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

Neb. Rev. Stat. § 43-104.04 (2026)

Child born out of wedlock; failure to file notice; effect

✓ current as of July 2026
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If a Notice of Objection to Adoption and Intent to Obtain Custody is not timely filed with the putative father registry pursuant to section 43-104.02, the mother of a child born out of wedlock or an agent specifically designated in writing by the mother may request, and the Department of Health and Human Services shall supply, a certificate that no such notice has been filed with the putative father registry. The filing of such certificate pursuant to section 43-102 shall eliminate the need or necessity of a consent or relinquishment for adoption by the putative father of such child.

Notes of Decisions
Cited in 6 cases, 1986–2010 · 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 10× “02, § 43-104.04 states that the Department of Social Services shall supply, a certificate that no notice of intent to claim paternity has been filed with the department and the filing of such certificate pursuant to section 43-102 shall eliminate the need or necessity of a…”
In Re Adoption of Corbin J., 775 N.W.2d 404 (Neb. 2009). · cites it 5× “02 and, with respect to the absence of such filing, a certificate has been filed pursuant to section 43-104.04.. . . Section 43-104.01(7) provides: A person who has been adjudicated by a Nebraska court of competent jurisdiction to be the biological father of a child born out of…”
Ashby v. State, 779 N.W.2d 343 (Neb. 2010). · cites it 2× “[82] CONCLUSION We conclude that the district court lacked jurisdiction over Whitmire and that the district court properly dismissed Ashby's claims against the remaining defendants.”
Shoecraft v. Catholic Soc. Servs. Bureau, Inc., 385 N.W.2d 448 (Neb. 1986). · cites it 4× “Section 43-104.04 provides: If a notice of paternity is not filed within five days, the mother of a child born out of wedlock or an agent specifically designated in writing by the mother may request, and the Department of Social Services shall supply, a certificate that no…”
Friehe v. Schaad, 545 N.W.2d 740 (Neb. 1996). “*830 Additionally, § 43-104.04 provides: If a notice of paternity is not filed within five days, the mother of a child born out of wedlock or an agent specifically designated in writing by the mother may request, and the Department of Social Services shall supply, a certificate…”
In Re Adoption of Baby Girl H., 635 N.W.2d 256 (Neb. 2001). “The Court held that the putative father registry protected that right and further stated that the possibility that the father failed to use the registry because of his ignorance of the law could not be a sufficient reason for criticizing the law itself.”
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