongoing contact, and if they don’t follow it, you can ask a court to enforce it.

These agreements must be approved by the court and included in the final adoption decree. They can specify how often you’ll exchange photos, whether you’ll have in-person visits, and how you’ll communicate.

You Don’t Have to Navigate This Alone

Facing an unplanned pregnancy is overwhelming, and doing it while trying to honor your heritage and understand complex laws makes it even harder. You don’t have to figure all of this out by yourself.

Whether you’re leaning toward adoption, considering parenting, or still exploring your options, free support is available. Contact an adoption professional who understands ICWA and can answer your specific questions about your rights, your options, and what support is available during pregnancy.