An adoption agency is asking the Nebraska Supreme Court for a rehearing in a case involving a couple's battle to regain custody of a boy they're trying to adopt.

The high court last month ordered the boy be allowed to live with Jason and Angela Vesely of Verdigre. The boy now lives with his maternal grandparents.

The Veselys had to give up the child in February because a Knox County judge ruled the couple should have told the Nebraska Children's Home Society that Angela was pregnant. The birth mother had requested the boy be placed in a family where he would be an only child.

In its motion, the adoption agency said the Supreme Court erred in ruling a written agreement was necessary for the only-child clause to be enforceable.