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LB 412

Change provisions relating to interventions in paternity proceedings

109th Legislature (2025-2026) Introduced by Bob Hallstrom

LB 412 redefines "child" to include those under 18, streamlining paternity establishment and allowing biological fathers to file for recognition in district court.

Provisions/portions of LB412 amended into LB150 by AM1370
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Bill Summary · LB 412

Summary of Legislative Bill LB 412

Bill Information

  • Bill Number: LB 412
  • Title: Change provisions relating to interventions in paternity proceedings
  • Status: Provisions/portions of LB 412 amended into LB 150 by AM 1370
  • Introduced: January 17, 2025
  • Committee: Judiciary
  • Principal Introducer: Senator Bob Hallstrom

Purpose and Intent

LB 412 aims to amend existing laws regarding paternity proceedings in Nebraska. The primary objective of the bill is to redefine the term "child" to include individuals under the age of 18, thereby allowing for the establishment of paternity regardless of the marital status of the child's parents. This change seeks to streamline the process of determining paternity and ensure that children have access to legal recognition of their biological parents.

Key Provisions

  1. Definition of "Child":

    • The bill redefines "child" to mean any person under 18 years of age, irrespective of whether they were born out of wedlock.

  2. Paternity Establishment Process:

    • The bill modifies the existing process for establishing paternity. Previously, individuals claiming to be the biological father could file a complaint to intervene in juvenile court proceedings, which would automatically require genetic testing.
    • Under LB 412, genetic testing becomes optional and is at the discretion of the court. The court will consider various factors, including:
      • The child's age
      • Existing relationships with presumptive parents
      • Potential benefits or harms to the child from establishing paternity
      • Any other relevant factors deemed necessary by the court

  3. Filing Procedures:

    • The bill allows individuals who believe they are the biological father to file a civil proceeding in district court to establish paternity, expanding the ability to initiate paternity actions beyond just the mother or alleged father.

  4. Amendments:

    • The Judiciary Committee amendment (AM 732) strikes and replaces original sections of LB 412, while retaining the definition of "child" and modifying the criteria for genetic testing.

Impact

  • Who is Affected:
    • The bill primarily affects children under 18 years of age, biological fathers seeking to establish paternity, and the legal framework surrounding paternity proceedings in Nebraska.
    • It may also impact families and the juvenile court system by providing clearer guidelines for paternity actions.

Procedural Aspects

  • Hearing Date: February 21, 2025
  • Committee Action: Advanced to General File with amendments
  • Legislative Timeline:
    • The bill was introduced on January 17, 2025, and underwent several procedural steps, including a hearing and committee amendments.
    • Ultimately, provisions of LB 412 were incorporated into LB 150, indicating a shift in legislative focus.

Conclusion

LB 412 represents a significant change in Nebraska's approach to paternity proceedings, aiming to simplify the process and ensure that children have access to their biological parents' legal recognition. The amendments and redefinitions proposed in this bill could have lasting implications for family law and child welfare in the state.

Compiled from official sources — confirm details with the bill’s official record.

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