Nebraska Revised Statutes

Neb. Rev. Stat. § 43-1414 (2026)

Genetic testing; procedure; confidentiality; violation; penalty

✓ current as of July 2026

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(1)(a) In any proceeding to establish paternity, the court may, on its own motion, or shall, on a timely request of a party, after notice and hearing, require the child, the mother, and the alleged father to submit to genetic testing to be performed on blood or any other appropriate genetic testing material. Failure to comply with such requirement for genetic testing shall constitute contempt and may be dealt with in the same manner as other contempts. If genetic testing is required, the court shall direct that inherited characteristics be determined by appropriate testing procedures and shall appoint an expert in genetic testing and qualified as an examiner of genetic markers to analyze and interpret the results and to report to the court. The court shall determine the number of experts required.

(b) For purposes of this subsection, child means a person under the age of eighteen years, regardless of whether the person was born out of wedlock.

(2) In any proceeding to establish paternity, the Department of Health and Human Services, county attorneys, and authorized attorneys have the authority to require the child, the mother, and the alleged father to submit to genetic testing to be performed on blood or any other appropriate genetic testing material. All genetic testing shall be performed by a laboratory accredited by the College of American Pathologists or any other national accrediting body or public agency which has requirements that are substantially equivalent to or more comprehensive than those of the college.

(3) Except as authorized under sections 43-1414 to 43-1418, a person shall not disclose information obtained from genetic paternity testing that is done pursuant to such sections.

(4) If an alleged father who is tested as part of an action under such sections is found to be the child's father, the testing laboratory shall retain the genetic testing material of the alleged father, mother, and child for no longer than the period of years prescribed by the national standards under which the laboratory is accredited. If a man is found not to be the child's father, the testing laboratory shall destroy the man's genetic testing material in the presence of a witness after such material is used in the paternity action. The witness may be an individual who is a party to the destruction of the genetic testing material. After the man's genetic testing material is destroyed, the testing laboratory shall make and keep a written record of the destruction and have the individual who witnessed the destruction sign the record. The testing laboratory shall also expunge its records regarding the genetic paternity testing performed on the genetic testing material in accordance with the national standards under which the laboratory is accredited. The testing laboratory shall retain the genetic testing material of the mother and child for no longer than the period of years prescribed by the national standards under which the laboratory is accredited. After a testing laboratory destroys an individual's genetic testing material as provided in this subsection, it shall notify the adult individual, or the parent or legal guardian of a minor individual, by certified mail that the genetic testing material was destroyed.

(5) A testing laboratory is required to protect the confidentiality of genetic testing material, except as required for a paternity determination. The court and its officers shall not use or disclose genetic testing material for a purpose other than the paternity determination.

(6) A person shall not buy, sell, transfer, or offer genetic testing material obtained under sections 43-1414 to 43-1418.

(7) A testing laboratory shall annually have an independent audit verifying the contracting laboratory's compliance with this section. The audit shall not disclose the names of, or otherwise identify, the test subjects required to submit to testing during the previous year. The testing laboratory shall forward the audit to the department.

(8) Any person convicted of violating this section shall be guilty of a Class IV misdemeanor for the first offense and a Class III misdemeanor for the second or subsequent offense.

(9) For purposes of sections 43-1414 to 43-1418, an expert in genetic testing means a person who has formal doctoral training or postdoctoral training in human genetics.

(10) 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 11 cases, 1988–2019 · leading case: State v. Houser, 490 N.W.2d 168 (Neb. 1992).

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State v. Houser, 490 N.W.2d 168 (Neb. 1992). · cites it 4× “See Neb. Rev. Stat. § 43-1414 (Reissue 1988).”

Erin W. v. Charissa W., 297 Neb. 143 (Neb. 2017). · cites it 4× “However, in her briefing to this court, Charissa argues the district court should have granted her motions under either Neb. Rev. Stat. § 43-1412.01 (Reissue 2016) or Neb.”

Cnty. of Hall v. Antonson, 437 N.W.2d 813 (Neb. 1989). · cites it 17× “As the result of Debra Tejral’s motion for genetic testing, the district court, authorized by Neb. Rev. Stat. § 43-1414 (Reissue 1988) and over Antonson’s objection that § 43-1414 is unconstitutional, ordered Antonson to furnish a blood sample *766 for genetic testing.”

State v. Smith, 437 N.W.2d 803 (Neb. 1989). · cites it 4× “The procedure to obtain genetic testing is explicitly set forth in Neb. Rev. Stat. § 43-1414 (Reissue 1988).”

State Ex Rel. Dady v. Snelling, 637 N.W.2d 906 (Neb. Ct. App. 2001). · cites it 2× “(2) When the results of tests, whether or not such tests were ordered pursuant to section 43-1414, show a probability of paternity of ninety-nine percent or more, there shall exist a rebuttable presumption of paternity.”

In Re Est. of Trew, 507 N.W.2d 478 (Neb. 1993). · cites it 2× “1992) and Neb. Rev. Stat. § 43-1414 (Reissue 1988), requesting an order that Chaney and Johnson submit to a physical examination “for the purpose of obtaining a blood sample from each of the individuals in order to allow genetic testing.”

Eagan v. Ayd, 545 A.2d 55 (Md. 1988). · cites it 2× “§ 40-6-112 (1987); Neb. Rev. Stat. § 43-1414 (1984); N.M. Stat.”

State on Behalf of State of Florida v. Julio G., 303 Neb. 207 (Neb. 2019). “A court in such a proceeding may order genetic testing as provided in sections 43-1414 to 43-1418. District Court Could Properly Appoint Julio an Attorney at Public Expense.”

State Ex Rel. Collins v. Beister, 420 N.W.2d 309 (Neb. 1988). · cites it 2× “” On August 20, 1985, the State filed a motion requesting a court order requiring the mother, the minor child, and *830 defendant to submit to genetic testing, pursuant to Neb. Rev. Stat. § 43-1414 (Reissue 1984).”

State on behalf of Mia G. v. Julio G., 303 Neb. 207 (Neb. 2019). “A court in such a proceeding may order genetic testing as provided in sections 43-1414 to 43-1418. District Court Could Properly Appoint Julio an Attorney at Public Expense.”

State ex rel. Cooper v. Harmon, 512 N.W.2d 656 (Neb. Ct. App. 1994). · cites it 2× “Section 43-1414 provides in part: “In any proceeding to establish paternity, the court may, on its own motion, or shall, on a timely request of a party, after notice and hearing, require the child, mother, and alleged father to submit to genetic testing to be performed on blood…”

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