Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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§ 71-640.01. Birth certificates; identification of father.<br />
The information pertaining to the identification of the father at the time of birth of an infant<br />
born in this state and reported on a birth certificate, filled out and filed pursuant to the Vital<br />
Statistics Act, shall comply with the following:<br />
(1) If the mother was married at the time of either conception or birth or at any time between<br />
conception and birth, the name of the husband shall be entered on the certificate as the father of<br />
the child unless (a) paternity has been determined otherwise by a court of competent jurisdiction,<br />
(b) the mother and the mother’s husband execute affidavits attesting that the husband is not the<br />
father of the child, in which case information about the father shall be omitted from the<br />
certificate, or (c) the mother executes an affidavit attesting that the husband is not the father and<br />
that the putative father is the father, the putative father executes an affidavit attesting that he is<br />
the father, and the husband executes an affidavit attesting that he is not the father. In such event,<br />
the putative father shall be shown as the father on the certificate. For affidavits executed under<br />
subdivision (b) or (c) of this subdivision, each signature shall be individually notarized;<br />
(2) If the mother was not married at the time of either conception or birth or at any time between<br />
conception and birth, the name of the father shall not be entered on the certificate without the<br />
written consent of the mother and the person named as the father;<br />
(3) In any case in which paternity of a child is determined by a court of competent jurisdiction,<br />
the name of the father shall be entered on the certificate in accordance with the finding of the<br />
court; and<br />
(4) If the father is not named on the certificate, no other information about the father shall be<br />
entered thereon.<br />
The identification of the father as provided in this section shall not be deemed to affect the<br />
legitimacy of the child or duty to support as set forth in sections 42-377 and 43-1401.<br />
Source: Laws 1977, LB 72, § 1; Laws 1994, LB 886, § 9; Laws 2005, LB 301, § 27.<br />
Additional Information – DHHS Legal Opinion – April 14, 2008: “Regarding the birth<br />
certificate statute: this statute and the three-way form don’t preclude pursuing the husband for<br />
child support since the law recognizes the husband as the father (until a court says otherwise).<br />
DHHS Legal do not think either of these two statutes or the support/paternity statutes in 43-<br />
1401 et seq are affected by the birth certificate statute at 71-640.01 as far as seeking support<br />
from the husband. The birth certificate statute(s) are in their own statutory world that sets up a<br />
system for identifying a father on a birth certificate. DHHS Legal reads the last sentence of 71-<br />
640.01 as recognition that the birth certificate statutes are not intended to interfere with the<br />
support/paternity statutes. Therefore, if the wife, the husband, and the putative father all sign<br />
affidavits naming putative father as the biological father, that’s fine for the birth certificate. But<br />
it doesn’t preclude pursuing support from the husband since the child was born during the<br />
marriage and that’s against whom a support action would commence.”<br />
Bullock v. J.B., 272 Neb. 738, 725 N.W.2d 401 (2006)<br />
This case involves an attempt to establish a decree of paternity and order of support for the first<br />
time, after the death of the putative father. Held: Ain’t gonna happen.<br />
A paternity action is personal and does not survive the death of a putative father.<br />
The personal representative of a putative father’s estate cannot be made the child’s<br />
father. Nor can a support obligation be imposed upon the personal representative of<br />
a putative father’s estate.<br />
Parties cannot by agreement seek to waive an abatement and revive an action for<br />
paternity, which was abated due to the death of the putative father. The death of the<br />
alleged father serves to terminate the court’s jurisdiction over the lawsuit.<br />
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