A birth father who is married to the birth mother is presumed to be the father of the child, unless there are facts of an out of wedlock birth. An out of wedlock father who is identified as the birth father by the birth mother must have legal notice of an intended adoption. The out of wedlock father can admit or deny paternity and waive his parental rights, or relinquish his parental rights and consent to the adoption. If he chooses to assert his parental rights to the child, he can file an objection to the adoption and notice of his intent to seek custody of the child, as long as he strictly follows the legal procedure for his objection set forth by Nebraska law. In such case, he should seek legal representation immediately.
Birth fathers adjudicated by a Nebraska court to be the biological father of a child who is the subject of an adoption must be given legal notice of the intended adoption. Following the notice, the father will be given notice of a hearing scheduled in the Nebraska court having jurisdiction over the custody of the child. At the hearing, the court will determine whether or not the father’s consent is required for the child to be adopted.
Birth fathers whose parental rights have been terminated in a judicial proceeding have none of these rights.