VOLUNTARY PATERNITY AGREEMENT AND ACKNOWLEDGMENT

State of Arkansas

TABLE OF CONTENTS

I. Document Header ............................................. 2
II. Definitions ................................................. 3
III. Operative Provisions ........................................ 5
IV. Representations & Warranties ................................ 9
V. Covenants & Restrictions .................................... 10
VI. Default & Remedies .......................................... 11
VII. Risk Allocation ............................................. 12
VIII. Dispute Resolution ......................................... 12
IX. General Provisions .......................................... 13
X. Execution Block ............................................. 15

[// GUIDANCE: Update page numbers if the document is modified.]

I. DOCUMENT HEADER

1. Title: Voluntary Paternity Agreement and Acknowledgment (the “Agreement”).
2. Parties:
   a. Mother: [MOTHER FULL LEGAL NAME], an adult individual residing at [ADDRESS] (“Mother”);
   b. Father: [FATHER FULL LEGAL NAME], an adult individual residing at [ADDRESS] (“Father”); and
   c. Child: [CHILD FULL LEGAL NAME], born on [DATE OF BIRTH] in [COUNTY], Arkansas (the “Child”).
3. Effective Date: [EFFECTIVE DATE] (the “Effective Date”).
4. Jurisdiction & Venue: This Agreement is governed by the laws of the State of Arkansas, including Ark. Code Ann. § 9-10-120, and any action arising hereunder shall be filed in a court of competent family-law jurisdiction within the State of Arkansas (“Family Court”).
5. Recitals
   a. The Parties are not married to each other.
   b. The Parties desire voluntarily to acknowledge and establish the Father’s paternity of the Child pursuant to Ark. Code Ann. § 9-10-120 and 42 U.S.C. § 666(a)(5)(D).
   c. The Parties wish to set forth their respective rights and obligations concerning paternity, child support, and related matters, subject at all times to Arkansas Child Support Guidelines.
   d. Adequate consideration exists, including the mutual promises herein, which the Parties acknowledge as sufficient.

II. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Capitalized terms defined herein have the same meaning throughout the Agreement unless the context clearly requires otherwise.

“Administrative Order No. 10” means Arkansas Supreme Court Administrative Order No. 10, as amended from time to time, establishing the Arkansas Family Support Chart and guidelines.

“Acknowledgment” means the voluntary acknowledgment of paternity executed in compliance with Ark. Code Ann. § 9-10-120 and, when properly filed, having the legal effect of a judicial determination of paternity.

“Child Support Guidelines” means Administrative Order No. 10 and the Arkansas Family Support Chart referenced therein.

“Court” or “Family Court” means any circuit court or division thereof in the State of Arkansas having jurisdiction over paternity, custody, and child-support matters concerning the Child.

“Genetic Testing” means deoxyribonucleic acid (DNA) parentage testing conducted by a laboratory accredited by the American Association of Blood Banks (AABB) or equivalent accrediting body.

“Party” and “Parties” refer to, individually, Mother or Father, and collectively, Mother and Father. The Child is referenced separately where appropriate.

“Rescission Period” means the sixty-(60)-day period after the date the last Party signs the Acknowledgment, during which either Mother or Father may rescind the Acknowledgment pursuant to 42 U.S.C. § 666(a)(5)(D)(ii) and Ark. Code Ann. § 9-10-120(f)(1).

“Support Order” means any court-approved order, judgment, or decree establishing or modifying child support obligations under Arkansas law.

III. OPERATIVE PROVISIONS

3.1 Voluntary Acknowledgment of Paternity

a. Father hereby voluntarily and irrevocably (subject to the Rescission Period) acknowledges that he is the biological father of the Child.
b. Mother concurs in such acknowledgment and affirms that Father is the Child’s biological father.
c. Contemporaneously with execution of this Agreement, the Parties shall execute the official Arkansas Department of Health Voluntary Acknowledgment of Paternity form (Form HS-15) (the “AOP Form”) and submit it for filing with the Arkansas Office of Vital Records.

[// GUIDANCE: Filing the AOP Form is mandatory for legal effectiveness. This Agreement supplements, but does not replace, the state-issued form.]

3.2 Birth Certificate & Vital Records

a. The Parties authorize and direct the Office of Vital Records to list Father’s name on the Child’s birth certificate once the AOP Form is accepted.
b. Father agrees to pay any applicable fees related to re-issuance of the birth certificate unless otherwise allocated in Section 3.8.

3.3 Genetic Testing

a. Each Party acknowledges an opportunity to request Genetic Testing before executing this Agreement and either (i) has obtained satisfactory test results confirming paternity or (ii) knowingly and voluntarily waives such testing.
b. If testing has been completed, certified results shall be appended as Exhibit A.
c. Post-Rescission Period challenges to the Acknowledgment shall be limited to allegations of fraud, duress, or material mistake of fact as provided in Ark. Code Ann. § 9-10-120(f)(2).

3.4 Right of Rescission

a. Either Party may rescind the Acknowledgment by completing and filing the state-prescribed rescission form within the Rescission Period.
b. A timely rescission renders the Acknowledgment and this Agreement void ab initio with respect to paternity; ancillary provisions (e.g., temporary support) remain enforceable until further order of the Court.

3.5 Custody & Visitation (Parental Responsibility)

[PLACEHOLDER FOR DETAILED PARENTING PLAN]
a. The Parties intend to submit the Parenting Plan attached hereto as Exhibit B for Court approval.
b. Pending such approval, the Parties agree to cooperate in good faith to ensure the Child’s best interests, recognizing that legal custody determinations ultimately rest with the Court.

3.6 Child Support

a. Father shall pay child support in the amount of $[AMOUNT] per [WEEK/MONTH], commencing on [DATE], calculated in accordance with the Child Support Guidelines based on Father’s monthly net income of $[INCOME].
b. Payments shall be remitted through the Arkansas Child Support Clearinghouse unless otherwise ordered by the Court.
c. Support shall be subject to automatic adjustment consistent with any future modification to Administrative Order No. 10 or subsequent Support Order.

3.7 Medical Support

a. Father shall maintain health insurance for the Child if available at a reasonable cost through Father’s employment.
b. Uncovered medical, dental, vision, and orthodontic expenses shall be allocated [PERCENTAGE]% Mother / [PERCENTAGE]% Father, unless modified by Court order.

3.8 Additional Financial Responsibilities

a. Father shall pay [PERCENTAGE]% and Mother [PERCENTAGE]% of:
i. Reasonable child-care costs;
ii. Extracurricular activity fees mutually agreed upon; and
iii. Birth certificate re-issuance fees (if not previously paid under Section 3.2(b)).
b. The Parties shall exchange proof of payment within thirty (30) days of incurring any shared expense.

3.9 Tax Dependency Exemption

[PLACEHOLDER FOR AGREED-UPON ALTERNATING OR SOLE YEAR TAX EXEMPTION ARRANGEMENT]

3.10 Confidentiality of Genetic Information

Genetic Testing results and related medical records shall be maintained in confidence and disclosed only as required by Arkansas law, Court order, or written consent of both Parties.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations
Each Party represents and warrants to the other that:
a. He or she has full legal capacity to execute and deliver this Agreement;
b. He or she has had the opportunity to seek independent legal counsel;
c. The information provided herein is complete and accurate to the best of his or her knowledge; and
d. Execution of this Agreement is voluntary and not the result of fraud, duress, or undue influence.

4.2 Survival
The representations and warranties set forth in this Section IV shall survive execution and remain in effect until superseded by a Court order or statutory mandate.

V. COVENANTS & RESTRICTIONS

5.1 Cooperation with Vital Records
The Parties shall timely provide all documentation and signatures required by the Office of Vital Records to effectuate the Acknowledgment and issuance of an amended birth certificate.

5.2 Notice of Change in Circumstances
Each Party shall notify the other, in writing, within ten (10) days of any material change in address, employment, or income relevant to child support calculations.

5.3 Non-Disparagement
The Parties shall refrain from disparaging the other in the presence or hearing of the Child.

VI. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to remit child support as required in Section 3.6;
b. Failure to maintain insurance coverage as required in Section 3.7;
c. Failure to comply with any Court-approved Parenting Plan.

6.2 Cure Period
Except for exigent circumstances involving the Child’s health or safety, the non-defaulting Party shall provide written notice and a ten-(10)-day opportunity to cure prior to initiating enforcement proceedings.

6.3 Remedies
a. The non-defaulting Party may seek enforcement, contempt, wage withholding, license suspension, or any remedy permitted under Arkansas law.
b. The Parties acknowledge that the Family Court retains exclusive jurisdiction to enforce or modify support, custody, and visitation terms, and that injunctive relief is available to ensure the Child’s welfare.

6.4 Attorney’s Fees
The Court may award reasonable attorney’s fees and costs to the prevailing Party in any enforcement action, consistent with Ark. Code Ann. § 9-10-108(c).

VII. RISK ALLOCATION

7.1 Indemnification
Not applicable per Section VII of the Metadata.

7.2 Limitation of Liability
Father’s financial liability under this Agreement is limited to those child-support and related obligations expressly set forth herein or subsequently ordered by the Court in accordance with Arkansas law. Neither Party shall be liable for incidental, consequential, or punitive damages arising from parental disputes, except as expressly awarded by the Court.

7.3 Force Majeure
A Party’s temporary inability to perform a financial obligation due to events beyond his or her reasonable control (e.g., natural disaster, involuntary unemployment) shall not constitute a default, provided that the affected Party promptly notifies the other and petitions the Court for temporary modification if required.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement and all related disputes shall be governed by the substantive and procedural laws of the State of Arkansas, without regard to conflict-of-law principles.

8.2 Forum Selection
Exclusive venue lies in the Family Court of [COUNTY], Arkansas.

8.3 Arbitration
Arbitration is not available for paternity or child-support matters under Arkansas law; therefore, all disputes shall be resolved in Family Court.

8.4 Jury Waiver
No jury trial is available in Family Court matters of this nature.

8.5 Injunctive Relief
Nothing in this Section VIII shall preclude either Party from seeking temporary or permanent injunctive relief, including wage withholding or liens, to enforce child-support or custody provisions.

IX. GENERAL PROVISIONS

9.1 Amendments
Any amendment to this Agreement shall be in writing, signed by both Parties, notarized, and, where required, approved by the Family Court.

9.2 Waiver
Failure to enforce any provision shall not be deemed a waiver of future enforcement.

9.3 Assignment
No rights or obligations under this Agreement may be assigned or delegated without prior written consent of the other Party and approval of the Court, except that state child-support enforcement agencies may assume collection rights by operation of law.

9.4 Successors & Assigns
Subject to Section 9.3, this Agreement shall bind and inure to the benefit of the Parties and their respective heirs, legal representatives, and permitted assigns.

9.5 Severability
If any provision is found unenforceable, the remaining provisions shall be given full force and effect, and the unenforceable provision shall be reformed to the minimum extent necessary to comply with applicable law.

9.6 Entire Agreement
This Agreement, together with the AOP Form and any Court-approved Parenting Plan, constitutes the entire agreement between the Parties concerning paternity and supersedes all prior oral or written understandings.

9.7 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original and all of which constitute one instrument. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed original signatures under the Arkansas Uniform Electronic Transactions Act.

X. EXECUTION BLOCK

[// GUIDANCE: Signatures should be notarized. Attach notary acknowledgment blocks as required by Ark. Code Ann. §§ 16-47-101 et seq.]

Mother

[MOTHER FULL LEGAL NAME]
Date: _______

Father

[FATHER FULL LEGAL NAME]
Date: _______

Witness

(Required if the notary is not witnessing both signatures.)

[WITNESS NAME]
Date: _______

NOTARY ACKNOWLEDGMENT

State of Arkansas )
County of __ )

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [MOTHER FULL LEGAL NAME] and [FATHER FULL LEGAL NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

In witness whereof I hereunto set my hand and official seal.

Notary Public

My Commission Expires: ____

Seal: ___

[// GUIDANCE:
1. File the executed AOP Form with the Arkansas Office of Vital Records.
2. Submit this Agreement and any Parenting Plan to the Family Court for incorporation into a Court order.
3. Provide copies to the Arkansas Child Support Clearinghouse if wage withholding is anticipated.
4. Calendaring: diarize the 60-day Rescission Period and any support review dates.]