Senators discuss extending adoption eligibility

The marital status of prospective parents would not be a factor in the adoption process under a proposal heard by the Judiciary Committee Feb.4.

LB648, introduced by Omaha Sen. Sara Howard, would permit two people to adopt a child regardless of their marital status. The measure also would allow the parent of a minor child to consent to the adoption of the child by the parent’s spouse or another adult, without the parent having to relinquish legal rights to the child.

Howard said allowing co-parent and second-parent options would give Nebraska couples equal legal custody of their children. Currently, unmarried couples who are co-parents are not eligible for medical and other benefits in the event of the death of a biological parent, she said.

Lin Quenzer, a parent from Lincoln, testified in support of the bill. If her same-sex partner were to die, she said, the court would not be bound to consider her as the legal guardian of their 15-year-old son.

“I am a legal stranger to my son, even though I’m his parent in every other respect,” she said. “It’s frightening to know I have no legal standing.”

Amy Miller, legal director of American Civil Liberties Union Nebraska also supported the bill. Currently, in co-parent cases where guardianship must be awarded, judges can make a determination based on their own conscience rather than the best interest of the child, Miller said.

A parent who already is a second parent should be able to step forward and take responsibility for the child, she said.

Joe Neuhaus of the Nebraska Family Alliance testified in opposition to the bill, saying it would advance the interest of parents, not children. The law should reflect that the ideal environment for a child is a home with a married mother and father, he said.

Matt Heffron an Omaha attorney also opposed the bill, saying the language does not clearly define what kind of relationship co-parents must have to be eligible to adopt children. As written, he said, the bill would allow adults with no statutory connection, such as roommates and co-workers, to consider adoption.

The committee took no immediate action on the bill.