In order to attempt to inform the biological father or possible biological fathers, whether putative, acknowledged, or adjudicated, of the right to execute a relinquishment and consent to adoption or a denial of paternity and waiver of rights, the agency or attorney representing the biological mother shall notify, by personal service of process or by registered or certified mail, restricted delivery, return receipt requested:
(1) Any acknowledged father or adjudicated father;
(2) Any person who has filed a Request for Notification of Intended Adoption or a Notice of Objection to Adoption and Intent to Obtain Custody pursuant to sections 43-104.01 and 43-104.02;
(3) Any person who is recorded on the child's birth certificate as the child's father;
(4) Any person who might be the biological father of the child who was openly living with the child's biological mother within the twelve months prior to the birth of the child;
(5) Any person who has been identified as the biological father or possible biological father of the child by the child's biological mother pursuant to section 43-104.09;
(6) Any person who was married to the child's biological mother within six months prior to the birth of the child and prior to the execution of the relinquishment; and
(7) Any other person who the agency or attorney representing the biological mother may have reason to believe may be the biological father of the child.
Notes of Decisions
In re Adoption of Jaelyn B., 293 Neb. 917 (Neb. 2016).
· cites it 3× “22(11) (Reissue 2008) render a man’s consent to an adoption unnecessary if a court deter- mines that he is not the child’s biological father.”
In Re Adoption of Corbin J., 775 N.W.2d 404 (Neb. 2009).
· cites it 5× “01 on forms provided by the Department of Health and Human Services (1) within five business days after the birth of the child or (2) if notice is provided after the birth of the child (a) within five business days after receipt of the notice provided under section 43-104.12. .…”
Ashby v. State, 779 N.W.2d 343 (Neb. 2010).
· cites it 3× “[26] Neb.Rev.Stat. § 43-104.12 (Reissue 2004).”
In Re Adoption of Baby Girl H., 635 N.W.2d 256 (Neb. 2001).
· cites it 2× “Section 43-104.12 requires that an agency or attorney shall notify by registered mail, return receipt requested, any person who has been identified as the biological father or possible biological father by the child’s mother.”
In Re the Termination of Parental Rights Over Boy K., 546 N.W.2d 86 (S.D. 1996).
· cites it 2× “" NebRevStat § 43-104.12(7) (Supp 1995). Nebraska also requires notification of possible biological fathers by publication if the agency or attorney representing the mother "is unable through reasonable efforts to locate" the biological father.”
In Re Adoption of Jaden M., 725 N.W.2d 410 (Neb. 2006).
“22 provides that in a hearing to determine a biological father’s parental rights: [T]he biological father’s consent is not required for a valid adoption of the child upon a finding of one or more of the following: (7) Notice was provided pursuant to sections 43-104.12 to…”
Armour v. L.H., 608 N.W.2d 599 (Neb. 2000).
“See §§ 43-104.12 and 43-104.13. Such notice of intent must be filed in the biological father registry, established and maintained by DHHS pursuant to § 43-104.”
Peterson v. Jacobitz, 309 Neb. 486 (Neb. 2021).
· cites it 2× “486 notice provided under section 43-104.12 or the last date of published notice under section 43-104.”
— Neb. Rev. Stat. § 43-104.12(1) — 1 case
In re Adoption of Jaelyn B., 293 Neb. 917 (Neb. 2016).
“22(11) (Reissue 2008) render a man’s consent to an adoption unnecessary if a court deter- mines that he is not the child’s biological father.”
— Neb. Rev. Stat. § 43-104.12(7) — 1 case
In Re the Termination of Parental Rights Over Boy K., 546 N.W.2d 86 (S.D. 1996).
“" NebRevStat § 43-104.12(7) (Supp 1995). Nebraska also requires notification of possible biological fathers by publication if the agency or attorney representing the mother "is unable through reasonable efforts to locate" the biological father.”
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