The Rights of Unmarried Parents - Nebraska

Date: June 2022

Definitions

This issue is not addressed in the statutes reviewed.

Use of Parentage Registries

Citation: Rev. Stat. § 43-104.01

The Nebraska Department of Health and Human Services shall establish a putative father registry. The department shall maintain the registry and shall record the names and addresses of the following:

  • 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 other parent 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
  • Any putative other parent who has filed with the registry, prior to the receipt of notice under §§ 43-104.12 to 43-104.16, a request for notification of intended adoption with respect to such child
  • Any putative other parent who has filed with the registry a notice of objection to adoption and intent to obtain custody with respect to such child

A request or notice filed under this section or § 43-104.02 shall be admissible in any action for parentage and shall bar the putative other parent from denying parentage of such child thereafter.

Alternate Means to Establish Parentage

Citation: Rev. Stat. §§ 43-1408.01; 43-1411; 43-1414; 43-1415

During the period immediately before or after the in-hospital birth of a child whose birth parent was not married at the time of either the child's conception or birth or at any time between the child's conception and birth, the person in charge of such hospital shall provide to the child's parents, if the alleged other parent is readily identifiable and available, the documents and written instructions for the parents to complete a notarized acknowledgment of parentage. Such acknowledgment, if signed by both parties and notarized, shall be filed with the department at the same time the certificate of live birth is filed.

A civil proceeding to establish the parentage of a child may be instituted by any of the following:

  • The birth parent or the alleged other parent of the child, either during pregnancy or within 4 years after the child's birth, unless either of the following is true:
    • A valid consent or relinquishment has been made for purposes of adoption.
    • A court has jurisdiction over the child's custody or an adoption matter with respect to the child.
  • The guardian or next friend of child or the State, either during pregnancy or within 18 years after the child's birth

In any proceeding to establish parentage, the court may order or the department shall require the child, the birth parent, and the alleged other parent to submit to genetic testing. The results of the tests, including the statistical probability of parentage, shall be admissible evidence and shall be weighed along with other evidence of parentage. When the results of the tests show a probability of parentage of 99 percent or more, there shall exist a rebuttable presumption of parentage.

Required Information

Citation: Rev. Stat. § 43-104.01

A request filed with the registry shall include the following:

 

  • The putative other parent's name, address, and Social Security number
  • The name and last-known address of the birth parent
  • The month and year of the birth or the expected birth of the child
  • The case name, court name, and location of any Nebraska court having jurisdiction over the custody of the child
  • A statement by the putative other parent that they acknowledge liability for contribution to the support and education of the child after birth and to the pregnancy-related medical expenses of the birth parent 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.

Revocation of Claim to Parentage

Citation: Rev. Stat. §§ 43-104.01; 43-1409

Any putative other parent who files a request for notification of intended adoption or a notice of objection to adoption and intent to obtain custody with the putative 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.

The signing of a notarized acknowledgment by the alleged other parent shall create a rebuttable presumption of parentage. The signed, notarized acknowledgment is subject to the right of any signatory to rescind the acknowledgment within the earlier of 60 days or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order in which the signatory is a party.

After the rescission period, a signed, notarized acknowledgment is considered a legal finding that may be challenged based only on fraud, duress, or material mistake of fact with the burden of proof upon the challenger. The legal responsibilities of any signatory arising from the acknowledgment, including the child support obligation, shall not be suspended during the challenge, except for good cause shown.

Access to Information

Citation: Rev. Stat. § 43-104.01

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

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