Neb. Rev. Stat. » Chapter 42
Nebraska Revised Statutes

Neb. Rev. Stat. § 42-377 (2026)

Legitimacy of children

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Children born to the parties, or to either spouse, in a marriage relationship which may be dissolved or annulled pursuant to sections 42-347 to 42-381 shall be legitimate unless otherwise decreed by the court, and in every case the legitimacy of all children conceived before the commencement of the suit shall be presumed until the contrary is shown.

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1974–2023 · leading case: Erin W. v. Charissa W., 897 N.W.2d 858 (Neb. 2017).
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Erin W. v. Charissa W., 897 N.W.2d 858 (Neb. 2017). · cites it 11× “Under Nebraska com- mon law, later embodied in Neb. Rev. Stat. § 42-377 (Reissue 2016), a child born during a marriage relationship is presumed to be the hus- band’s child.”
Cavanaugh v. DeBaudiniere, 493 N.W.2d 197 (Neb. Ct. App. 1992). · cites it 6× “Neb. Rev. Stat. § 42-377 (Reissue 1988) states: Children born to the parties, or to the wife, in a marriage relationship which may be dissolved or annulled pursuant to sections 42-347 to 42-379, shall be legitimate unless otherwise decreed by the court, and in every case the…”
Hickenbottom v. Hickenbottom, 477 N.W.2d 8 (Neb. 1991). · cites it 4× “§ 42-351 (Reissue 1988), which provides for the jurisdiction of the district court in divorce cases: (1) In proceedings under sections 42-347 to 42-379, the court shall have jurisdiction to inquire into such matters, make such investigations, and render such judgments and make…”
State v. Batt, 573 N.W.2d 425 (Neb. 1998). · cites it 2× “Neb. Rev. Stat. § 42-377 (Reissue 1993) provides: Children born to the parties, or to the wife, in a marriage relationship which may be dissolved or annulled pursuant to sections 42-347 to 42-379, shall be legitimate unless otherwise decreed by the court, and in every case the…”
Heather Martin Gartner v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). · cites it 2× “”); Neb. Rev. Stat. § 42-377 (2012) (“Children born to the parties, or to the wife, in a marriage relationship .”
Stacy M. v. Jason M., 858 N.W.2d 852 (Neb. 2015). · cites it 4× “Under Nebraska com- mon law, later embodied in Neb. Rev. Stat. § 42-377 (Reissue 2008), legitimacy of children born during wedlock is presumed.”
Perkins v. Perkins, 253 N.W.2d 42 (Neb. 1977). · cites it 2× “Section 42-377, R. R. S. 1943, provides that in every case the legitimacy of all children conceived before the commencement of the suit shall be presumed until the contrary is shown.”
Helter v. Williamson, 478 N.W.2d 6 (Neb. 1991). · cites it 2× “Although the parties do not dispute Kristopher’s parentage, he is presumed to be an issue of appellee’s marriage to Tracy Williamson absent clear and convincing evidence to the contrary.”
State v. Ian K., 945 N.W.2d 178 (Neb. 2020). · cites it 2× “” 5 In this case, it is undisputed that Cameo and Aaron were married when the child was born.”
In re Chance J., 776 N.W.2d 519 (Neb. 2009). · cites it 2× “[12] Neb.Rev.Stat. § 42-377 (Reissue 2008). [13] See, In re Morris, 892 So.”
Presle v. Presle, 634 N.W.2d 785 (Neb. 2001). · cites it 2× “red in failing to consider the issues of estoppel and laches; (3) the court erred in determining that the State, as assignee, had not waived or was not estopped from asserting any rights it may have had; (4) the court erred in granting standing to the State and in sustaining its…”
Roebuck v. Fraedrich, 267 N.W.2d 759 (Neb. 1978). · cites it 4× “1257 (1777), and has been to some extent preserved in the marriage dissolution act, section 42-377, R. R. S. 1943, which provides: “Children bom to the parties, or to the wife, in a marriage relationship which may be dissolved or annulled pursuant to sections 42-347 to 42-379,…”
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