Bill Summary – FastDemocracy

LB23                                                                       LB23
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                              LEGISLATURE OF NEBRASKA
                         ONE HUNDRED EIGHTH LEGISLATURE
                                  FIRST SESSION
                       LEGISLATIVE BILL 23
       Introduced by Wayne, 13.
       Read first time January 05, 2023
       Committee: Judiciary
   A BILL FOR AN ACT relating to paternity; to amend section 43-1401,
       Reissue Revised Statutes of Nebraska, and section 43-1411, Revised
       Statutes Cumulative Supplement, 2022; to define and redefine terms;
       to change provisions relating to interventions in paternity actions;
       to harmonize provisions; and to repeal the original sections.
   Be it enacted by the people of the State of Nebraska,
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LB23                                                                                LB23
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      Section 1. Section 43-1401, Reissue Revised Statutes of Nebraska, is
  amended to read:
      43-1401 For purposes of sections 43-1401 to 43-1418:
       (1) Except as provided in subsection (3) of section 43-1411, child
   means Child shall mean a child under the age of eighteen years born out
   of wedlock;
       (2) Child born out of wedlock means shall mean a child whose parents
  were not married to each other at the time of its birth, except that a
  child shall not be considered as born out of wedlock if the its parents
   were married at the time of the child's its conception but divorced at
   the time of its birth. The definition of legitimacy or illegitimacy for
   other purposes shall not be affected by the provisions of such sections
   43-1401 to 43-1418; and
       (3) Support includes shall include reasonable education.
      Sec. 2. Section 43-1411, Revised Statutes Cumulative Supplement,
  2022, is amended to read:
       43-1411 (1) A civil proceeding to establish the paternity of a child
   may be instituted, in the court of the district where the child is
   domiciled or found or, for cases under the Uniform Interstate Family
   Support Act, where the alleged father is domiciled, by:
       (a) The mother or the alleged father of such child, either during
   pregnancy or within four years after the child's birth, unless:
       (i) A valid consent or relinquishment has been made pursuant to
   sections   43-104.08   to   43-104.24   or section   43-105   for purposes of
   adoption; or
       (ii) A county court or separate juvenile court has jurisdiction over
  the custody of the child or jurisdiction over an adoption matter with
  respect to such child pursuant to sections 43-101 to 43-116; or
       (b) The guardian or next friend of such child or the state, either
   during pregnancy or within eighteen years after the child's birth.
      (2) Summons shall issue and be served as in other civil proceedings,
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LB23                                                                                 LB23
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  except that such summons may be directed to the sheriff of any county in
  the state and may be served in any county.
         (3)(a) (3) Notwithstanding any other provision of law, a person
  claiming to be the biological father of a child over which the juvenile
  court already has jurisdiction may file a complaint to intervene in such
   juvenile proceeding to institute an action to establish the paternity of
   the child.   The complaint to   intervene shall be   accompanied by   an
  affidavit under oath that the intervenor affiant believes he is the
  biological father of the juvenile. No filing fee shall be charged for
   filing the complaint and affidavit.
        (b) Upon filing of the complaint and affidavit, the juvenile court
  may shall enter an order pursuant to section 43-1414 to require genetic
  testing and to require the juvenile to be made available for genetic
   testing. The costs of genetic testing shall be paid by the intervenor,
   the county, or the state at the discretion of the juvenile court.
         (c) This subsection does not authorize intervention by a person
  whose parental rights to such child have been terminated by the order of
  any court of competent jurisdiction.
        (d) In determining whether to order genetic testing or establish
  paternity pursuant to this subsection, the juvenile court may consider:
        (i) The child's age;
        (ii) The relationship between the child and any presumptive parent;
         (iii) The relationship between the child and any parent whose rights
   have been established by acknowledgment or court finding;
         (iv) The relationship between the child and the intervenor;
         (v) Whether the child could benefit or be harmed by establishing the
   intervenor's paternity; and
         (vi) Any other factor the juvenile court, in its discretion, deems
   relevant.
         (e) For purposes of this subsection, child means a person under the
   age of eighteen years, regardless of whether the person was born out of
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LB23                                                                               LB23
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   wedlock.
       Sec.   3.   Original section    43-1401,   Reissue Revised Statutes of
  Nebraska, and section 43-1411, Revised Statutes Cumulative Supplement,
  2022, are repealed.
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Statutes affected: 
Introduced: 43-1401, 43-1411