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Nebraska State Paternity Laws

posted by DNA Identifiers @ 3:22 PM
Friday, July 24, 2009

nebraska

The below information is a general guide to Nebraska State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: Nebraska Establishing Paternity

Required Probability of Paternity for Nebraska Courts: 99%

Required Paternity Index: None at this time

Current Nebraska Paternity Law: Chapters 42 & 43

Legitimacy of children.

42-377 Legitimacy of children. Children born to the parties, or to the wife, in a marriage relationship which may be dissolved or annulled pursuant to sections 42-347 to 42-381 shall be legitimate unless otherwise decreed by the court, and in every case the legitimacy of all children conceived before the commencement of the suit shall be presumed until the contrary is shown.
Source

1. Laws 1972, LB 820, § 31;
2. Laws 1997, LB 229, § 21.

Annotations

The presumption favoring legitimacy of children may only be rebutted by clear and convincing evidence beyond the testimony of husband or wife denying child’s legitimacy. Perkins v. Perkins, 198 Neb. 401, 253 N.W.2d 42 (1977).

Presumed legitimacy of children born in wedlock may not be rebutted by the testimony or declaration of a parent. Ford v. Ford, 191 Neb. 548, 216 N.W.2d 176 (1974).

This section does not create an irrebuttable presumption of legitimacy in the case of children conceived before the commencement of the dissolution action. Cavanaugh v. deBaudiniere, 1 Neb. App. 204, 493 N.W.2d 197 (1992).

Child born out of wedlock; biological father registry; Department of Health and Human Services; duties.

43-104.01 Child born out of wedlock; biological father registry; Department of Health and Human Services; duties. (1) The Department of Health and Human Services shall establish a biological father registry. The department shall maintain such registry and shall record the names and addresses of (a) any person adjudicated by a court of this state or by a court of another state or territory of the United States to be the biological father of a child born out of wedlock if a certified copy of the court order is filed with the registry by such person or any other person, (b) any putative father who has filed with the registry, prior to the receipt of notice under sections 43-104.12 to 43-104.16, a Request for Notification of Intended Adoption with respect to such child, and (c) any putative father who has filed with the registry a Notice of Objection to Adoption and Intent to Obtain Custody with respect to such child.

(2) A Request for Notification of Intended Adoption or a Notice of Objection to Adoption and Intent to Obtain Custody filed with the registry shall include (a) the putative father’s name, address, and social security number, (b) the name and last-known address of the mother, (c) the month and year of the birth or the expected birth of the child, (d) the case name, court name, and location of any Nebraska court having jurisdiction over the custody of the child, and (e) a statement by the putative father that he acknowledges liability for contribution to the support and education of the child after birth and for contribution to the pregnancy-related medical expenses of the mother of the child. The person filing the notice shall notify the registry of any change of address pursuant to procedures prescribed in rules and regulations of the department.

(3) A request or notice filed under this section or section 43-104.02 shall be admissible in any action for paternity and shall estop the putative father from denying paternity of such child thereafter.

(4) Any putative father who files a Request for Notification of Intended Adoption or a Notice of Objection to Adoption and Intent to Obtain Custody with the biological father registry may revoke such filing. Upon receipt of such revocation by the registry, the effect shall be as if no filing had ever been made.

(5) The department shall not divulge the names and addresses of persons listed with the biological father registry to any other person except as authorized by law or upon order of a court of competent jurisdiction for good cause shown.

(6) The department may develop information about the registry and may distribute such information, through its existing publications, to the news media and the public. The department may provide information about the registry to the Department of Correctional Services, which may distribute such information through its existing publications.

(7) A person who has been adjudicated by a Nebraska court of competent jurisdiction to be the biological father of a child born out of wedlock who is the subject of a proposed adoption shall not be construed to be a putative father for purposes of sections 43-104.01 to 43-104.05 and shall not be subject to the provisions of such sections as applied to such fathers. Whether such person’s consent is required for the proposed adoption shall be determined by the Nebraska court having jurisdiction over the custody of the child pursuant to section 43-104.22, as part of proceedings required under section 43-104 to obtain the court’s consent to such adoption.

Source

  1. Laws 1995, LB 712, § 21;
  2. Laws 1996, LB 1044, § 105;
  3. Laws 1999, LB 594, § 11;
  4. Laws 2007, LB247, § 6;
  5. Laws 2007, LB296, § 63.

Child born out of wedlock; filing with biological father registry; department; notice; to whom given.

43-104.03 Child born out of wedlock; filing with biological father registry; department; notice; to whom given. Within three days after the filing of a Request for Notification of Intended Adoption or a Notice of Objection to Adoption and Intent to Obtain Custody with the biological father registry pursuant to sections 43-104.01 and 43-104.02, the Department of Health and Human Services shall cause a certified copy of such request or notice to be mailed by certified mail to (1) the mother or prospective mother of such child at the last-known address shown on the request or notice or an agent specifically designated in writing by the mother or prospective mother to receive such request or notice and (2) any Nebraska court identified by the putative father under section 43-104.01 as having jurisdiction over the custody of the child.

Source

  1. Laws 1975, LB 224, § 4;
  2. Laws 1994, LB 1224, § 49;
  3. Laws 1995, LB 712, § 23;
  4. Laws 1996, LB 1044, § 107;
  5. Laws 1999, LB 594, § 12;
  6. Laws 2007, LB247, § 8;
  7. Laws 2007, LB296, § 65.

Link: Nebraska Laws

Link: Nebraska Chapter 42

Link: Nebraska Chapter 43

This information is a general guide. Research your state laws for current information or contact a family attorney.

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