VOLUNTARY PATERNITY ACKNOWLEDGMENT AGREEMENT
(State of Colorado)
[// GUIDANCE: This template is designed for use by Colorado‐licensed attorneys to memorialize a voluntary acknowledgment of paternity under Colorado’s version of the Uniform Parentage Act (UPA) and the federal requirements of 42 U.S.C. § 666(a)(5). It is not a substitute for the statutory “Acknowledgment of Parentage” form required by the Colorado Department of Public Health & Environment (CDPHE). Practitioners should complete and file the CDPHE form in addition to, or instead of, this agreement to perfect the legal determination of paternity.]
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. This Voluntary Paternity Acknowledgment Agreement (the “Agreement”) is entered into by and among the following parties (each, a “Party,” and collectively, the “Parties”):
(a) [Mother’s Full Legal Name], an individual residing at [Address] (“Mother”);
(b) [Father’s Full Legal Name], an individual residing at [Address] (“Father”); and
(c) [Child’s Full Legal Name], born on [Date of Birth] in [City & County, Colorado] (the “Child”).
1.2 Effective Date. This Agreement shall become effective on the date it is last executed by the Parties (the “Effective Date”).
1.3 Jurisdiction and Governing Law. This Agreement shall be governed by and construed in accordance with the laws governing paternity in the State of Colorado (the “Governing Law”).
1.4 Recitals.
A. Father and Mother were not married to each other at the time of the Child’s birth.
B. Father desires to voluntarily acknowledge paternity of the Child, and Mother consents to such acknowledgment, consistent with Colorado’s UPA and 42 U.S.C. § 666(a)(5).
C. The Parties wish to formalize their respective rights and obligations concerning paternity, child support, decision‐making responsibility, and parenting time, subject to approval and continuing jurisdiction of the Colorado state family court.
D. Adequate and sufficient consideration exists—namely, the mutual promises herein—for this Agreement to be enforceable.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below. Terms defined in singular include the plural and vice versa.
“Acknowledgment Period” means the period of sixty (60) days following execution of the CDPHE statutory acknowledgment form—or, if earlier, until the date of the first court proceeding relating to the Child—in which a Party may rescind the acknowledgment without court order.
“Child Support Guidelines” means the child support calculation guidelines promulgated under Colorado law, as amended from time to time.
“Genetic Test” means a scientifically reliable DNA test of the type approved by the Colorado Department of Human Services establishing a statistical probability of paternity of at least ninety‐nine percent (99%).
“Parenting Plan” means the comprehensive agreement regarding decision‐making responsibility (legal custody) and parenting time (physical custody) for the Child, attached hereto as Schedule 1.
“State Family Court” means the district court for the [Designated County] County, State of Colorado, exercising domestic relations jurisdiction over the Parties and the Child.
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment of Paternity.
(a) Father hereby voluntarily acknowledges that he is the natural and legal father of the Child.
(b) Mother concurs and accepts such acknowledgment.
(c) Concurrent with the execution of this Agreement, the Parties shall complete and sign the CDPHE Acknowledgment of Parentage form and deliver the same for filing with the state registrar of vital statistics within five (5) business days.
3.2 Right to Genetic Testing.
(a) Father and Mother each acknowledge their right to obtain a Genetic Test prior to or within the Acknowledgment Period.
(b) If either Party elects in writing to obtain such testing within the Acknowledgment Period, the requesting Party shall bear the initial cost subject to possible reallocation by the State Family Court.
(c) If a Genetic Test excludes Father as the biological parent, the Parties shall cooperate to rescind the acknowledgment and this Agreement forthwith.
3.3 Child Support.
(a) Commencing on the first day of the month following the Effective Date, Father shall pay child support to Mother in the amount determined under the Child Support Guidelines, calculated using the income, expense, and parenting time allocations set forth in Schedule 2.
(b) Support shall be paid on or before the [___] day of each month via the Colorado Family Support Registry or as otherwise ordered by the State Family Court.
(c) The Parties agree to exchange updated financial disclosures annually, no later than April 1 of each calendar year, for purposes of recalculating support.
3.4 Parenting Time and Decision-Making. The Parties adopt and incorporate the Parenting Plan attached as Schedule 1, which may be modified only by written agreement approved by the State Family Court.
3.5 Health Insurance & Medical Expenses.
(a) Father shall maintain health and dental insurance for the Child through employer-sponsored coverage or equivalent private coverage.
(b) Uninsured medical, dental, vision, and mental-health expenses shall be allocated between the Parties as follows: Mother [] %; Father [] %.
3.6 Life Insurance. Father shall maintain term life insurance with a death benefit of not less than [Dollar Amount] naming the Child (or a trust for the Child’s benefit) as irrevocable beneficiary until the Child reaches the age of emancipation under Colorado law.
3.7 Tax Matters. Unless otherwise ordered by the State Family Court, the Parties shall alternate the claim to the federal and state child tax dependency exemption for the Child, with Father claiming in even‐numbered tax years and Mother in odd-numbered tax years, conditioned upon Father being substantially current in child support.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Representations. Each Party represents and warrants that:
(a) He or she has the legal capacity and authority to execute this Agreement;
(b) Execution of this Agreement is voluntary and not the result of duress, fraud, or undue influence;
(c) He or she has either consulted independent legal counsel or knowingly waived the right to do so;
(d) There are no pending actions that would conflict with or invalidate this Agreement.
4.2 Father’s Additional Representations. Father represents that he has disclosed to Mother any known facts or circumstances that could materially affect the determination of paternity.
4.3 Survival. The representations and warranties in this Section shall survive execution and remain effective until rescission or judicial vacation of the acknowledgment, if any.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation with Court Procedures. Each Party shall execute and deliver all documents, and shall take such further actions, as may be reasonably necessary to effectuate the terms of this Agreement and any related court orders.
5.2 Notice of Change in Circumstances. A Party shall provide written notice to the other Party within fourteen (14) days of any material change that could affect child support, insurance, or parenting time (e.g., job loss, relocation, health issues).
5.3 Non-Interference. Neither Party shall disparage the other to the Child or interfere with the Child’s relationship with the other Party.
5.4 Relocation. Any proposed relocation of the Child’s primary residence that would substantially change the geographic ties between the Child and the other Party shall comply with Colorado statutory relocation requirements and the Parenting Plan.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute a default under this Agreement:
(a) Failure to pay child support or medical expenses when due;
(b) Material breach of the Parenting Plan;
(c) Willful refusal to cooperate with Genetic Testing as ordered.
6.2 Cure Period. Except for non-payment of child support—which is subject to immediate wage withholding—an alleged default shall be cured within ten (10) calendar days after receipt of written notice specifying the breach.
6.3 Remedies. Without limiting other remedies available under Governing Law, upon an uncured default the non-breaching Party may:
(a) Seek enforcement or contempt sanctions in State Family Court;
(b) Request modification of parenting time or decision-making;
(c) Recover reasonable attorney fees and costs incurred in enforcement.
7. RISK ALLOCATION
7.1 Indemnification. No indemnification obligations are created by this Agreement.
7.2 Limitation of Liability. Each Party’s financial liability arising under or in connection with this Agreement shall be limited to the child support and related obligations expressly set forth herein or as subsequently ordered by the State Family Court.
7.3 Force Majeure. A Party shall not be deemed in default for failure to perform solely to the extent such failure is caused by an event of force majeure making performance legally or physically impossible; provided, however, that this provision does not excuse timely child support unless modified by court order.
8. DISPUTE RESOLUTION
8.1 Exclusive Forum. The State Family Court shall have exclusive jurisdiction over any dispute arising under or related to this Agreement.
8.2 Arbitration. Arbitration is not available for the matters addressed herein.
8.3 Jury Waiver. Matters of paternity, support, and parenting time are triable to the court; the Parties therefore knowingly waive any right to trial by jury to the extent one might otherwise exist.
8.4 Injunctive Relief. The State Family Court retains authority to issue any injunctive or other equitable relief necessary for support enforcement and the best interests of the Child.
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. Any amendment or waiver of this Agreement must be in writing, signed by all Parties, and, where required, approved by the State Family Court. No waiver of any breach shall be deemed a waiver of any subsequent breach.
9.2 Assignment. Owing to the personal nature of the obligations herein, no Party may assign or delegate any duty without prior written consent of the other Party and approval of the State Family Court.
9.3 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives, and permitted assigns.
9.4 Severability. If any provision is held unenforceable, such provision shall be reformed to the minimum extent necessary to comply with Governing Law; the remaining provisions shall remain in full force and effect.
9.5 Entire Agreement. This Agreement, together with any schedules and the CDPHE acknowledgment form, constitutes the entire understanding of the Parties with respect to its subject matter and supersedes all prior agreements, whether written or oral.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. Signatures transmitted by electronic means (e.g., PDF, DocuSign) shall be deemed original signatures.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
MOTHER
[Mother’s Full Legal Name]
Date: _____
FATHER
[Father’s Full Legal Name]
Date: _____
NOTARY ACKNOWLEDGMENT
State of Colorado )
County of [____] )
The foregoing instrument was acknowledged before me this ___ day of ____, 20__, by [Mother’s Name] and [Father’s Name].
Notary Public: _____
My Commission Expires: ___
[Seal]
SCHEDULE 1
Parenting Plan
[// GUIDANCE: Insert detailed parenting time calendar, decision-making protocol, holiday schedule, transportation responsibilities, relocation language, dispute-resolution ladder, etc.]
SCHEDULE 2
Child Support Worksheet
[// GUIDANCE: Insert gross monthly incomes, overnights, insurance premiums, childcare costs, and the resulting guideline support amount. Attach current pay stubs and financial affidavits as exhibits.]
[// GUIDANCE: After execution, file (1) the CDPHE Acknowledgment of Parentage form, and (2) this Agreement or a motion to approve allocation of parental responsibilities with the State Family Court to obtain an enforceable order on child support and parenting time.]