43-104.13. Child born out of wedlock; notice to biological father; contents.

452 words·~2 min read·/ne/chapter-43/43-104-13

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The notice sent by the agency or attorney pursuant to section 43-104.12 shall be served sufficiently in advance of the birth of the child, whenever possible, to allow compliance with subdivision (1)(a) of section 43-104.02 and shall state:

(1)The biological mother's name, the fact that she is pregnant or has given birth to the child, and the expected or actual date of delivery;

(2)That the child has been relinquished by the biological mother, that she intends to execute a relinquishment and consent to adoption, or that the biological mother has joined or plans to join in a petition for adoption to be filed by a second adult person;

(3)That the person being notified has been identified as a possible biological father of the child, whether putative, acknowledged, or adjudicated;

(4)That the person being notified may have certain rights with respect to such child if he is in fact the biological father;

(5)That the person being notified has the right to

(a)deny paternity,

(b)waive any parental rights he may have,

(c)relinquish and consent to adoption of the child,

(d)file a Notice of Objection to Adoption and Intent to Obtain Custody any time during the pregnancy or as late as ten business days after birth pursuant to section 43-104.02 if he is a putative father, and

(e)object to the adoption in court within forty-five days after the later of receipt of notice under this section or the birth of the child if he is an acknowledged or adjudicated father;

(6)That to deny paternity, to waive his parental rights, or to relinquish and consent to the adoption, the person being notified must contact the undersigned agency or attorney representing the biological mother, and that if he wishes to object to the adoption and seek custody of the child he should seek legal counsel from his own attorney immediately; and

(7)That if the person being notified is the biological father and if the child is not relinquished for adoption, he has a duty to contribute to the support and education of the child and to the pregnancy-related expenses of the mother and a right to seek a court order for custody, parenting time, visitation, or other access with the child.

The agency or attorney representing the biological mother may enclose with the notice a document which is an admission or denial of paternity and a waiver of rights by the person being notified, which such person may choose to complete, in the form mandated by section 43-106 , and return to the agency or attorney.

This section is facially constitutional. In re Adoption of Baby Girl H., 262 Neb. 775, 635 N.W.2d 256 (2001).