(1) During the period immediately before or after the in-hospital birth of a child whose mother was not married at the time of either conception or birth of the child or at any time between conception and birth of the child, the person in charge of such hospital or his or her designated representative shall provide to the child's mother and alleged father, if the alleged father is readily identifiable and available, the documents and written instructions for such mother and father to complete a notarized acknowledgment of paternity. Such acknowledgment, if signed by both parties and notarized, shall be filed with the Department of Health and Human Services at the same time at which the certificate of live birth is filed.
Nothing in this section shall be deemed to require the person in charge of such hospital or his or her designee to seek out or otherwise locate an alleged father who is not readily identifiable or available.
(2) The acknowledgment shall be executed on a form prepared by the department. Such form shall be in essentially the same form provided by the department and used for obtaining signatures required by section 71-640.02. The acknowledgment shall include, but not be limited to, (a) a statement by the mother consenting to the acknowledgment of paternity and a statement that the alleged father is the biological father of the child, (b) a statement by the alleged father that he is the biological father of the child, (c) written information regarding parental rights and responsibilities, and (d) the social security numbers of the parents.
(3) The form provided for in subsection (2) of this section shall also contain instructions for completion and filing with the department if it is not completed and filed with a birth certificate as provided in subsection (1) of this section.
(4) The department shall accept completed acknowledgment forms and make available to county attorneys or authorized attorneys a record of acknowledgments it has received, as provided in subsection (1) of section 71-612. The department may prepare photographic, electronic, or other reproductions of acknowledgments. Such reproductions, when certified and approved by the department, shall be accepted as the original records, and the documents from which permanent reproductions have been made may be disposed of as provided by rules and regulations of the department.
(5) The department may by regulation establish a nominal payment and procedure for payment by the department for each acknowledgment filed with the department. The amount of such payments and the entities receiving such payments shall be within the limits allowed by Title IV-D of the federal Social Security Act, as amended.
Notes of Decisions
AVG Partners I v. Genesis Health Clubs, 307 Neb. 47 (Neb. 2020).
· cites it 2× “As Winston Churchill is reputed to have said: Broadly speaking, the short words are the best, and the old words best of all.”
In re Interest of A.A., 307 Neb. 817 (Neb. 2020).
· cites it 2× “The exhibit reflects that the acknowledgment had been filed with DHHS as required by Neb. Rev. Stat. § 43-1408.01 (Reissue 2016).”
Smith v. King, 29 Neb. Ct. App. 152 (Neb. Ct. App. 2020).
· cites it 2× “See, § 43-1409 (signing of notarized acknowledgment, whether under § 43-1408.01 or otherwise, by alleged father creates a rebuttable presumption of paternity as against alleged father); § 43-1408.”
Tyler F. v. Sara P., 306 Neb. 397 (Neb. 2020).
· cites it 2× “§ 43-1409 (Reissue 2016) establishes this legal effect and provides: The signing of a notarized acknowledgment, whether under section 43-1408.01 or otherwise, by the alleged father shall create a rebuttable presumption of paternity as against the alleged father.”
Benjamin M. v. Jeri S., 307 Neb. 733 (Neb. 2020).
· cites it 2× “Section 43-1409 provides as follows: The signing of a notarized acknowledgment, whether under section 43-1408.01 or otherwise, by the alleged father shall create a rebuttable presumption of paternity as against the alleged father.”
In Re Interest of Kiana T., 628 N.W.2d 242 (Neb. 2001).
· cites it 2× “The GAL also argues the procedure for determining paternity set out in the paternity statutes Neb. Rev. Stat. §§ 43-1408.01 through 43-1418 (Reissue 1998 & Cum.”
State on Behalf of State of Florida v. Julio G., 303 Neb. 207 (Neb. 2019).
· cites it 4× “NATURE OF CASE In this appeal, we are asked to decide whether a court may appoint counsel at public expense for an indigent individual who has signed a notarized acknowledgment of paternity pursuant to Neb. Rev. Stat. § 43-1408.01 (Reissue 2016) but who, in response to a suit by…”
State on behalf of B.M. v. Brian F. (Neb. 2014).
· cites it 8× “A court shall not grant relief from deter- mination of paternity if the individual named as father (1) completed a notarized acknowledgment of paternity pursuant to section 43-1408.01, (2) adopted the child, or (3) knew that the child was conceived through artifi- cial…”
Dowding v. Dowding (Neb. Ct. App. 2019).
· cites it 4× “A court shall not grant relief from determination of paternity if the individual named as father (1) completed a notarized acknowledgment of paternity pursuant to section 43-1408.01, (2) adopted the child, or (3) knew that the child was conceived through artificial insemination.”
State on behalf of Mia G. v. Julio G., 303 Neb. 207 (Neb. 2019).
· cites it 4× “NATURE OF CASE In this appeal, we are asked to decide whether a court may appoint counsel at public expense for an indigent indi- vidual who has signed a notarized acknowledgment of pater- nity pursuant to Neb. Rev. Stat. § 43-1408.01 (Reissue 2016) but who, in response to a…”
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