§ 43-1406 — Determination of paternity by other state or Indian tribe; full faith and credit; legitimacy of child

Nebraska § 43-1406

• Jurisdiction: Nebraska
• Ch. 43: Infants and Juveniles

Text

(1) A determination of paternity made by any other state or by an Indian tribe as defined in section 43-1503 , whether established through voluntary acknowledgment, genetic testing, tribal law, or administrative or judicial processes, shall be given full faith and credit by this state.
(2) A child whose parents marry is legitimate.

Legislative History

Source: Laws 1941, c. 81, § 6, p. 323; C.S.Supp.,1941, § 43-706; R.S.1943, § 13-106; R.S.1943, (1983), § 13-106; Laws 1985, Second Spec. Sess., LB 7, § 74; Laws 1986, LB 79, § 1; Laws 1991, LB 457, § 15; Laws 1993, LB 500, § 53; Laws 1994, LB 1224, § 57; Laws 2015, LB566, § 3. Annotations: It is not contrary to Nebraska's public policy to recognize an acknowledged father's parental rights under another state's statutes when a Nebraska court has recognized an acknowledged father's parental rights under Nebraska's statutes. Jesse B. v. Tylee H., 293 Neb. 973, 883 N.W.2d 1 (2016). The Full Faith and Credit Clause requires states to give the same effect to a judgment in the forum state that it has in the state where the court rendered the judgment. This section extends that requirement for judgments to a sister state's paternity determination established through a voluntary acknowledgment. Jesse B. v. Tylee H., 293 Neb. 973, 883 N.W.2d 1 (2016); In re Adoption of Jaelyn B., 293 Neb. 917, 883 N.W.2d 22 (2016). Whether a paternity acknowledgment in a sister state gives an acknowledged father the right to block an adoption in Nebraska depends upon whether the acknowledgment confers that right in the state where it was made. Jesse B. v. Tylee H., 293 Neb. 973, 883 N.W.2d 1 (2016); In re Adoption of Jaelyn B., 293 Neb. 917, 883 N.W.2d 22 (2016). A mother's authority to compel payment of retroactive child support in a paternity action rests upon the child's right to be supported by the father. Sylvis v. Walling, 248 Neb. 168, 532 N.W.2d 312 (1995). While the cost of caring for a child is an important consideration in determining child support, the father's ability to make the payments is equally important. Hanson v. Rockwell, 206 Neb. 299, 292 N.W.2d 786 (1980). Action by father seeking legitimation is not authorized. Paltani v. Creel, 169 Neb. 591, 100 N.W.2d 736 (1960). Paternity of a child born out of wedlock may be established by acknowledgment or by a judicial proceeding. Timmerman v. Timmerman. 163 Neb. 704, 81 N.W.2d 135 (1957). On appeal, award will not be disturbed in absence of abuse of discretion. Race v. Mrsny, 155 Neb. 679, 53 N.W.2d 88 (1952). Attorney fees and costs are recoverable in paternity and child support cases, and an award of such fees and costs will be upheld on appeal absent an abuse of discretion. Both parents of a minor child born out of wedlock have a duty to financially support the child, including payment of costs for health care which are unreimbursed by insurance or other sources. Morrill County on Behalf of Cahoy v. Darsaklis, 7 Neb. App. 489, 584 N.W.2d 36 (1998). Child support determinations made concomitantly in a filiation proceeding are characterized as "equitable" proceedings. Dworak v. Fugit, 1 Neb. App. 332, 495 N.W.2d 47 (1992).