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Debate in Judiciary Committee over LB 70: second‑parent adoption proposed to legally recognize caregiving relationships
Summary
LB 70 would allow a second person who has an existing parent‑child relationship with a child to adopt when the child has only one legal parent; sponsors and LGBTQ and child‑welfare advocates said the change would provide legal stability, while the Nebraska Catholic Conference warned of unintended consequences if relationships later break down
Senator Wendy DeBoer reintroduced legislation, LB 70, to create a statutory path for what the bill calls “second parent adoption,” allowing a second adult who already has a parent–child relationship with a child to adopt when the child has only one legal parent.
DeBoer told the Judiciary Committee the measure would not increase the number of legal parents — Nebraska law remains limited to two legal parents — but would allow courts to formalize a second parental relationship in cases where an adult has already acted as a caregiver. “LB 70 recognizes that life is messy,” DeBoer said. “This bill is about permanency and stability in a child’s life.”
Supporters framed LB 70 as filling gaps that leave children legally vulnerable. Multiple witnesses described family situations in which both adults parented a child but only one had legal rights — a problem they said can leave caregivers unable to provide insurance, consent to medical care, or otherwise act in emergencies. Shiloh and Charmaine Jorgensen and other witnesses described their son Landon’s situation: two adults who parented him but lacked full legal recognition for both caregivers.
Out Nebraska, the ACLU of Nebraska and other advocates testified in favor, saying adoption is the most reliable legal mechanism to protect children and that an adoption pathway would safeguard children in LGBTQ and non‑traditional families. Proponents repeatedly noted the bill includes a home study and leaves the court discretion to deny adoption when it is not in the child’s best interest.
The Nebraska Catholic Conference testified in opposition, expressing concern that LB 70 could create permanent legal rights for a second adult even if the adult later leaves the household. Marian Miner, representing the conference, said the bill risks creating instability if a second adult’s authority continues after a relationship deteriorates or dissolves; she urged the committee to defer. Opponents said the court’s ability to revoke parental rights or deny adoption would not prevent such harms in practice.
DeBoer and supporters said statutory guardrails — home studies, court discretion and existing adoption prerequisites — guard against improper adoptions and allow courts to deny petitions when not in the child’s best interest. DeBoer said the bill has been narrowed over several sessions in response to concerns and that she will continue to work with opponents to address issues.
Ending: The committee heard extensive testimony from parents, legal advocates and religious groups. No vote was taken; the sponsor said she would continue outreach and follow technical adjustments.
