Nebraska Revised Statutes
Neb. Rev. Stat. § 42-377 (2026)
Legitimacy of children
✓ current as of July 2026
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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., 297 Neb. 143 (Neb. 2017).
Erin W. v. Charissa W., 297 Neb. 143 (Neb. 2017). “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). “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). “§ 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 on Behalf of Hopkins v. Batt, 573 N.W.2d 425 (Neb. 1998). “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 & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). “”); Neb. Rev. Stat. § 42-377 (2012) (“Children born to the parties, or to the wife, in a marriage relationship .”
Chatterjee v. Chatterjee, 986 N.W.2d 283 (Neb. 2023). “The presump- tion set forth in Neb. Rev. Stat. § 42-377 (Cum. Supp. 2022) may be rebutted by clear, satisfactory, and convincing evidence.”
Stacy M. v. Jason M., 290 Neb. 141 (Neb. 2015). “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). “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). “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 on behalf of Miah S. v. Ian K., 306 Neb. 372 (Neb. 2020). “4 ANALYSIS Under Nebraska common law, now embodied in Neb. Rev. Stat. § 42-377 (Supp. 2019), children born to parties in a mar- riage relationship “shall be legitimate unless otherwise decreed by the court.”
In Re Chance J., 776 N.W.2d 519 (Neb. 2009). “[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). “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…”
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