945 N.W.2d 178
Neb.2020Background
- Cameo and Aaron were married when their daughter was born; Aaron was listed as the father on the birth certificate.
- Postnatal genetic testing showed Ian was the child’s biological father; Ian had no contact and sought to relinquish any rights.
- The State filed a complaint in juvenile court seeking to disestablish Aaron as legal father and establish Ian as the biological father; the juvenile court granted that relief.
- Aaron desired to remain the child’s legal father and had begun divorce proceedings; DHHS supported services for Aaron if he remained father.
- Statutes governing paternity actions were central: §43-1411 (who may bring action to establish paternity) and §43-1401 (definition of “child” as born out of wedlock).
- The Nebraska Supreme Court held the State lacked statutory authority under §43-1411 to bring an action to establish paternity for a child born during marriage and vacated the juvenile court’s order, remanding with directions to dismiss.
Issues
| Issue | State's Argument | Aaron's Argument | Held |
|---|---|---|---|
| Whether the State may bring an action under §43-1411 to establish paternity of a child born during a marriage (i.e., not born out of wedlock) | §43-1411 expressly authorizes the State to institute actions to establish a child's paternity | §43-1411 applies only to children born out of wedlock per statutory definitions; the child is legitimate, so State lacks authority | The State may not; §§43-1411 and 43-1401(1) limit §43-1411 to children born out of wedlock, so dismissal required |
| Whether the State could instead disestablish paternity under §43-1412.01 as an "individual" | The State framed its pleadings as an action under §43-1411; alternatively, it sought relief implicating disestablishment statutes | Parties agreed the State is not an "individual" under §43-1412.01, so that statute does not authorize the State to file such a complaint | The State is not an "individual" under §43-1412.01; it lacked statutory authority to disestablish paternity under that provision |
Key Cases Cited
- Alisha C. v. Jeremy C., 283 Neb. 340 (2012) (interpreting §43-1412.01 to allow disestablishment for children born during marriage)
- State on behalf of Hopkins v. Batt, 253 Neb. 852 (1998) (previously suggested broader State authority over paternity; expressly overruled here)
- Bryan M. v. Anne B., 292 Neb. 725 (2016) (paternity actions are statutory and authority must be found in statute)
- State on behalf of B.M. v. Brian F., 288 Neb. 106 (2014) (paternity proceedings must be strictly construed)
- In re Guardianship of Eliza W., 304 Neb. 995 (2020) (statutory language given its plain and ordinary meaning)
- State v. Sierra, 305 Neb. 249 (2020) (appellate courts independently interpret statutes)