How to Establish Paternity in Nebraska: A Guide for Modern Families
Establishing paternity in Nebraska is the legal process of recognizing a child’s parent(s). It secures child support, inheritance, health benefits, and decision-making rights, especially for unmarried, immigrant, and LGBTQ+ parents. Paternity can be established through a Voluntary Acknowledgment of Paternity (AOP) form, a court order, or an administrative process with DHHS. It is the legal foundation that protects both children and parents in Nebraska.
Why Does Establishing Paternity in Nebraska Matter?
Paternity is more than a name on a birth certificate—it’s about love, security, and belonging. For families in Nebraska, establishing legal parentage is one of the most important steps to protect a child’s future and solidify parental rights.
When paternity is legally recognized, children gain access to:
Financial Support from both parents, including child support.
Health & Government Benefits like insurance, Social Security, or veterans’ benefits.
Inheritance Rights to property, money, and other assets.
Family Medical History that can be critical for their health.
For parents, it provides the legal standing to seek custody, parenting time, and decision-making authority. Without it, an unmarried parent may have no enforceable rights, no matter their level of involvement.
Three Ways to Establish Paternity Under Nebraska Law
In Nebraska, paternity is only automatic if the parents are married at the time of the child’s birth. Unmarried parents must establish it through one of three legal paths:
1. Voluntary Acknowledgment of Paternity (AOP)
The simplest and most common method. Both parents sign a notarized Acknowledgment of Paternity form, often at the hospital. Once filed, it has the force of a court order. Learn more about the process on the Nebraska DHHS website.
2. Court Order
If there is a dispute or one parent will not cooperate, either parent can file a court action. Judges typically order genetic (DNA) testing, and if the test confirms parentage, the court issues a binding order.
3. Administrative Order through DHHS
The Nebraska Department of Health and Human Services, often via Child Support Enforcement, may initiate proceedings to establish paternity, which can also include genetic testing.
Once paternity is established—whether by acknowledgment, court order, or administrative process—it is legally binding and very difficult to overturn.
Special Considerations for Immigrant and LGBTQ+ Families
Paternity carries special significance for certain families.
Immigrant Families: Paternity can determine whether a child qualifies for U.S. citizenship, a green card, or other immigration benefits. Without legal recognition, families risk losing access to life-changing immigration opportunities.
LGBTQ+ Families: When children are born through assisted reproduction or surrogacy, the law may not automatically recognize the non-biological parent. Establishing legal parentage—through acknowledgment, adoption, or court order—ensures both parents have equal rights and protections.
Frequently Asked Questions (FAQ) About Nebraska Paternity Laws
Does signing the birth certificate establish paternity in Nebraska?
No. While important, the birth certificate alone does not establish legal rights. Parents must sign the Acknowledgment of Paternity form or obtain a court order.
Can I establish paternity for an older child?
Yes. Under Nebraska Revised Statute § 43-1411, a paternity action may be filed anytime before the child turns 19. Courts can also order retroactive child support.
What if the other parent refuses to acknowledge paternity?
You may file a court action. Judges can order genetic testing and will establish paternity if the test confirms parentage.
Can a paternity acknowledgment be reversed?
Only in very limited circumstances. Nebraska law allows challenges within a short timeframe and only for reasons like fraud, duress, or material mistake of fact.
Building Your Family’s Legal Foundation
Every child deserves the security of knowing their family is protected under the law. Every parent deserves to have their role legally recognized. Establishing paternity in Nebraska provides that foundation, ensuring stability, resources, and peace of mind for families of all kinds—whether married, unmarried, immigrant, or LGBTQ+.
Feeling uncertain about your rights as a parent? Our firm helps Nebraska families navigate the process of establishing paternity with clarity and confidence. Contact us today to schedule a consultation.