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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1148
Introduced by Hunt, 8.
Read first time January 20, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to children and families; to provide for1
recognition and enforcement of parentage of children born from2
assisted reproduction; to define terms; to provide for civil3
actions; and to provide for applicability. 4
Be it enacted by the people of the State of Nebraska,5
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Section 1. For purposes of sections 1 to 10 of this act:1
(1) Assisted reproduction means a method of causing pregnancy other2
than sexual intercourse. The term includes: 3
(a) Intrauterine or intracervical insemination;4
(b) Donation of gametes; 5
(c) Donation of embryos; 6
(d) In vitro fertilization and transfer of embryos; and7
(e) Intracytoplasmic sperm injection; 8
(2) Birth includes stillbirth; 9
(3) Child means an individual of any age whose parentage may be10
determined under sections 1 to 10 of this act; 11
(4) Determination of parentage means establishment of a parent-child12
relationship by a judicial or administrative proceeding;13
(5) Donor means an individual who provides gametes intended for use14
in assisted reproduction, whether or not for consideration. The term does15
not include: 16
(a) A woman who gives birth to a child conceived by assisted17
reproduction; or 18
(b) A person recognized as a parent under sections 1 to 10 of this19
act; 20
(6) Gamete means sperm, egg, or any part of a sperm or egg;21
(7) Individual means a natural person of any age;22
(8) Parent means an individual whose parent-child relationship is23
recognized under sections 1 to 10 of this act or other Nebraska law;24
(9) Parentage or parent-child relationship means the legal25
relationship between a child and a parent of the child;26
(10) Record means information that is inscribed on a tangible medium27
or that is stored in an electronic or other medium and is retrievable in28
perceivable form; 29
(11) Sign means, with present intent to authenticate or adopt a30
record: 31
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(a) To execute or adopt a tangible symbol; or 1
(b) To attach to or logically associate with the record an2
electronic symbol, sound, or process; 3
(12) Transfer means a procedure for assisted reproduction by which4
an embryo or sperm is placed in the body of the woman who will give birth5
to the child; and 6
(13) Woman means a female individual of any age.7
Sec. 2. A donor is not a parent of a child conceived by assisted8
reproduction. 9
Sec. 3. (1)(a) An individual who consents to assisted reproduction10
by a woman with the intent to be a parent of a child conceived by the11
assisted reproduction is a parent of the child. 12
(b) Except as otherwise provided in subsection (2) of this section,13
such consent must be in a record signed by a woman giving birth to a14
child conceived by assisted reproduction and the individual who intends15
to be a parent of the child. 16
(2) Failure to consent in a record as required by subdivision (1)(b)17
of this section, before, on, or after birth of the child, does not18
preclude the court from finding consent to parentage if:19
(a) The woman or the individual proves by clear and convincing20
evidence the existence of an express agreement entered into before21
conception that the individual and the woman intended they both would be22
parents of the child; or 23
(b) The woman and the individual for the first two years of the24
child's life, including any period of temporary absence, resided together25
in the same household with the child and both openly held out the child26
as the individual's child, unless the individual dies or becomes27
incapacitated before the child attains two years of age or the child dies28
before the child attains two years of age, in which case the court may29
find consent under this subsection to parentage if a party proves by30
clear and convincing evidence that the woman and the individual intended31
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to reside together in the same household with the child and both intended1
the individual would openly hold out the child as the individual's child,2
but the individual was prevented from carrying out that intent by death3
or incapacity. 4
Sec. 4. If a marriage of a woman who gives birth to a child5
conceived by assisted reproduction is terminated through divorce or6
dissolution, subject to legal separation or separate maintenance,7
declared invalid, or annulled before transfer of gametes or embryos to8
the woman, a former spouse of the woman is not a parent of the child9
unless the former spouse consented in a record that the former spouse10
would be a parent of the child if assisted reproduction were to occur11
after a divorce, dissolution, annulment, declaration of invalidity, legal12
separation, or separate maintenance, and the former spouse did not13
withdraw consent under section 5 of this act. 14
Sec. 5. (1) An individual who consents under section 3 of this act15
to assisted reproduction may withdraw consent any time before a transfer16
that results in a pregnancy, by giving notice in a record of the17
withdrawal of consent to the woman who agreed to give birth to a child18
conceived by assisted reproduction and to any clinic or health care19
provider facilitating the assisted reproduction. Failure to give notice20
to the clinic or health care provider does not affect a determination of21
parentage under sections 1 to 10 of this act. 22
(2) An individual who withdraws consent under subsection (1) of this23
section is not a parent of the child under sections 1 to 10 of this act.24
Sec. 6. (1) If an individual who intends to be a parent of a child25
conceived by assisted reproduction dies during the period between the26
transfer of a gamete or embryo and the birth of the child, the27
individual's death does not preclude the establishment of the28
individual's parentage of the child if the individual otherwise would be29
a parent of the child under sections 1 to 10 of this act.30
(2) If an individual who consented in a record to assisted31
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reproduction by a woman who agreed to give birth to a child dies before a1
transfer of gametes or embryos, the deceased individual is a parent of a2
child conceived by the assisted reproduction only if:3
(a) Either: 4
(i) The individual consented in a record that if assisted5
reproduction were to occur after the death of the individual, the6
individual would be a parent of the child; or 7
(ii) The individual's intent to be a parent of a child conceived by8
assisted reproduction after the individual's death is established by9
clear and convincing evidence; and 10
(b) Either: 11
(i) The embryo is in utero not later than thirty-six months after12
the individual's death; or 13
(ii) The child is born not later than forty-five months after the14
individual's death. 15
Sec. 7. (1) An individual who is a parent under sections 1 to 10 of16
this act or the woman who gave birth to the child may bring a proceeding17
to adjudicate parentage. If the court determines the individual is a18
parent under sections 1 to 10 of this act, the court shall adjudicate the19
individual to be a parent of the child. 20
(2) In a proceeding to adjudicate an individual's parentage of a21
child, if another individual other than the woman who gave birth to the22
child is a parent under sections 1 to 10 of this act, the court shall23
adjudicate the individual's parentage of the child under section 9 of24
this act. 25
Sec. 8. (1) Except as otherwise provided in subsection (2) of this26
section, an individual who, at the time of a child's birth, is the spouse27
of the woman who gave birth to the child by assisted reproduction may not28
challenge the individual's parentage of the child unless:29
(a) Not later than two years after the birth of the child, the30
individual commences a proceeding to adjudicate the individual's31
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parentage of the child; and 1
(b) The court finds the individual did not consent to the assisted2
reproduction, before, on, or after birth of the child, or withdrew3
consent under section 5 of this act. 4
(2) A proceeding to adjudicate a spouse's parentage of a child born5
by assisted reproduction may be commenced at any time if the court6
determines: 7
(a) The spouse neither provided a gamete for, nor consented to, the8
assisted reproduction; 9
(b) The spouse and the woman who gave birth to the child have not10
cohabited since the probable time of assisted reproduction; and11
(c) The spouse never openly held out the child as the spouse's12
child. 13
(3) This section applies to a spouse's dispute of parentage even if14
the spouse's marriage is declared invalid after assisted reproduction15
occurs. 16
Sec. 9. (1) In a proceeding to adjudicate competing claims of17
parentage of a child by two or more individuals under sections 1 to 10 of18
this act, the court shall adjudicate parentage in the best interest of19
the child, based on: 20
(a) The age of the child; 21
(b) The length of time during which each individual assumed the role22
of parent of the child; 23
(c) The nature of the relationship between the child and each24
individual; 25
(d) The harm to the child if the relationship between the child and26
each individual is not recognized; 27
(e) The basis for each individual's claim to parentage of the child;28
and 29
(f) Other equitable factors arising from the disruption of the30
relationship between the child and each individual or the likelihood of31
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other harm to the child. 1
(2) If an individual challenges parentage based on the results of2
genetic testing, in addition to the factors listed in subsection (1) of3
this section, the court shall consider: 4
(a) The facts surrounding the discovery that the individual might5
not be a genetic parent of the child; and 6
(b) The length of time between the time that the individual was7
placed on notice that the individual might not be a genetic parent and8
the commencement of the proceeding. 9
(3) A court shall not adjudicate a child to have more than two10
parents. 11
Sec. 10. (1) Sections 1 to 9 of this act do not apply to the birth12
of a child conceived by sexual intercourse. 13
(2) Nothing in sections 1 to 9 of this act applies to or provides14
for recognition of a surrogacy agreement. 15
(3) Sections 1 to 9 of this act do not apply to the extent otherwise16
provided for in the Nebraska Indian Child Welfare Act.17
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