US Laws, Codes, Statutes & Cases

As provided in section 43-104.01, a person claiming to be the father of the child and who intends to claim paternity and obtain custody of the child shall file with the biological father registry maintained by the Department of Health and Human Services Finance and Support on forms provided by the department, within five business days after the birth of the child, or within five business days after receipt of the notice contemplated in section 43-104.12, or within five business days after the last date of any published notice provided pursuant to section 43-104.14, whichever is later, a notice of intent to claim paternity and obtain custody. Such notice shall include the social security number of the person claiming to be the father. A notice of intent to claim paternity and obtain custody of the child shall be considered to have been filed if it is received by the Department of Health and Human Services Finance and Support or postmarked prior to the end of the fifth business day contemplated in this section.

Laws 1975, LB 224, § 3

Laws 1995, LB 712, § 22

Laws 1996, LB 1044, § 106

Laws 1997, LB 752, § 97

Five-day filing requirement for paternity held constitutional as applied, because such requirement did not violate right of equal protection or procedural due process. Friehe v. Schaad, 249 Neb. 825, 545 N.W.2d 740 (1996).

This section held unconstitutional as applied in this case. In re Application of S.R.S. and M.B.S., 225 Neb. 759, 408 N.W.2d 272 (1987).

Five-day claim provision does not apply to a dispute between the father and mother of a child born out of wedlock. White v. Mertens, 225 Neb. 241, 404 N.W.2d 410 (1987).