§ 43-1411. Paternity; action to establish; venue; limitation; summons; person claiming to be biological father; action to establish; genetic testing.

(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, or a person who has reason to believe he is the biological father of the 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, 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) Notwithstanding any other provision of law, a person who has reason to believe he is 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 complainant 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 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 complainant, 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. (4) For purposes of this section, child means a person under the age of eighteen years, regardless of whether the person was born out of wedlock. (5) The changes made to this section by Laws 2025, LB150, apply to actions under sections 43-1401 to 43-1418 that are pending on June 5, 2025, and to cases filed on or after such date. History: Laws 1941, c. 81, § 11, p. 325; C.S.Supp.,1941, § 43-711; R.S.1943, § 13-111; R.S.1943, (1983), § 13-111; Laws 1985, Second Spec. Sess., LB 7, § 75; Laws 1986, LB 813, § 1; Laws 1991, LB 457, § 16; Laws 1993, LB 500, § 54; Laws 1994, LB 1224, § 59; Laws 1995, LB 712, § 29; Laws 1998, LB 1041, § 45; Laws 2007, LB247, § 22; Laws 2020, LB93, § 1; Laws 2022, LB741, § 33; Laws 2025, LB150, § 48.