Child Support Enforcement - Sarpy County Nebraska

Related:
§ 71-640.01. Birth certificates; identification of father.
The information pertaining to the identification of the father at the time of birth of an infant
born in this state and reported on a birth certificate, filled out and filed pursuant to the Vital
Statistics Act, shall comply with the following:
(1) If the mother was married at the time of either conception or birth or at any time between
conception and birth, the name of the husband shall be entered on the certificate as the father of
the child unless (a) paternity has been determined otherwise by a court of competent jurisdiction,
(b) the mother and the mother’s husband execute affidavits attesting that the husband is not the
father of the child, in which case information about the father shall be omitted from the
certificate, or (c) the mother executes an affidavit attesting that the husband is not the father and
that the putative father is the father, the putative father executes an affidavit attesting that he is
the father, and the husband executes an affidavit attesting that he is not the father. In such event,
the putative father shall be shown as the father on the certificate. For affidavits executed under
subdivision (b) or (c) of this subdivision, each signature shall be individually notarized;
(2) If the mother was not married at the time of either conception or birth or at any time between
conception and birth, the name of the father shall not be entered on the certificate without the
written consent of the mother and the person named as the father;
(3) In any case in which paternity of a child is determined by a court of competent jurisdiction,
the name of the father shall be entered on the certificate in accordance with the finding of the
court; and
(4) If the father is not named on the certificate, no other information about the father shall be
entered thereon.
The identification of the father as provided in this section shall not be deemed to affect the
legitimacy of the child or duty to support as set forth in sections 42-377 and 43-1401.
Source: Laws 1977, LB 72, § 1; Laws 1994, LB 886, § 9; Laws 2005, LB 301, § 27.
Additional Information – DHHS Legal Opinion – April 14, 2008: “Regarding the birth
certificate statute: this statute and the three-way form don’t preclude pursuing the husband for
child support since the law recognizes the husband as the father (until a court says otherwise).
DHHS Legal do not think either of these two statutes or the support/paternity statutes in 43-
1401 et seq are affected by the birth certificate statute at 71-640.01 as far as seeking support
from the husband. The birth certificate statute(s) are in their own statutory world that sets up a
system for identifying a father on a birth certificate. DHHS Legal reads the last sentence of 71-
640.01 as recognition that the birth certificate statutes are not intended to interfere with the
support/paternity statutes. Therefore, if the wife, the husband, and the putative father all sign
affidavits naming putative father as the biological father, that’s fine for the birth certificate. But
it doesn’t preclude pursuing support from the husband since the child was born during the
marriage and that’s against whom a support action would commence.”
Bullock v. J.B., 272 Neb. 738, 725 N.W.2d 401 (2006)
This case involves an attempt to establish a decree of paternity and order of support for the first
time, after the death of the putative father. Held: Ain‘t gonna happen.
A paternity action is personal and does not survive the death of a putative father.
The personal representative of a putative father‘s estate cannot be made the child‘s
father. Nor can a support obligation be imposed upon the personal representative of
a putative father‘s estate.
Parties cannot by agreement seek to waive an abatement and revive an action for
paternity, which was abated due to the death of the putative father. The death of the
alleged father serves to terminate the court‘s jurisdiction over the lawsuit.
- 140 -