(1) A civil proceeding to establish the paternity of a child may be instituted, in the court of the district where the child is domiciled or found or, for cases under the Uniform Interstate Family Support Act, where the alleged father is domiciled, by:
(a) The mother or the alleged father of such child, or a person who has reason to believe he is the biological father of the child, either during pregnancy or within four years after the child's birth, unless:
(i) A valid consent or relinquishment has been made pursuant to sections 43-104.08 to 43-104.24 or section 43-105 for purposes of adoption; or
(ii) A county court or separate juvenile court has jurisdiction over the custody of the child or jurisdiction over an adoption matter with respect to such child pursuant to sections 43-101 to 43-116; or
(b) The guardian or next friend of such child or the state, either during pregnancy or within eighteen years after the child's birth.
(2) Summons shall issue and be served as in other civil proceedings, except that such summons may be directed to the sheriff of any county in the state and may be served in any county.
(3)(a) Notwithstanding any other provision of law, a person who has reason to believe he is the biological father of a child over which the juvenile court already has jurisdiction may file a complaint to intervene in such juvenile proceeding to institute an action to establish the paternity of the child. The complaint to intervene shall be accompanied by an affidavit under oath that the complainant believes he is the biological father of the juvenile. No filing fee shall be charged for filing the complaint and affidavit.
(b) Upon filing of the complaint and affidavit, the juvenile court may enter an order pursuant to section 43-1414 to require genetic testing and to require the juvenile to be made available for genetic testing. The costs of genetic testing shall be paid by the complainant, the county, or the state at the discretion of the juvenile court.
(c) This subsection does not authorize intervention by a person whose parental rights to such child have been terminated by the order of any court of competent jurisdiction.
(4) For purposes of this section, child means a person under the age of eighteen years, regardless of whether the person was born out of wedlock.
(5) The changes made to this section by Laws 2025, LB150, apply to actions under sections 43-1401 to 43-1418 that are pending on June 5, 2025, and to cases filed on or after such date.
Notes of Decisions
Cited in
38
cases (
4 in the last 5 years), 1987–2025 · leading case:
Bryan M. v. Anne B., 874 N.W.2d 824 (Neb. 2016).
Bryan M. v. Anne B., 874 N.W.2d 824 (Neb. 2016).
· cites it 43× “NATURE OF CASE This is an appeal from the dismissal of a paternity action pursuant to Neb. Rev. Stat. § 43-1411 (Reissue 2008).”
Fetherkile v. Fetherkile, 299 Neb. 76 (Neb. 2018).
· cites it 5× “A paternity determination in a support order, under Neb. Rev. Stat. §§ 43-1411 or 43-512.04 (Reissue 2016), is a final judgment on the issue of paternity.”
Bohaboj v. Rausch, 721 N.W.2d 655 (Neb. 2006).
· cites it 8× “Section 43-1411 of the paternity statutes provides in relevant part: A civil proceeding to establish the paternity of a child may be instituted, in the court of the district where the child is domiciled or found or, for cases under the Uniform Interstate Family Support Act,…”
State on behalf of Miah S. v. Ian K., 306 Neb. 372 (Neb. 2020).
· cites it 15× “Read together, Neb. Rev. Stat. §§ 43-1411 and 43-1401(1) (Reissue 2016) authorize the State to bring an action to establish the paternity of a child born out of wedlock.”
Manker v. Manker, 644 N.W.2d 522 (Neb. 2002).
· cites it 4× “Section 43-1411 provides that a paternity action may be instituted "by (1) the mother or the alleged father of such child, either during pregnancy or within four years after the child's birth .”
Benjamin M. v. Jeri S., 307 Neb. 733 (Neb. 2020).
· cites it 8× “Jeri filed a motion to dismiss pursuant to Neb. Rev. Stat. § 43-1411 (Reissue 2016), arguing that the court lacked subject matter jurisdic- tion to adjudicate the case because the complaint was filed beyond the 4-year statute of limitations for a paternity action.”
State on Behalf of SM v. Oglesby, 510 N.W.2d 53 (Neb. 1994).
· cites it 12× “The appeal is directed primarily against § 43-1411 (Reissue 1988), which provided: A civil proceeding to establish the paternity of a child may be instituted, in any district court of the district where the child is domiciled or found, by (1) the mother or the *883 alleged…”
Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019).
· cites it 5× “She correctly notes that a proceeding to establish the paternity of a child may be instituted in the court of the district where the child is domiciled or found, subject to an exception not present here.”
Francisco v. Gonzalez, 301 Neb. 1045 (Neb. 2019).
· cites it 2× “Additionally, the district court found that its earlier order establishing paternity and awarding Eulalia custody of Christopher should be vacated under Neb. Rev. Stat. § 43-1411 (Reissue 2016), because the proceeding to establish paternity was not filed within 4 years of…”
Smith v. King, 29 Neb. Ct. App. 152 (Neb. Ct. App. 2020).
· cites it 4× “or (2) the guardian or next friend of such child or the state, either during pregnancy or within eighteen years after the child’s birth.”
Sylvis by & Through Sylvis v. Walling, 532 N.W.2d 312 (Neb. 1995).
· cites it 5× “Section 43-1411 provided: A civil proceeding to establish the paternity of a child may be instituted .”
Chatterjee v. Chatterjee, 986 N.W.2d 283 (Neb. 2023).
· cites it 24× “4 Neb. Rev. Stat. § 43-1411 (Reissue 2016) provides, as relevant, that a civil proceeding to establish the paternity of a child may be brought by an “alleged father.”
— Neb. Rev. Stat. § 43-1411(1) — 2 cases
— Neb. Rev. Stat. § 43-1411(1)(a) — 1 case
— Neb. Rev. Stat. § 43-1411(1)(a)(ii) — 1 case
— Neb. Rev. Stat. § 43-1411(2) — 2 cases
— Neb. Rev. Stat. § 43-1411(3) — 1 case
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