(i) Except as provided in sections 43-1411 and 43-1414, was born out of wedlock; or

(ii) Has been adopted by a second adult person under subdivision (1)(c) of section 43-101;

(b) Child born out of wedlock means a child whose parents were not married to each other at the time of birth, except that a child shall not be considered as born out of wedlock if the parents were married at the time of the child's conception but divorced at the time of birth. The definition of legitimacy or illegitimacy for other purposes shall not be affected by sections 43-1401 to 43-1418; and

(2) The changes made to this section by Laws 2025, LB150, apply to actions under sections 43-1401 to 43-1418 that are pending on June 5, 2025, and to cases filed on or after such date.

Annotations

Since the child was conceived while the parties were still married, it was improper to bring a paternity action rather than an action to amend the dissolution decree in order to secure support from the father. State ex rel. Storz v. Storz, 235 Neb. 368, 455 N.W.2d 182 (1990).
In a proceeding under Chapter 13 (transferred to Chapter 43, article 14), the district court can modify the amount of a child support award if there is a change of circumstances. In a filiation proceeding under Chapter 13 (transferred to Chapter 43, article 14), an award of attorney fees is not allowed. State ex rel. Toledo v. Bockmann, 218 Neb. 428, 355 N.W.2d 521 (1984).
Married woman may be mother of child born out of wedlock. Gomez v. State ex rel. Larez, 157 Neb. 738, 61 N.W.2d 345 (1953).
1941 act sustained as constitutional. In re Application of Rozgall, 147 Neb. 260, 23 N.W.2d 85 (1946).
In the absence of a statute, a cause of action for the support of a child born out of wedlock does not survive against the personal representative of the alleged father. Carlson v. Bartels, 143 Neb. 680, 10 N.W.2d 671 (1941).

The father of a child whose paternity is established either by judicial proceedings or by acknowledgment as hereinafter provided shall be liable for the child's support to the same extent and in the same manner as the father of a child born in lawful wedlock is liable for the child's support. The mother of a child shall also be liable for the child's support. Both parents of a child adopted by a second adult person under subdivision (1)(c) of section 43-101 shall be liable for the child's support. The liability of each parent may be determined, enforced, and discharged in accordance with the methods hereinafter provided.

Annotations

1. Marital status at birth

2. Miscellaneous

1. Marital status at birth

When an acknowledgment of paternity has been executed by the parties, the district court has the inherent authority to consider the issue of child custody, and this section authorizes the filing of an action for child custody and support. Benjamin M. v. Jeri S., 307 Neb. 733, 950 N.W.2d 381 (2020).
A child born out of wedlock is entitled to child support retroactively to the date of birth because it is upon the child's birth that the parental duty of support commences. The same is true for a child born in wedlock, and such duty toward a minor child does not terminate upon divorce. At divorce, the duty of support is merely quantified. Willers ex rel. Powell v. Willers, 255 Neb. 769, 587 N.W.2d 390 (1998).
A parent has the duty to support a child, and a child born out of wedlock is entitled to support from the father to the same extent and in the same manner as a child born in wedlock. The duty to support one's child begins at birth, and there is no rational basis to distinguish support obligations to a child based upon whether the parents married. In a paternity action, a child who was not supported by a parent is ordinarily entitled to an award of retroactive child support. Retroactive child support is ordinarily determined in accordance with the Nebraska Child Support Guidelines, and the $50 minimum monthly support is presumptively correct absent contrary evidence. Sylvis v. Walling, 248 Neb. 168, 532 N.W.2d 312 (1995).
Child support obligations which are determined in a paternity action are to be reached in the same manner as cases of children born in lawful wedlock. Such determinations will not be reversed absent an abuse of discretion. State on behalf of S.M. v. Oglesby, 244 Neb. 880, 510 N.W.2d 53 (1994).
When paternity is legally established, there is no rational basis to distinguish the support obligations of a father to a child born out of wedlock from the support obligations of a father to a child born in wedlock, and an out-of-wedlock child should be entitled to support from its father from the time of birth. State on behalf of Matchett v. Dunkle, 244 Neb. 639, 508 N.W.2d 580 (1993).
Liability of father of child born out of wedlock to support the child is the same as that of the father of a child born in lawful wedlock. State ex rel. Stobel v. Stanek, 176 Neb. 100, 125 N.W.2d 107 (1963).
An out-of-wedlock child has the statutory right to be supported to the same extent and in the same manner as a child born in lawful wedlock; the resulting duty of a parent to provide such support may, under appropriate circumstances, require the award of retroactive child support. Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005).

2. Miscellaneous

Under this section, establishment of paternity by acknowledgment is the equivalent of establishment of paternity by a judicial proceeding. In re Adoption of Jaelyn B., 293 Neb. 917, 883 N.W.2d 22 (2016).
Chapter 13 which provides for "Children Born Out of Wedlock" (transferred to Chapter 43, article 14) conflicts with the common law rule and must be strictly construed. Riederer v. Siciunas, 193 Neb. 580, 228 N.W.2d 283 (1975).
This section construed with section 42-364, authorizes court to modify amount of child support in paternity action in interests of children. Riederer v. Siciunas, 193 Neb. 580, 228 N.W.2d 283 (1975).
Child support determinations made concomitantly in a filiation proceeding are characterized as "equitable" proceedings. Dworak v. Fugit, 1 Neb. App. 332, 495 N.W.2d 47 (1992).

In case of the neglect or inability of the parents, or either of them, to support a child, it shall be supported by the county chargeable therewith under the provisions of Chapter 68. Nothing in this section shall be construed to make a child ineligible to receive relief to which it might otherwise be entitled under any law enacted for the relief of children.

The liability of the parent for support of a child shall be discharged by compliance with the terms of a judicial decree for support or the terms of a judicially approved settlement or by the adoption of the child by some other person or persons.

(i) The father of the child and the mother or some person authorized to act in her behalf;

(iii) A parent of a child adopted by a second adult person under subdivision (1)(c) of section 43-101 and the other such parent or some person authorized to act in such other parent's behalf; or

(iv) A parent of a child adopted by a second adult person under subdivision (1)(c) of section 43-101 and the next friend or guardian of the child; and

(b) Whereby the father or parent promises to make adequate provision for the support of the child.

(2) In the event that such a settlement is made it shall be binding on all parties and shall bar all other remedies of the mother and child, any other parent, and the legal representatives of the child so long as the settlement is performed by the parent promising to provide support, if such settlement is approved by the court having jurisdiction to compel the support of the child.

(3) The court shall approve such settlement only if the court finds and determines that adequate provision is made for the support of the child and that the promising parent has offered clear evidence of willingness and ability to perform the agreement. The court, in its discretion, may require the promising parent to furnish bond with proper sureties conditioned upon the performance of the settlement.

(1) A determination of paternity made by any other state or by an Indian tribe as defined in section 43-1503, whether established through voluntary acknowledgment, genetic testing, tribal law, or administrative or judicial processes, shall be given full faith and credit by this state.

Cross References

Nebraska Indian Child Welfare Act, see section 43-1501.

Annotations

It is not contrary to Nebraska's public policy to recognize an acknowledged father's parental rights under another state's statutes when a Nebraska court has recognized an acknowledged father's parental rights under Nebraska's statutes. Jesse B. v. Tylee H., 293 Neb. 973, 883 N.W.2d 1 (2016).
The Full Faith and Credit Clause requires states to give the same effect to a judgment in the forum state that it has in the state where the court rendered the judgment. This section extends that requirement for judgments to a sister state's paternity determination established through a voluntary acknowledgment. Jesse B. v. Tylee H., 293 Neb. 973, 883 N.W.2d 1 (2016); In re Adoption of Jaelyn B., 293 Neb. 917, 883 N.W.2d 22 (2016).
Whether a paternity acknowledgment in a sister state gives an acknowledged father the right to block an adoption in Nebraska depends upon whether the acknowledgment confers that right in the state where it was made. Jesse B. v. Tylee H., 293 Neb. 973, 883 N.W.2d 1 (2016); In re Adoption of Jaelyn B., 293 Neb. 917, 883 N.W.2d 22 (2016).
A mother's authority to compel payment of retroactive child support in a paternity action rests upon the child's right to be supported by the father. Sylvis v. Walling, 248 Neb. 168, 532 N.W.2d 312 (1995).
While the cost of caring for a child is an important consideration in determining child support, the father's ability to make the payments is equally important. Hanson v. Rockwell, 206 Neb. 299, 292 N.W.2d 786 (1980).
Action by father seeking legitimation is not authorized. Paltani v. Creel, 169 Neb. 591, 100 N.W.2d 736 (1960).
Paternity of a child born out of wedlock may be established by acknowledgment or by a judicial proceeding. Timmerman v. Timmerman. 163 Neb. 704, 81 N.W.2d 135 (1957).
On appeal, award will not be disturbed in absence of abuse of discretion. Race v. Mrsny, 155 Neb. 679, 53 N.W.2d 88 (1952).
Attorney fees and costs are recoverable in paternity and child support cases, and an award of such fees and costs will be upheld on appeal absent an abuse of discretion. Both parents of a minor child born out of wedlock have a duty to financially support the child, including payment of costs for health care which are unreimbursed by insurance or other sources. Morrill County on Behalf of Cahoy v. Darsaklis, 7 Neb. App. 489, 584 N.W.2d 36 (1998).
Child support determinations made concomitantly in a filiation proceeding are characterized as "equitable" proceedings. Dworak v. Fugit, 1 Neb. App. 332, 495 N.W.2d 47 (1992).

(1) The father of a child shall also be liable for the reasonable expenses of (a) the child that are associated with the birth of the child and (b) the mother of such child during the period of her pregnancy, confinement, and recovery. Such liability shall be determined and enforced in the same manner as the liability of the father for the support of the child.

(2) In cases in which any medical expenses associated with the birth of the child and the mother of such child during the period of her pregnancy, confinement, and recovery are paid by the medical assistance program, the county attorney or authorized attorney, as defined in section 43-1704, may petition the court for a judgment for all or a portion of the reasonable medical expenses paid by the medical assistance program. Any medical expenses associated with the birth of such child and the mother of such child during the period of her pregnancy, confinement, and recovery that are approved and paid by the medical assistance program shall be presumed to be medically reasonable. If the father challenges any such expenses as not medically reasonable, he has the burden of proving that such expenses were not medically reasonable.

(3) A civil proceeding to recover medical expenses pursuant to this section may be instituted within four years after the child's birth. Summons shall issue and be served as in other civil proceedings, except that such summons may be directed to the sheriff of any county in the state and may be served in any county.

(1) During the period immediately before or after the in-hospital birth of a child whose mother was not married at the time of either conception or birth of the child or at any time between conception and birth of the child, the person in charge of such hospital or his or her designated representative shall provide to the child's mother and alleged father, if the alleged father is readily identifiable and available, the documents and written instructions for such mother and father to complete a notarized acknowledgment of paternity. Such acknowledgment, if signed by both parties and notarized, shall be filed with the Department of Health and Human Services at the same time at which the certificate of live birth is filed.

Nothing in this section shall be deemed to require the person in charge of such hospital or his or her designee to seek out or otherwise locate an alleged father who is not readily identifiable or available.

(2) The acknowledgment shall be executed on a form prepared by the department. Such form shall be in essentially the same form provided by the department and used for obtaining signatures required by section 71-640.02. The acknowledgment shall include, but not be limited to, (a) a statement by the mother consenting to the acknowledgment of paternity and a statement that the alleged father is the biological father of the child, (b) a statement by the alleged father that he is the biological father of the child, (c) written information regarding parental rights and responsibilities, and (d) the social security numbers of the parents.

(3) The form provided for in subsection (2) of this section shall also contain instructions for completion and filing with the department if it is not completed and filed with a birth certificate as provided in subsection (1) of this section.

(4) The department shall accept completed acknowledgment forms and make available to county attorneys or authorized attorneys a record of acknowledgments it has received, as provided in subsection (1) of section 71-612. The department may prepare photographic, electronic, or other reproductions of acknowledgments. Such reproductions, when certified and approved by the department, shall be accepted as the original records, and the documents from which permanent reproductions have been made may be disposed of as provided by rules and regulations of the department.

(5) The department may by regulation establish a nominal payment and procedure for payment by the department for each acknowledgment filed with the department. The amount of such payments and the entities receiving such payments shall be within the limits allowed by Title IV-D of the federal Social Security Act, as amended.

(1) The signing of a notarized acknowledgment, whether under section 43-1408.01 or otherwise, by the alleged father shall create a rebuttable presumption of paternity as against the alleged father.

(2) The signed, notarized acknowledgment is subject to the right of any signatory to rescind the acknowledgment within the earlier of (a) sixty days or (b) 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.

(3)(a) After the rescission period, a signed, notarized acknowledgment is considered a legal finding of paternity. Such legal finding of paternity may be challenged and set aside only:

(ii)(A) By a person who has reason to believe he is the biological father of the child, on the basis of scientifically reliable genetic testing that establishes that such person is the biological father of the child and that the acknowledged father is not the biological father of the child. Such genetic testing shall be performed by a laboratory accredited by the College of American Pathologists or any other national accrediting body or public agency which has requirements that are substantially equivalent to or more comprehensive than those of the college.

(B) A challenge under subdivision (3)(a)(ii)(A) of this section that is filed on or after April 15, 2026, shall only be brought by a person who is also seeking to establish paternity in himself. This requirement does not apply to cases pending on April 15, 2026.

(b) In a challenge under this subsection, the burden of proof shall be upon the challenger, and the legal responsibilities, including the child support obligation, of any signatory arising from the acknowledgment shall not be suspended during the challenge, except for good cause shown.

(4) Such a signed and notarized acknowledgment or a certified copy or certified reproduction thereof shall be admissible in evidence in any proceeding to establish support.

(5) Except as otherwise provided in subdivision (3)(a)(ii)(B) of this section, the changes made to this section by Laws 2026, LB935, apply to actions under sections 43-1401 to 43-1418 that are pending on April 15, 2026, and to cases filed on or after such date.

Annotations

1. Acknowledgment

2. Miscellaneous

1. Acknowledgment

A father whose paternity is established by a final, voluntary acknowledgment has the same right to seek custody as the child's biological mother. Benjamin M. v. Jeri S., 307 Neb. 733, 950 N.W.2d 381 (2020).
A previous paternity determination, including a properly executed and undisturbed acknowledgment, must be set aside before a third party's paternity may be considered. Tyler F. v. Sara P., 306 Neb. 397, 945 N.W.2d 502 (2020).
The proper legal effect of a signed, notarized acknowledgment of paternity is a finding that the individual who signed as the father is in fact the legal father. Tyler F. v. Sara P., 306 Neb. 397, 945 N.W.2d 502 (2020).
In cases where a defendant has signed a notarized acknowledgment of paternity but properly challenges the acknowledgment, due process requires that an indigent defendant be furnished appointed counsel at public expense, even if the case was not commenced as a paternity case. State on behalf of Mia G. v. Julio G., 303 Neb. 207, 927 N.W.2d 817 (2019).
Where the notarized acknowledgment of paternity establishing the appellant as the child's legal father was set aside as fraudulent and the evidence conclusively established that the appellant was not the child's biological father, the juvenile court did not err in excluding the appellant from the juvenile proceedings. In re Interest of Kodi L., 287 Neb. 35, 840 N.W.2d 538 (2013).
The provision in this section that the acknowledgment of paternity is a "legal finding" means that it legally establishes paternity in the person named in the acknowledgment as the father. Cesar C. v. Alicia L., 281 Neb. 979, 800 N.W.2d 249 (2011).
In a filiation proceeding for support of a child born out of wedlock, evidence of the performance of acts described in this statute is not conclusive on the trier of fact, but constitutes relevant evidence of a biological relationship. State on behalf of J.R. v. Mendoza, 240 Neb. 149, 481 N.W.2d 165 (1992).
Furnishing of support was an acknowledgment of paternity. Morimoto v. Nebraska Children's Home Society, 175 Neb. 174, 121 N.W.2d 26 (1963).
While a genetic test result may be evidence of paternity and can establish a rebuttable presumption of paternity under section 43-1415, it is not in itself a legal determination of paternity in the same way as a signed and notarized acknowledgment of paternity may be under this section; as such, the four-year statute of limitations set forth in section 43-1411 applies to an action to establish paternity using genetic test results. Evan S. v. Laura H., 31 Neb. App. 750, 990 N.W.2d 27 (2023).

2. Miscellaneous

This section provides that one's conduct may indicate or be evidence of paternity. Stratman v. Hagen, 221 Neb. 157, 376 N.W.2d 3 (1985).
Where parents of a child born out of wedlock subsequently marry, that child is legitimate. Farmer v. Farmer, 200 Neb. 308, 263 N.W.2d 664 (1978).
A child born out of wedlock living with deceased workman at time of his death was entitled to benefits under Workmen's Compensation Act. Copple v. Bowlin, 172 Neb. 467, 110 N.W.2d 117 (1961).
This section defines what may be regarded as satisfactory proof in a paternity action. Timmerman v. Timmerman, 163 Neb. 704, 81 N.W.2d 135 (1957).

Any judicially approved settlement or order of support made by a court having jurisdiction in the premises shall be binding on the legal representatives of the parent in the event of his or her death, to the same extent as other contractual obligations and judicial judgments or decrees.

(1) A civil proceeding to establish the paternity of a child may be instituted, in the court of the district where the child is domiciled or found or, for cases under the Uniform Interstate Family Support Act, where the alleged father is domiciled, by:

(a) The mother or the alleged father of such child, or a person who has reason to believe he is the biological father of the child, either during pregnancy or within four years after the child's birth, unless:

(i) A valid consent or relinquishment has been made pursuant to sections 43-104.08 to 43-104.24 or section 43-105 for purposes of adoption; or

(ii) A county court or separate juvenile court has jurisdiction over the custody of the child or jurisdiction over an adoption matter with respect to such child pursuant to sections 43-101 to 43-116; or

(b) The guardian or next friend of such child or the state, either during pregnancy or within eighteen years after the child's birth.

(2) Summons shall issue and be served as in other civil proceedings, except that such summons may be directed to the sheriff of any county in the state and may be served in any county.

(3)(a) Notwithstanding any other provision of law, a person who has reason to believe he is the biological father of a child over which the juvenile court already has jurisdiction may file a complaint to intervene in such juvenile proceeding to institute an action to establish the paternity of the child. The complaint to intervene shall be accompanied by an affidavit under oath that the complainant believes he is the biological father of the juvenile. No filing fee shall be charged for filing the complaint and affidavit.

(b) Upon filing of the complaint and affidavit, the juvenile court may enter an order pursuant to section 43-1414 to require genetic testing and to require the juvenile to be made available for genetic testing. The costs of genetic testing shall be paid by the complainant, the county, or the state at the discretion of the juvenile court.

(c) This subsection does not authorize intervention by a person whose parental rights to such child have been terminated by the order of any court of competent jurisdiction.

(4) For purposes of this section, child means a person under the age of eighteen years, regardless of whether the person was born out of wedlock.

(5) The changes made to this section by Laws 2025, LB150, apply to actions under sections 43-1401 to 43-1418 that are pending on June 5, 2025, and to cases filed on or after such date.

Cross References

Uniform Interstate Family Support Act, see section 42-701.

Annotations

1. Constitutionality

2. Next friend

3. Miscellaneous

1. Constitutionality

This section does not violate the Equal Protection Clause because a mother can bring paternity actions on behalf of the child for up to 18 years, while fathers have only 4 years to bring paternity actions; this section treats mothers and putative fathers identically by imposing a 4-year limitations period on paternity actions brought by parents asserting their own rights. Bryan M. v. Anne B., 292 Neb. 725, 874 N.W.2d 824 (2016).
Actions brought by a guardian or next friend on behalf of children born out of wedlock may be brought within 18 years after the child's birth. Moreover, this preservation of a minor child's right to establish paternity does not violate either the U.S. or Nebraska constitutions. State on behalf of S.M. v. Oglesby, 244 Neb. 880, 510 N.W.2d 53 (1994).

2. Next friend

In the context of a paternity action, "next friend" is defined as "one who, in the absence of a guardian, acts for the benefit of an infant". Where a minor child lived with his mother and natural guardian, the court determined there was no legal basis, reason, or cause for a "next friend" to institute a paternity action on the minor child's behalf. Zoucha v. Henn, 258 Neb. 611, 604 N.W.2d 828 (2000).
A next friend is one who, in the absence of a guardian, acts for the benefit of an infant. State on behalf of B.A.T. v. S.K.D., 246 Neb. 616, 522 N.W.2d 393 (1994).

3. Miscellaneous

An alleged father may not institute a proceeding under this section to establish the paternity of a child born in wedlock. Chatterjee v. Chatterjee, 313 Neb. 710, 986 N.W.2d 283 (2023).
The 4-year statute of limitations on paternity actions does not bar an action for child custody and child support for a father who executed an acknowledgment of paternity. Benjamin M. v. Jeri S., 307 Neb. 733, 950 N.W.2d 381 (2020).
The definition of "child" in this section means a child under the age of 18 years born out of wedlock. State on behalf of Miah S. v. Ian K., 306 Neb. 372, 945 N.W.2d 178 (2020).
The State may not bring an action under this section to establish the paternity of a child born in wedlock. State on behalf of Miah S. v. Ian K., 306 Neb. 372, 945 N.W.2d 178 (2020).
An emotional bond with one's biological father is not the type of relationship contemplated by this section, nor is it the type of support with which the State has a reasonable interest. Bryan M. v. Anne B., 292 Neb. 725, 874 N.W.2d 824 (2016).
Father of child born out of wedlock may bring suit to determine paternity. White v. Mertens, 225 Neb. 241, 404 N.W.2d 410 (1987).
This section contains no limitation on a cause of action brought on behalf of a child to establish paternity and secure its rights. Doak v. Milbauer, 216 Neb. 331, 343 N.W.2d 751 (1984).
Determination of paternity not barred by statute of limitations in action to modify divorce decree. Farmer v. Farmer, 200 Neb. 308, 263 N.W.2d 664 (1978).
Filiation proceeding is considered as civil in character. Lockman v. Fulton, 162 Neb. 439, 76 N.W.2d 452 (1956).
While a genetic test result may be evidence of paternity and can establish a rebuttable presumption of paternity under section 43-1415, it is not in itself a legal determination of paternity in the same way as a signed and notarized acknowledgment of paternity may be under section 43-1409; as such, the four-year statute of limitations set forth in this section applies to an action to establish paternity using genetic test results. Evan S. v. Laura H., 31 Neb. App. 750, 990 N.W.2d 27 (2023).
A guardian, next friend of the child, or the State is authorized to bring a paternity action on behalf of a child under subsection (2) of this section within 18 years after the child's birth. This section does not extend the statute of limitations for anyone other than the minor child involved. State on behalf of Elijah K. v. Marceline K., 28 Neb. App. 772, 949 N.W.2d 531 (2020).
In an action filed by the State under this section, the minor child is the real party in interest, and the State is authorized by statute to bring the action on the child's behalf. State on behalf of Elijah K. v. Marceline K., 28 Neb. App. 772, 949 N.W.2d 531 (2020).
Pursuant to this section, the State, in its parens patriae role, may bring a paternity action on behalf of a minor child for future support. The State's right to sue under this section is not conditioned upon the payment of public assistance benefits for the minor child. State on behalf of Elijah K. v. Marceline K., 28 Neb. App. 772, 949 N.W.2d 531 (2020).
This section applies in proceedings that solely seek to establish the paternity of a child or parental support for a child, but not when custody and/or visitation of a child is at issue. Wolter v. Fortuna, 27 Neb. App. 166, 928 N.W.2d 416 (2019).
A biological parent is barred from bringing a paternity action as his or her child's next friend under subdivision (2) of this section when the parent fails to show that the child is without a guardian because the child is living with a biological parent. Tyler F. v. Sara P., 24 Neb. App. 370, 888 N.W.2d 537 (2016).
A parent's right to initiate paternity actions under this section is barred after 4 years, but actions brought by a guardian or next friend on behalf of children born out of wedlock may be brought within 18 years after the child's birth. Tyler F. v. Sara P., 24 Neb. App. 370, 888 N.W.2d 537 (2016).

(1) An action for paternity or parental support under sections 43-1401 to 43-1418 may be initiated by filing a complaint with the clerk of the district court as provided in section 25-2740. Such proceeding may be heard by the county court or the district court as provided in section 25-2740. A paternity determination under sections 43-1411 to 43-1418 may also be decided in a county court or separate juvenile court if the county court or separate juvenile court already has jurisdiction over the child whose paternity is to be determined.

(2) Whenever termination of parental rights is placed in issue in any case arising under sections 43-1401 to 43-1418, the Nebraska Juvenile Code and the Parenting Act shall apply to such proceedings.

(3) The court may stay the paternity action if there is a pending criminal allegation of sexual assault under section 28-319 or 28-320 or a law in another jurisdiction similar to either section 28-319 or 28-320 against the alleged father with regard to the conception of the child.

Cross References

Nebraska Juvenile Code, see section 43-2,129.
Parenting Act, see section 43-2920.

(1) The method of trial shall be the same as that in other civil proceedings, except that the trial shall be by the court without a jury unless a jury is requested (a) by the alleged father, in a proceeding instituted by the mother or the guardian or next friend, or (b) by the mother, in a proceeding instituted by the alleged father. It being contrary to public policy that such proceedings should be open to the general public, no one but the parties, their counsel, and others having a legitimate interest in the controversy shall be admitted to the courtroom during the trial of the case. The alleged father and the mother shall be competent to testify. The uncorroborated testimony (i) of the mother, in a proceeding instituted by the mother or the guardian or next friend, or (ii) of the alleged father, in a proceeding instituted by the alleged father, shall not alone be sufficient to support a verdict or finding that the alleged father is actually the father. Refusal by the alleged father to comply with an order of the court for genetic testing shall be deemed corroboration of the allegation of paternity. A signed and notarized acknowledgment of paternity or a certified copy or certified reproduction thereof shall be admissible in evidence in any proceeding to establish paternity without the need for foundation testimony or other proof of authenticity or accuracy.

If it is determined in this proceeding that the alleged father is actually the father of the child, a judgment shall be entered declaring the alleged father to be the father of the child.

(2) A default judgment shall be entered upon a showing of service and failure of the defendant to answer or otherwise appear.

(3) If a judgment is entered under this section declaring the alleged father to be the father of the child, the court shall retain jurisdiction of the cause and enter such order of support, including the amount, if any, of any court costs and attorney's fees which the court in its discretion deems appropriate to be paid by the father, as may be proper under the procedure and in the manner specified in section 43-512.04. If it is not determined in the proceeding that the alleged father is actually the father of the child, the court shall, if it finds that the action was frivolous, award court costs and attorney's fees incurred by the alleged father, with such costs and fees to be paid by the plaintiff.

(4) All judgments under this section declaring the alleged father to be the father of the child shall include the father's social security number. The social security number of the declared father of the child shall be furnished to the clerk of the district court in a document accompanying the judgment.

Annotations

1. Jurisdiction

2. Burden of proof

3. Request for jury trial

4. Judicial determination of paternity - proceeding

5. Corroboration of testimony

6. Attorney's fees and costs

7. Miscellaneous

1. Jurisdiction

Paternity statutes cannot circumscribe the district court’s inherent equitable power to determine child custody. Charleen J. v. Blake O., 289 Neb. 454, 855 N.W.2d 587 (2014).
A district court retains jurisdiction for orders regarding child support notwithstanding the fact that a paternity determination is on appeal. State on Behalf of Joseph F. v. Rial, 251 Neb. 1, 554 N.W.2d 769 (1996).

2. Burden of proof

In a civil action, only a preponderance of the evidence is necessary to sustain the establishment of paternity. State v. Yelli, 247 Neb. 785, 530 N.W.2d 250 (1995).
In a paternity proceeding, only a preponderance of evidence is necessary to sustain a verdict. Snay v. Snarr, 195 Neb. 375, 238 N.W.2d 234 (1976).

3. Request for jury trial

This section authorizes a plaintiff claiming to be the father of a child born out of wedlock to request a jury trial if he so desires. Stratman v. Hagen, 221 Neb. 157, 376 N.W.2d 3 (1985).
Jury trial may be obtained if requested by any putative father who is made defendant in any proceedings under 1941 act. In re Application of Rozgall, 147 Neb. 260, 23 N.W.2d 85 (1946).

4. Judicial determination of paternity - proceeding

In filiation proceedings, only a preponderance of the evidence is necessary to sustain establishment of paternity. In filiation proceedings tried to the trial court without a jury, findings of the trial court have the same effect as a jury verdict, and such findings will not be disturbed unless clearly wrong. The corroboration of testimony required in filiation proceedings may consist of circumstantial evidence. Gregory v. Davis, 214 Neb. 408, 334 N.W.2d 1 (1983).
In a proceeding to determine paternity of a child under the provisions of sections 13-101 to 13-112 (transferred to Chapter 43, article 14) the mother is a competent witness on the issue of the child's paternity. Roebuck v. Fraedrich, 201 Neb. 413, 267 N.W.2d 759 (1978).
If the mother brings the paternity action within 4 years of the child's birth, she need not bring such action on behalf of the child and the court may award retroactive support. Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005).
Relevant evidence of paternity includes evidence of sexual intercourse between the mother and alleged father at any possible time of conception and the results of blood testing. Corroboration means independent evidence which tends to strengthen or otherwise to confirm the testimony of the mother of the child whose paternity is in issue. State on behalf of Cooper v. Harmon, 2 Neb. App. 612, 512 N.W.2d 656 (1994).
A "frivolous paternity proceeding" means a paternity suit brought for an improper motive or premised upon a legal position so wholly without merit as to be without rational argument in the law or evidence. State ex rel. Mooney v. Duer, 1 Neb. App. 84, 487 N.W.2d 575 (1992).

5. Corroboration of testimony

Corroboration of the mother's testimony that defendant is the father is sufficient, if she be corroborated as to material facts and circumstances which tend to support her testimony and from which, together with her testimony as to the principal act, the inference of guilt may be drawn. Wade v. Hicks, 191 Neb. 847, 218 N.W.2d 222 (1974).
Corroboration of complainant is required. Lockman v. Fulton, 162 Neb. 439, 76 N.W.2d 452 (1956).
Corroboration of mother is required. State ex rel. Klostermeier v. Klostermeier, 161 Neb. 247, 72 N.W.2d 848 (1955).

6. Attorney's fees and costs

Subsection (3) of this section specifically provides that attorney fees and costs are allowed in paternity and child support cases brought by a child's mother, father, or guardian or next friend, the county attorney, or another authorized attorney. To the extent State ex rel. Reitz v. Ringer, 244 Neb. 976, 510 N.W.2d 294 (1994), holds otherwise, it is overruled. Cross v. Perreten, 257 Neb. 776, 600 N.W.2d 780 (1999).
Attorney fees and costs are statutorily allowed in paternity and child support cases. Coleman v. Kahler, 17 Neb. App. 518, 766 N.W.2d 142 (2009).
This section provides that attorney fees and costs are recoverable in paternity and child support cases, and an award of such fees and costs will be upheld on appeal absent an abuse of discretion. Morrill County on Behalf of Cahoy v. Darsaklis, 7 Neb. App. 489, 584 N.W.2d 36 (1998).

7. Miscellaneous

Retroactive support is included in the support that the trial court may order under subsection (3) of this section. State on behalf of Elijah K. v. Marceline K., 28 Neb. App. 772, 949 N.W.2d 531 (2020).

(1) An individual may file a complaint for relief and the court may set aside a final judgment, court order, administrative order, obligation to pay child support, or any other legal determination of paternity if a scientifically reliable genetic test performed in accordance with sections 43-1401 to 43-1418 establishes the exclusion of the individual named as a father in the legal determination. The court shall appoint a guardian ad litem to represent the interest of the child. The filing party shall pay the costs of such test.

(2) A court that sets aside a determination of paternity in accordance with this section shall order completion of a new birth record and may order any other appropriate relief, including setting aside an obligation to pay child support.

(3) No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending complaint for relief from a determination of paternity under this section, but only from the date that notice of the complaint was served on the nonfiling party.

(4) A court shall not grant relief from determination of paternity if the individual named as father:

(a) Completed a notarized acknowledgment of paternity pursuant to section 43-1408.01, unless such acknowledgement has been set aside under subsection (3) of section 43-1409;

(5) The changes made to this section by Laws 2026, LB935, apply to actions under sections 43-1401 to 43-1418 that are pending on April 15, 2026, and to cases filed on or after such date.

Annotations

This section provides support for the conclusion that an acknowledgment legally establishes paternity and grants the individual named as the father the legal status of a parent to the child, regardless of genetic factors. Benjamin M. v. Jeri S., 307 Neb. 733, 950 N.W.2d 381 (2020).
A properly executed acknowledgment of paternity cannot be set aside merely by DNA testing which later shows the identified individual is not the child's biological father. Tyler F. v. Sara P., 306 Neb. 397, 945 N.W.2d 502 (2020).
The State is not an "individual" who may file a complaint to disestablish paternity under this section. State on behalf of Miah S. v. Ian K., 306 Neb. 372, 945 N.W.2d 178 (2020).
The disestablishment provisions of this section presuppose a legal determination of paternity and are not applicable until after a final judgment or other legal determination of paternity has been entered. Erin W. v. Charissa W., 297 Neb. 143, 897 N.W.2d 858 (2017).
This section permits, but does not require, a court to set aside a child support obligation when paternity has been disestablished. It does not authorize any change in child support without such disestablishment of paternity. Stacy M. v. Jason M., 290 Neb. 141, 858 N.W.2d 852 (2015).
The question of whether a paternity decree should be set aside must be determined under this section, applicable to setting aside a judgment of paternity, and not under the provisions of section 25-2001, applicable to vacating judgments in general. Jeffrey B. v. Amy L., 283 Neb. 940, 814 N.W.2d 737 (2012).
This section gives the court discretion to determine whether disestablishment of paternity is appropriate in light of both the adjudicated father's interests and the best interests of the child, and should weigh factors such as (1) the child's age, (2) the length of time since the establishment of paternity, (3) the previous relationship between the child and the established father, and (4) the possibility that the child could benefit from establishing the child's actual paternity. Alisha C. v. Jeremy C., 283 Neb. 340, 808 N.W.2d 875 (2012).
This section is applicable to both adjudicated fathers who were married to the child's mother and those who were not. Alisha C. v. Jeremy C., 283 Neb. 340, 808 N.W.2d 875 (2012).
This section overrides res judicata principles and allows, in limited circumstances, an adjudicated father to disestablish a prior, final paternity determination based on genetic evidence that the adjudicated father is not the biological father. Alisha C. v. Jeremy C., 283 Neb. 340, 808 N.W.2d 875 (2012).

In any local law, ordinance or resolution, or in any public or judicial proceeding, or in any process, notice, order, decree, judgment, record or other public document or paper, the terms bastard or illegitimate child shall not be used but the term child born out of wedlock shall be used in substitution therefor and with the same force and effect.

(1)(a) In any proceeding to establish paternity, the court may, on its own motion, or shall, on a timely request of a party, after notice and hearing, require the child, the mother, and the alleged father to submit to genetic testing to be performed on blood or any other appropriate genetic testing material. Failure to comply with such requirement for genetic testing shall constitute contempt and may be dealt with in the same manner as other contempts. If genetic testing is required, the court shall direct that inherited characteristics be determined by appropriate testing procedures and shall appoint an expert in genetic testing and qualified as an examiner of genetic markers to analyze and interpret the results and to report to the court. The court shall determine the number of experts required.

(b) For purposes of this subsection, child means a person under the age of eighteen years, regardless of whether the person was born out of wedlock.

(2) In any proceeding to establish paternity, the Department of Health and Human Services, county attorneys, and authorized attorneys have the authority to require the child, the mother, and the alleged father to submit to genetic testing to be performed on blood or any other appropriate genetic testing material. All genetic testing shall be performed by a laboratory accredited by the College of American Pathologists or any other national accrediting body or public agency which has requirements that are substantially equivalent to or more comprehensive than those of the college.

(3) Except as authorized under sections 43-1414 to 43-1418, a person shall not disclose information obtained from genetic paternity testing that is done pursuant to such sections.

(4) If an alleged father who is tested as part of an action under such sections is found to be the child's father, the testing laboratory shall retain the genetic testing material of the alleged father, mother, and child for no longer than the period of years prescribed by the national standards under which the laboratory is accredited. If a man is found not to be the child's father, the testing laboratory shall destroy the man's genetic testing material in the presence of a witness after such material is used in the paternity action. The witness may be an individual who is a party to the destruction of the genetic testing material. After the man's genetic testing material is destroyed, the testing laboratory shall make and keep a written record of the destruction and have the individual who witnessed the destruction sign the record. The testing laboratory shall also expunge its records regarding the genetic paternity testing performed on the genetic testing material in accordance with the national standards under which the laboratory is accredited. The testing laboratory shall retain the genetic testing material of the mother and child for no longer than the period of years prescribed by the national standards under which the laboratory is accredited. After a testing laboratory destroys an individual's genetic testing material as provided in this subsection, it shall notify the adult individual, or the parent or legal guardian of a minor individual, by certified mail that the genetic testing material was destroyed.

(5) A testing laboratory is required to protect the confidentiality of genetic testing material, except as required for a paternity determination. The court and its officers shall not use or disclose genetic testing material for a purpose other than the paternity determination.

(6) A person shall not buy, sell, transfer, or offer genetic testing material obtained under sections 43-1414 to 43-1418.

(7) A testing laboratory shall annually have an independent audit verifying the contracting laboratory's compliance with this section. The audit shall not disclose the names of, or otherwise identify, the test subjects required to submit to testing during the previous year. The testing laboratory shall forward the audit to the department.

(8) Any person convicted of violating this section shall be guilty of a Class IV misdemeanor for the first offense and a Class III misdemeanor for the second or subsequent offense.

(9) For purposes of sections 43-1414 to 43-1418, an expert in genetic testing means a person who has formal doctoral training or postdoctoral training in human genetics.

(10) The changes made to this section by Laws 2025, LB150, apply to actions under sections 43-1401 to 43-1418 that are pending on June 5, 2025, and to cases filed on or after such date.

Cross References

Genetic testing, access to information, see section 43-3327.

Annotations

The Legislature's approval of genetic analysis is clearly aimed at diagnostic, rather than forensic, uses of DNA profiling. State v. Houser, 241 Neb. 525, 490 N.W.2d 168 (1992).
The purpose of this section is to make evidence from genetic testing available for use at trial. State v. Smith, 231 Neb. 740, 437 N.W.2d 803 (1989).

(1) The results of the tests, including the statistical probability of paternity, shall be admissible evidence and, except as provided in subsection (2) of this section, shall be weighed along with other evidence of paternity.

(2) When the results of tests, whether or not such tests were ordered pursuant to section 43-1414, show a probability of paternity of ninety-nine percent or more, there shall exist a rebuttable presumption of paternity.

(3) Such evidence may be introduced by verified written report without the need for foundation testimony or other proof of authenticity or accuracy unless there is a timely written request for personal testimony of the expert at least thirty days prior to trial.

Annotations

While a genetic test result may be evidence of paternity and can establish a rebuttable presumption of paternity under this section, it is not in itself a legal determination of paternity in the same way as a signed and notarized acknowledgment of paternity may be under section 43-1409; as such, the four-year statute of limitations set forth in section 43-1411 applies to an action to establish paternity using genetic test results. Evan S. v. Laura H., 31 Neb. App. 750, 990 N.W.2d 27 (2023).
When genetic tests show a probability of paternity of 99 percent or more, a rebuttable presumption is created without the need for any other evidence. State on behalf of Dady v. Snelling, 10 Neb. App. 740, 637 N.W.2d 906 (2001).

The chain of custody of blood or tissue specimens shall be competent evidence and admissible by stipulation or by a verified written report, without the need for foundation testimony or other proof of authenticity, unless a timely written request for testimony is made at least thirty days prior to trial.

If the result of genetic testing or the expert's analysis of inherited characteristics is disputed, the court, upon reasonable request of a party, shall order that additional testing be done by the same laboratory or an independent laboratory at the expense of the party requesting additional testing.

In cases where the court orders genetic testing at the request of a party, the requesting party shall initially pay such expense. In cases where the court orders genetic testing in the absence of a request of any party, the assessment of the cost of such testing shall be determined by the court. Whenever the disputing party prevails, the costs shall be borne by the other party.