VOLUNTARY ACKNOWLEDGMENT OF PATERNITY AGREEMENT
(State of Alaska)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title
“Voluntary Acknowledgment of Paternity Agreement” (“Agreement”).
1.2 Parties
(a) “[MOTHER LEGAL NAME]”, an individual residing at [MOTHER ADDRESS] (“Mother”);
(b) “[FATHER LEGAL NAME]”, an individual residing at [FATHER ADDRESS] (“Father”); and
(c) “[CHILD LEGAL NAME]”, born [DOB], in [PLACE OF BIRTH] (“Child”).
[// GUIDANCE: Insert exact names as they appear on government-issued identification.]
1.3 Effective Date
This Agreement is effective as of the later of:
(a) the date last executed below, or
(b) the date of notarization (the “Effective Date”).
1.4 Governing Law & Venue
This Agreement is governed by the laws of the State of Alaska, including the Alaska Uniform Parentage Act and Alaska Civil Rule 90.3, with exclusive venue in the [COUNTY] Superior Court, Family Division.
2. DEFINITIONS
For ease of reference, capitalized terms have the meanings set forth below (alphabetically):
“Agreement” has the meaning given in Section 1.1.
“Child Support” means monetary support calculated in accordance with Alaska Civil Rule 90.3, including medical support and health insurance premiums.
“Effective Date” has the meaning given in Section 1.3.
“Genetic Testing” means accredited DNA paternity testing compliant with Alaska Department of Health guidelines.
“Parties” means, collectively, Mother and Father.
“Rescission Period” means the statutory period during which this acknowledgment may be rescinded—currently the earlier of (i) sixty (60) days after execution or (ii) the date of the first court proceeding relating to the Child in which either Party is a party.
“Support Enforcement” means any proceeding to collect Child Support through the Alaska Child Support Services Division (“CSSD”) or court order.
3. OPERATIVE PROVISIONS
3.1 Acknowledgment of Paternity
(a) Father affirmatively acknowledges that he is the biological and legal parent of the Child.
(b) Mother consents to Father’s acknowledgment.
(c) The Parties authorize the filing of this Agreement with the Alaska Bureau of Vital Statistics and CSSD.
3.2 Genetic Testing Election
(a) The Parties have:
☐ elected to waive Genetic Testing (attach executed Waiver)
☐ elected to complete Genetic Testing prior to execution and attach certified results (attach Exhibit A)
(b) If Genetic Testing is elected and establishes a 95% or greater probability of paternity, Father’s acknowledgment is conclusive subject only to rescission under Section 3.4.
3.3 Birth Certificate Amendment
Upon filing, Mother and Father shall cooperate with the Bureau of Vital Statistics to add Father’s name to the Child’s birth certificate.
3.4 Rescission & Challenge
(a) Either Party may rescind this Agreement any time within the Rescission Period by delivering a notarized rescission statement to the Bureau of Vital Statistics.
(b) After the Rescission Period, this Agreement may be challenged only on the grounds of fraud, duress, or material mistake of fact, and only by commencing an action in the Superior Court.
3.5 Child Support & Medical Support
(a) Father agrees to pay Child Support in accordance with Alaska Civil Rule 90.3, calculated on the income information provided in Exhibit B (Financial Affidavit).
(b) Support shall commence on [START DATE] and shall be payable on the [DAY] of each month.
(c) Father shall maintain health insurance for the Child whenever available at reasonable cost. Uncovered medical expenses shall be allocated [PERCENTAGE] Mother / [PERCENTAGE] Father.
3.6 Parenting Plan
[// GUIDANCE: Insert or attach parenting-time schedule if desired. Omit if parties will file a separate custody stipulation.]
3.7 Conditions Subsequent
Failure by either Party to provide requested financial information to CSSD within ten (10) calendar days constitutes a material breach triggering the remedies in Article 6.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Reps
Each Party represents and warrants that:
(a) they have full legal capacity to execute this Agreement;
(b) execution is voluntary and free from duress;
(c) all information provided herein is true and complete to the best of their knowledge.
4.2 Father’s Additional Reps
Father further represents that no other man is presumed or adjudicated to be the Child’s father.
4.3 Survival
All representations and warranties survive execution and filing of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Ongoing Cooperation
Parties shall execute any additional documents reasonably necessary to effectuate this Agreement, including responsive filings with CSSD.
5.2 Notice of Address Change
Each Party shall provide written notice to the other and to CSSD of any change in physical or mailing address within ten (10) days.
5.3 Non-Interference
No Party shall take any action intended to frustrate the payment or receipt of Child Support, including concealment of income or willful unemployment.
6. DEFAULT & REMEDIES
6.1 Events of Default
(a) Non-payment of Child Support for more than thirty (30) days.
(b) Failure to maintain health insurance as required.
(c) Material breach of any covenant in Article 5.
6.2 Cure Period
Except for non-payment of Child Support (which is immediately enforceable), the defaulting Party has fifteen (15) days after written notice to cure the default.
6.3 Remedies
(a) Support Enforcement proceedings through CSSD, including income withholding, license suspension, and tax refund interception.
(b) Entry of judgment for arrears, plus interest at the statutory rate.
(c) Award of reasonable attorney fees and costs to the prevailing Party.
7. RISK ALLOCATION
7.1 Indemnification
Not applicable per metadata (Section Indemnification: not_applicable).
7.2 Limitation of Liability
Except for Child Support obligations, neither Party shall be liable for consequential or punitive damages arising from this Agreement.
7.3 Force Majeure
A Party’s duty to pay Child Support is not excused by force majeure; all other performance obligations are suspended to the extent prevented by events beyond the Party’s reasonable control, provided prompt written notice is given.
8. DISPUTE RESOLUTION
8.1 Governing Law
Alaska substantive and procedural law applies.
8.2 Forum Selection
Exclusive jurisdiction and venue lie in the [COUNTY] Superior Court, Family Division.
8.3 Arbitration
Arbitration is unavailable for child-related matters under Alaska law.
8.4 Jury Waiver
Family court proceedings are tried without a jury.
8.5 Injunctive Relief
Nothing herein limits the court’s authority to issue immediate orders for Support Enforcement.
9. GENERAL PROVISIONS
9.1 Entire Agreement
This Agreement constitutes the entire understanding of the Parties regarding paternity acknowledgment and supersedes all prior agreements on this subject.
9.2 Amendment & Waiver
Any amendment must be in a writing signed by both Parties and notarized. Waiver of any provision on one occasion is not a waiver on any other occasion.
9.3 Assignment
Rights and obligations hereunder are personal to the Parties and may not be assigned.
9.4 Severability
If any provision is held invalid, the remaining provisions remain in full force and effect, and the court shall reform the invalid provision to the minimum extent necessary to comply with applicable law.
9.5 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original, and may be executed and delivered by electronic signature.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Voluntary Acknowledgment of Paternity Agreement as of the Effective Date.
Mother:
[MOTHER LEGAL NAME]
Father:
[FATHER LEGAL NAME]
Date: _____
NOTARY ACKNOWLEDGMENT
State of Alaska
County of ________
On this _ day of __, 20_, before me, the undersigned notary public, personally appeared ____ and _______, proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.
Notary Public in and for the State of Alaska
My commission expires: ____
[// GUIDANCE: Attach exhibits (Genetic Test Results, Financial Affidavit, Parenting Plan) as needed before filing with the Bureau of Vital Statistics.]