What if two men claim to be the father of the same child?

In Nebraska, paternity laws provide that if two men claim to be the biological father of a child, a court of law must determine who is the legal father. In order to do this, the court may require genetic testing and/or DNA testing. This is done to ensure that the biological father is accurately identified. If the court finds that two men can potentially be the biological father, each man has the burden of proof to demonstrate why they should be considered the legal father. In Nebraska, the man who is legally identified as the father is required to provide financial support and any other parental responsibilities according to state law. The courts may consider a variety of factors in order to make a determination regarding paternity. These factors can include the length of the relationship between the mother and the two potential fathers, the statements or testimony of the three, and/or the existence of any existing contracts, such as a prior court order. If both potential fathers agree, the court may enter a “voluntary acknowledgment of paternity” which allows both fathers to have legal rights and recognize their parental responsibility. In the event the court is unable to determine a clear answer, the court will order a paternity test in order to make a final decision.

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What if two men claim to be the father of the same child?

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