Full question:
I am a resident of Nebraska. My parents are Indians. My father and mother married under Indian customs and settled in Nebraska before I was born. They have not solemnized their marriage under Nebraska law. They lived together as husband and wife according to the customs and manners of Indian life Can I be considered as a legitimate child in Nebraska?
- Category: Paternity
- Date:
- State: Nebraska
Answer:
In Nebraska, children of an Indian couple are deemed legitimate, if either of the couple is whole or in part of Indian blood and have cohabited together as husband and wife according to the customs and manners of Indian life. It is envisaged in R.R.S. Neb. § 42-402 which reads as:“Whenever any man and woman, either of whom is whole or in part of Indian blood, shall have cohabited together as husband and wife according to the customs and manners of Indian life, the issue of such cohabitation shall be taken and deemed to be the legitimate issue of such persons so living together, notwithstanding the fact that the father and mother may have been divorced or separated according to Indian customs, or otherwise, and married to other persons, according to Indian custom, or otherwise.”
In the instant case, you may be considered as your parents’ legitimate child because your parents have cohabited together as husband and wife according to the customs and manners of Indian life.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
