PATERNITY ACKNOWLEDGMENT & PARENTING AGREEMENT
(State of Alabama)
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 Parties
This Paternity Acknowledgment & Parenting Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [MOTHER LEGAL NAME], an individual residing at [MOTHER ADDRESS] (“Mother”); and
• [FATHER LEGAL NAME], an individual residing at [FATHER ADDRESS] (“Father”).
1.2 Recitals
A. Mother has given birth to [CHILD FULL LEGAL NAME] (the “Child”) on [CHILD DOB] in [COUNTY, Alabama].
B. The parties desire voluntarily to establish Father’s legal parentage of the Child in accordance with the Alabama Uniform Parentage Act and applicable federal mandates, including 42 U.S.C. § 666(a)(5) (collectively, the “State Paternity Law”).
C. The parties further wish to set forth their respective rights and obligations regarding child support, medical support, and related matters.
D. Consideration. Each party’s mutual promises herein constitute good and valuable consideration, the sufficiency of which is hereby acknowledged.
2. DEFINITIONS
For purposes of this Agreement, the following terms have the meanings set forth below:
“Acknowledgment of Paternity” or “AOP” means the statutory form prescribed by the Alabama Department of Human Resources for voluntary establishment of paternity.
“Alabama Family Court” means the state court of competent jurisdiction in [COUNTY, Alabama] that hears domestic relations matters.
“Child Support Guidelines” means Rule 32 of the Alabama Rules of Judicial Administration, together with any schedules or worksheets promulgated thereunder.
“Genetic Test” means a DNA test performed by a laboratory accredited by the AABB or equivalent authority.
“Parentage Order” means a final order of the Alabama Family Court confirming Father as the legal parent of the Child.
[Additional terms may be added as needed.]
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment of Paternity
(a) Concurrently with execution of this Agreement, the parties shall complete and sign the AOP in the presence of a licensed Alabama notary public.
(b) The parties shall cause the executed AOP to be filed with the Alabama Office of Vital Statistics within the statutory period.
[// GUIDANCE: Filing may be handled by the hospital if execution occurs at birth.]
3.2 Right to Genetic Testing
(a) Each party acknowledges the statutory right to request genetic testing before signing the AOP.
(b) Genetic Test Requested? ☐ Yes ☐ No
If “Yes,” the parties shall cooperate to schedule testing within [15] days. Costs shall be advanced by [SELECT: Father / Mother / Shared] and allocated finally by the Alabama Family Court, if necessary.
3.3 Rescission Period
The parties understand that either party may rescind the AOP within sixty (60) days of execution, or prior to the date of any administrative or judicial proceeding relating to the Child in which the party is a participant, whichever occurs first. After such period, rescission is permitted only upon a showing of fraud, duress, or material mistake of fact, as provided under State Paternity Law and 42 U.S.C. § 666(a)(5)(D)(iii).
3.4 Child Support & Related Financial Obligations
(a) Calculation. Child support shall be calculated in accordance with the Child Support Guidelines based on the parties’ current incomes and the Child’s reasonable needs. A completed Worksheet CS-42 is attached hereto as Schedule A and incorporated herein by reference.
(b) Commencement. Father’s support obligation shall commence on the first (1st) day of the month following (i) filing of the AOP, or (ii) entry of the Parentage Order, whichever is earlier.
(c) Method of Payment. Payments shall be made through the Alabama Child Support Payment Center, unless otherwise ordered.
(d) Medical Support. Father shall provide major medical and dental insurance for the Child, if available at reasonable cost through Father’s employment; otherwise, Mother shall obtain coverage, and Father shall reimburse [pro rata / 50 %] of the premium.
(e) Adjustment. Either party may seek modification consistent with Rule 32 upon a material change in circumstances.
3.5 Custody & Parenting Time
[// GUIDANCE: Insert agreed custody schedule or reserve for later determination by the court.]
3.6 Vital Records & Birth Certificate
Upon filing of the AOP, the Alabama Center for Health Statistics shall amend the Child’s birth certificate to reflect Father’s parentage. The parties shall execute any additional forms required by the State Registrar.
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each party represents that he or she is at least nineteen (19) years of age, is not under any legal disability, and has full legal capacity to enter into this Agreement.
4.2 Voluntariness. Each party executes this Agreement and the AOP knowingly and voluntarily, free of duress or coercion.
4.3 Accuracy of Information. Each party warrants that all information provided herein, in the AOP, and in any supporting documentation is true, complete, and correct to the best of that party’s knowledge.
4.4 Reliance. The parties acknowledge that the Alabama Department of Human Resources, the Alabama Family Court, and other governmental entities will rely on the truthfulness of the information and signatures provided.
4.5 Survival. The representations and warranties in this Section 4 shall survive execution of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. Each party shall execute all documents and take all actions reasonably necessary to effectuate the intent of this Agreement, including any court filings required to obtain a Parentage Order.
5.2 Notice of Change in Circumstances. Each party shall notify the other in writing within ten (10) days of any material change in residence, employment, or health insurance availability.
5.3 Non-Interference. Neither party shall take any action intended to impede or delay the other party’s lawful exercise of parental rights affirmed herein or by subsequent court order.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute “Events of Default”:
(a) Failure to make child support payments as required;
(b) Failure to cooperate in genetic testing as elected;
(c) Material breach of any representation, warranty, or covenant herein.
6.2 Cure Period. The defaulting party shall have ten (10) days after written notice to cure any monetary default and thirty (30) days to cure any non-monetary default, unless a shorter period is mandated by law or court order.
6.3 Remedies. Upon an Event of Default, the non-defaulting party may:
(a) Seek immediate enforcement through the Alabama Family Court, including income withholding orders, contempt proceedings, or license suspension;
(b) Recover reasonable attorney fees and costs incurred in enforcement;
(c) Pursue any additional relief available under State Paternity Law.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable per metadata.
7.2 Limitation of Liability. Except for obligations arising under the Child Support Guidelines, neither party shall be liable to the other for incidental, consequential, or punitive damages arising out of this Agreement.
7.3 Force Majeure. A party’s failure to perform a non-monetary obligation (other than custodial or support obligations) shall be excused to the extent performance is prevented by an event beyond the party’s reasonable control, provided the party gives prompt notice and resumes performance as soon as practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Alabama relating to paternity, child support, and domestic relations (“state_paternity_law”).
8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the [COUNTY] Alabama Family Court (“state_family_court”).
8.3 Arbitration. Not available for matters governed by this Agreement.
8.4 Jury Waiver. Proceedings in the Alabama Family Court are non-jury by statute; accordingly, no jury waiver is required.
8.5 Injunctive Relief. Nothing herein limits either party’s right to seek injunctive relief or expedited child support enforcement remedies under applicable law.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any amendment to this Agreement must be in writing and signed by both parties. No waiver of any provision shall be effective unless in writing, and a waiver on one occasion shall not constitute a waiver on any subsequent occasion.
9.2 Assignment. Neither party may assign or delegate this Agreement or any rights or obligations hereunder without prior written consent of the other party and approval of the Alabama Family Court, except as required by law for child support enforcement agencies.
9.3 Successors & Assigns. This Agreement shall bind and inure to the benefit of the parties and their respective heirs, legal representatives, and permitted assigns.
9.4 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to the minimum extent necessary to make it valid and consistent with the parties’ intent.
9.5 Integration. This Agreement, together with the executed AOP and any court orders or schedules attached, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements.
9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which shall constitute one instrument. Signatures delivered by electronic means shall be deemed original for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.
| Mother | Father |
|---|---|
| _______ | _______ |
| [MOTHER LEGAL NAME] | [FATHER LEGAL NAME] |
| Date: _______ | Date: _______ |
NOTARY ACKNOWLEDGMENT
State of Alabama )
County of [COUNTY] )
On this ___ day of ____, 20__, before me, a Notary Public, personally appeared [MOTHER LEGAL NAME] and [FATHER LEGAL NAME], proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for the purposes therein stated.
Notary Public, State of Alabama
My Commission Expires: ____
[Seal]
Schedule A – Child Support Worksheet CS-42
[Attach completed worksheet or insert placeholder.]
[// GUIDANCE: Alabama courts require the standardized Rule 32 worksheet. Insert the completed form, or indicate that it will be filed separately with the court.]