Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2309 (2026)

Meaning of child and related terms

✓ current as of July 2026

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If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person,

(1) an adopted person is the child of an adopting parent and not of the natural parents except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent.

(2) in cases not covered by (1), a person born out of wedlock is a child of the mother. That person is also a child of the father, if:

(i) the natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or

(ii) the paternity is established by an adjudication before the death of the father or is established thereafter by strict, clear and convincing proof. The open cohabitation of the mother and alleged father during the period of conception shall be admissible as evidence of paternity. The paternity established under this subparagraph (ii) is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1980–2024 · leading case: In re Est. of McCormick, 317 Neb. 960 (Neb. 2024).

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In re Est. of McCormick, 317 Neb. 960 (Neb. 2024). · cites it 18× “The county court began its analysis by determining that for purposes of the Nebraska Probate Code, see Neb. Rev. Stat. § 30-2309 (Reissue 2016) (generally concerning intes- tate succession as applied to parents and children), Brent’s paternity as to Beth had been established by…”

In Re Est. of Trew, 507 N.W.2d 478 (Neb. 1993). · cites it 11× “The county court relied upon Neb. Rev. Stat. § 30-2309 (Reissue 1989) of the Nebraska Probate Code to support its finding that Chaney and Johnson were children of Earl Trew because their paternity had been established by an adjudication before Trew’s death.”

In Re Est. of Luckey, 291 N.W.2d 235 (Neb. 1980). · cites it 11× “The trial court decreed that the second adoption terminated the relationship between the child and his first adoptive father and, therefore, under the provisions of Neb. Rev. Stat. § 30-2309 (Reissue 1975), eliminated the child’s right to inherit under the Nebraska laws of…”

In Re Est. of Brionez, 603 N.W.2d 688 (Neb. Ct. App. 2000). · cites it 10× “INTRODUCTION The personal representative of a father’s intestate estate appeals the county court’s determination that two other individuals were also children of the decedent and thus also heirs of the estate pursuant to Neb. Rev. Stat. § 30-2309 (2) (Reissue *915 1995).”

In Re Est. of Hannan, 523 N.W.2d 672 (Neb. 1994). · cites it 2× “Nebraska statutes further provide that an adopted child is the child of an adopting parent, Neb. Rev. Stat. § 30-2309 (1) (Reissue 1989), and that adopted persons are included in class gift terminology.”

State on Behalf of JR v. Mendoza, 481 N.W.2d 165 (Neb. 1992). · cites it 2× “Neb. Rev. Stat. § 30-2309 (Reissue 1989) (establishing standard by which children born out of wedlock may prove paternity for purposes of intestate succession).”

In Re Trust Created by Nixon, 763 N.W.2d 404 (Neb. 2009). · cites it 2× “McGehee , Nebraska has no statute prohibiting persons adopted in other states from inheriting property.”

In Re Est. of Hannan, 513 N.W.2d 339 (Neb. Ct. App. 1994). · cites it 2× “Neb. Rev. Stat. § 30-2309 (Reissue 1989) provides, in significant part: “If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, (1) an adopted person is the child of an adopting…”

Rainey v. Chever, 527 U.S. 1044 (1999). “2 (1994); Neb. Rev. Stat. §30-2309 (2) (1995); S.C.”

— Neb. Rev. Stat. § 30-2309(1) — 1 case

In re Est. of McCormick, 317 Neb. 960 (Neb. 2024). “The county court began its analysis by determining that for purposes of the Nebraska Probate Code, see Neb. Rev. Stat. § 30-2309 (Reissue 2016) (generally concerning intes- tate succession as applied to parents and children), Brent’s paternity as to Beth had been established by…”

— Neb. Rev. Stat. § 30-2309(2) — 2 cases

In Re Est. of Trew, 507 N.W.2d 478 (Neb. 1993). “The county court relied upon Neb. Rev. Stat. § 30-2309 (Reissue 1989) of the Nebraska Probate Code to support its finding that Chaney and Johnson were children of Earl Trew because their paternity had been established by an adjudication before Trew’s death.”

In Re Est. of Brionez, 603 N.W.2d 688 (Neb. Ct. App. 2000). “INTRODUCTION The personal representative of a father’s intestate estate appeals the county court’s determination that two other individuals were also children of the decedent and thus also heirs of the estate pursuant to Neb. Rev. Stat. § 30-2309 (2) (Reissue *915 1995).”

— Neb. Rev. Stat. § 30-2309(2)(ii) — 2 cases

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