Nebraska Revised Statute 43-1415

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Chapter 43

43-1415.

Results of genetic tests; admissible evidence; rebuttable presumption.

(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).