| This Nebraska Biological Father Registry option
allows the father of a child to file for notification of paternity without indicating that
he is seeking immediate custody of the child. If a man has reason to believe that he is
the father of a child born out of wedlock and he wants to preserve his legal rights of
notice in order to prevent the child from being adopted by others, he may file the notice
at any Nebraska Department of Health and Human Services
office. The law requires that the filing be done in person or by mail, only on forms
provided by the Department.
Download the required  Request for Notification of Intended Adoption
form to file with the Department.
The filing must be within five (5) business days:
- after the birth of the child;
- from the receipt of a notice that he has been named as the possible father of the child;
or
- after the last day of publication of a notice that indicates he may be the father of the
child.
The date of the filing is the date of actual receipt or the postmark when the notice is
mailed.
When a man files a Request for Notification of Intended Adoption, the claim
preserves a father's right to receive notice if -- and only if -- an adoption proceeding
is ever filed in a Nebraska court. This filing imposes no affirmative duty on the man.
When this type of filing is made, the man need not make an immediate decision as to
whether to pursue custody at that time.
When this filing is made, it is also processed by sending a certified copy to the
biological mother pursuant to Neb. Rev. Stat. §43-104.032, as amended by §12 of LB 5942,
within three days after the filing of the paternity claim form.
If an adoption is ever filed in a Nebraska court, notice must be provided to the
claimant father and he then must file a Notice of Objection to Adoption and
Intent to Obtain Custody with any Nebraska Department of
Health and Human Services office within five days of receipt of the notice, or his
rights will not be recognized and the adoption can go forward without his consent or a
formal termination of his parental rights.
Once a Notice of Objection to Adoption and Intent to Obtain Custody is filed,
a father has thirty days to file a Petition for an Adjudication of the Claim of
Paternity and Right to Custody in the appropriate county court. If that is not done
in a timely manner, the biological father’s rights are not recognized and the
adoption can proceed.
Establishing Paternity Page
Nebraska-Born Birth Certificates Page |
