For years, Nebraska law made it difficult for a biological father to gain legal rights as a father if another man’s name was already on the minor child’s birth certificate. Even when DNA testing conclusively established biological parentage, Nebraska courts generally did not allow the biological father to bring the court action. To add a father to a birth certificate when the parents are not married, the mother and father sign a notarized acknowledgement of paternity, often at the hospital when the child is born. This notarized acknowledgement of paternity is what adds the father’s name to the birth certificate. The notarized acknowledgment is what legally establishes paternity. Until the recent statute change, a biological father could not bring an action to remove the other listed father from the birth certificate. The biological father could not “set aside” the acknowledgment of paternity based on genetic testing alone. Thus, the biological father was often without a legal way to establish legal rights to his biological child.
That changed effective April 15, 2026.
The Nebraska Legislature amended Neb. Rev. Stat. § 43-1409, creating a new legal pathway that allows a biological father, under certain circumstances, to challenge an existing acknowledgment of paternity using scientifically reliable genetic testing.
The amendment represents one of the most significant developments in Nebraska paternity law in recent years and reflects the Legislature’s recognition that modern DNA testing provides highly reliable evidence of biological parentage.
Why the Nebraska Legislature Changed the Law
Before the amendment, Nebraska courts consistently emphasized the finality of voluntary acknowledgments of paternity.
Once an acknowledgment became effective, it generally could only be challenged by proving:
- fraud;
- duress; or
- a material mistake of fact.
However, this was generally limited to being brought by the father listed on the birth certificate. If the father on the birth certificate did not wish to be removed, there generally was not a method for the biological father to challenge the paternity finding.
Although DNA testing could prove biological fatherhood with extraordinary accuracy, Nebraska law generally did not allow the biological father to reopen the paternity issue.
As DNA technology became increasingly reliable, this legal framework created situations where biology and legal parentage did not align. The Legislature addressed that concern by amending Neb. Rev. Stat. § 43-1409 to expressly permit challenges by the biological father based upon accredited genetic testing.
What Does the New Law Allow?
Under the amended statute, a person may challenge an acknowledgment of paternity when accredited genetic testing establishes that:
- the acknowledged father is not the biological father; and
- the person filing the action is the child’s biological father.
Unlike prior law, reliable DNA evidence can now provide the legal basis for asking a Nebraska court to reconsider an existing acknowledgment of paternity.
Importantly, the amendment does not automatically change legal fatherhood. Instead, it gives the court authority to consider genetic evidence that previously could not independently support such a challenge.
The Biological Father Must Be Seeking to Become the Legal Father
One of the Legislature’s most important safeguards is that the statute is generally intended to substitute one legal father for another—not simply eliminate an existing legal parent.
In most cases filed after April 15, 2026, the biological father must also seek to establish legal paternity in himself.
This reflects the Legislature’s effort to balance several competing interests:
- the child’s need for stability;
- the rights of biological fathers;
- the legal responsibilities associated with parenthood; and
- the state’s interest in ensuring children have legally responsible parents.
DNA Testing Must Meet Nebraska’s Legal Requirements
Not every DNA test will satisfy Nebraska law.
The statute requires scientifically reliable genetic testing performed by qualified laboratories that comply with Nebraska’s statutory requirements.
Home DNA kits or informal testing may not satisfy the evidentiary standards necessary for court proceedings.
An experienced family law attorney can determine whether existing testing is legally sufficient or whether additional testing should be obtained before filing a case.
What About Child Support?
One common misconception is that DNA testing automatically ends child support.
It does not.
Existing child support orders and legal obligations generally remain in effect unless and until the court orders otherwise.
No parent should stop paying court-ordered support simply because DNA testing has been completed.
Early Questions Courts Will Likely Decide
Because the amendment is new, Nebraska courts will likely address several important legal questions over the coming years, including:
What if the father listed on the birth certificate has established a beneficial parent-child relationship with the minor child? Will this cause a court to decline the biological father any rights? Will the Court allow the non-biological father to retain any rights to visitation?
Can the non-biological father bring an action against the biological father for child support that the non-biological father has paid to support the biological father’s child? Can retroactive child support be ordered?
What evidentiary issues will arise regarding genetic testing? What if the biological father only has informal DNA testing, such as a home DNA kit? Can he bring an action based on the informal testing and ask the Court to order formal paternity testing as part of the court case?
As the courts begin interpreting the amendment, additional guidance will become available for attorneys and families.
What Should Biological Fathers Do?
If you have DNA test results establishing that you are a child’s biological father, the new law may provide legal rights that were previously unavailable. However, every case involves unique facts, filing deadlines, procedural rules, and evidentiary requirements. Prompt legal advice is important because waiting too long could affect your ability to pursue available remedies. You should speak with an attorney about whether you now have the ability to file a case and establish a legal relationship with your biological child.
Frequently Asked Questions
Can a DNA test overturn paternity in Nebraska?
Not automatically. Under the amended Neb. Rev. Stat. § 43-1409, qualifying DNA evidence may provide the legal basis to challenge an acknowledgment of paternity, but only a Nebraska court can determine whether the statutory requirements have been satisfied and whether it is in the minor child’s best interests to legally change paternity.
When did Nebraska’s new paternity law take effect?
The amendments became effective on April 15, 2026.
Can a biological father establish legal paternity?
Yes. The amended statute allows biological fathers, under qualifying circumstances, to seek both to challenge an existing acknowledgment of paternity and establish legal paternity in themselves.
Should I hire a lawyer?
Because these cases involve evolving law, strict procedural requirements, custody issues, and potential child support consequences, consulting an experienced Nebraska family law attorney is strongly recommended.
Why This Law Matters
Nebraska’s amendment to Neb. Rev. Stat. § 43-1409 recognizes what modern science has long established—that accredited DNA testing is an exceptionally reliable method of determining biological parentage.
By creating a legal mechanism for courts to consider that evidence, the Legislature has provided biological fathers with a new opportunity to establish a legal relationship with their child while preserving judicial oversight to protect the interests of children and families.
If you believe the new law may apply to your situation, obtaining legal advice early can help you understand your rights and determine the most appropriate course of action.
Law Office of Julie Fowler, PC, LLO
Trusted Family Law Attorney in Omaha, Nebraska
Facing a divorce, child custody dispute, or child support matter in Omaha? You don’t have to navigate family law alone. Whether you need an Omaha divorce attorney, an Omaha child custody attorney, or comprehensive family law representation, our experienced team is here to protect your rights and your family’s future.