|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