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).