Neb. Rev. Stat. » Chapter 43
Nebraska Revised Statutes

Neb. Rev. Stat. § 43-104.02 (2026)

Child born out of wedlock; Notice of Objection to Adoption and Intent to Obtain Custody; filing requirements

✓ current as of July 2026
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(1) A Notice of Objection to Adoption and Intent to Obtain Custody shall be filed with the putative father registry under section 43-104.01 on forms provided by the Department of Health and Human Services:

(a) At any time during the pregnancy and no later than ten business days after the birth of the child; or

(b) If the notice required by section 43-104.13 is provided after the birth of the child:

(i) At any time during the pregnancy and no later than ten business days after receipt of the notice provided under section 43-104.12; or

(ii) No later than ten business days after the last date of any published notice provided under section 43-104.14, whichever notice is earlier.

(2) Such notice shall be considered to have been filed if it is received by the Department of Health and Human Services, Office of Vital Records, putative father registry or postmarked prior to the end of the tenth business day as provided in this section.

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1986–2021 · leading case: In Re Adoption of Kassandra B., 540 N.W.2d 554 (Neb. 1995).
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In Re Adoption of Kassandra B., 540 N.W.2d 554 (Neb. 1995). · cites it 56× “Their petition further alleged that the claim of paternity should not be recognized by the court pursuant to the provisions of Neb.Rev. Stat. § 43-104.02 (Reissue 1993) for the reason that such claim is barred by not having been filed within 5 days after the birth of each of the…”
Friehe v. Schaad, 545 N.W.2d 740 (Neb. 1996). · cites it 20× “Friehe asserted that since Schaad had not filed a notice of intent to claim paternity within 5 days of the child’s birth, as required by Neb. Rev. Stat. §§ 43-104.02 and 43-104.04 (Reissue 1993), Schaad’s consent to relinquishment was unnecessary.”
Shoecraft v. Catholic Soc. Servs. Bureau, Inc., 385 N.W.2d 448 (Neb. 1986). · cites it 24× “This is an appeal from an order of the district court for Lancaster County holding that Neb.Rev.Stat. §§ 43-104.02 et seq. (Reissue 1984) are void as violative of the U.”
In Re Adoption of Baby Girl H., 635 N.W.2d 256 (Neb. 2001). · cites it 12× “05 provided in part: If a notice of intent to claim paternity and obtain custody is timely filed with the biological father registry pursuant to section 43-104.”
In Re Adoption of Jaden M., 725 N.W.2d 410 (Neb. 2006). · cites it 17× “Under Neb. Rev. Stat. §§ 43-104.02 and 43-104.05 (Reissue 2004) (biological father registry statutes), a putative father who intends to claim paternity and obtain custody of a child born out of wedlock must file notice with the biological father registry and adjudicate his claim…”
In Re Adoption of Corbin J., 775 N.W.2d 404 (Neb. 2009). · cites it 8× “(3) Consent shall not be required of a putative father who has failed to timely file (a) a Notice of Objection to Adoption and Intent to Obtain Custody pursuant to section 43-104.02 and, with respect to the absence of such filing, a certificate has been filed pursuant to section…”
Adoption of Kassandra B. v. MARTIN G., 524 N.W.2d 821 (Neb. Ct. App. 1994). · cites it 14× “The Savages filed their petition for adoption of the two children on October 20, alleging that the claim of paternity filed by Martin should not be recognized pursuant to Neb. Rev. Stat. § 43-104.02 (Reissue 1993) for the reason that the claim was barred as not having been filed…”
S.R.S. v. M.C.C., 408 N.W.2d 272 (Neb. 1987). · cites it 14× “He assigns two errors: that Neb. Rev. Stat. §§ 43-104.02 et seq. (Reissue 1984) are unconstitutional on their face and as applied to him and that the court erred in finding that he had abandoned his son during the 6 months prior to the filing of the adoption proceeding.”
Jeremiah J. v. Dakota D., 287 Neb. 617 (Neb. 2014). · cites it 4× “The county court granted Dakota’s motion for summary judg- ment, because it determined that Jeremiah did not comply with the statutory requirement under Neb. Rev. Stat. § 43-104.02 (Reissue 2008) that an objection must be filed within 5 busi- ness days of the child’s birth.”
Bohaboj v. Rausch, 721 N.W.2d 655 (Neb. 2006). · cites it 2× “05 of the adoption statutes provides: If a notice of intent to claim paternity and obtain custody is timely filed with the biological father registry pursuant to section 43-104.02, either the claimant-father, the mother, or her agent specifically designated in writing shall,…”
Armour v. L.H., 608 N.W.2d 599 (Neb. 2000). · cites it 4× “§ 43-104.02. When Armour’s petition was filed on August 21, 1998, § 43-104.”
In re Raquel Marie X., 76 N.Y.2d 387 (NY 1990). “A number of States have granted veto rights to unwed fathers on condition that they file a notice of paternity and intent to support the child within specified time limits — which may be as short as five days — provided they have not otherwise abandoned the child (see, e.”
Show all 22 citing cases →
— Neb. Rev. Stat. § 43-104.02(1) — 1 case
In Re Adoption of Kassandra B., 540 N.W.2d 554 (Neb. 1995). “Their petition further alleged that the claim of paternity should not be recognized by the court pursuant to the provisions of Neb.Rev. Stat. § 43-104.02 (Reissue 1993) for the reason that such claim is barred by not having been filed within 5 days after the birth of each of the…”
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