VOLUNTARY PATERNITY ACKNOWLEDGMENT AGREEMENT
(District of Columbia)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
[// GUIDANCE: Delete the Table of Contents prior to filing if the Clerk’s Office requires a specific page format.]
1. DOCUMENT HEADER
This Voluntary Paternity Acknowledgment 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”).
Mother and Father are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Recitals
A. The Parties are the biological parents of the minor child identified below.
B. The Parties desire to voluntarily acknowledge Father’s paternity pursuant to D.C. Code § 16-909.01 and related provisions of the District of Columbia Uniform Parentage Act (the “UPA”).
C. The Parties enter into this Agreement to establish the legal parent-child relationship, allocate parental rights and obligations, and comply with District of Columbia child support guidelines set forth in D.C. Code § 16-916.01.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, and intending to be legally bound, the Parties hereby agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms have the meanings set forth below:
“Acknowledgment Date” means the date on which both Parties execute this Agreement before a Notary Public.
“Child” means [CHILD FULL LEGAL NAME], born on [CHILD DOB] in [CITY, STATE].
“District” means the District of Columbia.
“Genetic Testing” means DNA testing performed by an accredited laboratory in compliance with UPA standards.
“Guidelines” means the District of Columbia Child Support Guideline codified at D.C. Code § 16-916.01 and any implementing regulations.
“Parentage Order” means a final order of the Superior Court for the District of Columbia, Family Court Division, confirming Father’s paternity and incorporating or superseding this Agreement.
[// GUIDANCE: Add additional defined terms as needed for unique client circumstances.]
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment of Paternity
(a) Father hereby voluntarily and irrevocably (subject only to the rescission rights outlined in Section 6.1) acknowledges that he is the biological and legal father of the Child.
(b) Mother concurs and affirms Father’s acknowledgment.
(c) The Parties shall execute any additional District-approved “Acknowledgment of Paternity” form required by the Office of Vital Records contemporaneously with this Agreement.
3.2 Birth Certificate Amendment
Within five (5) business days following the Acknowledgment Date, the Parties shall submit the executed District form to the Office of Vital Records requesting that Father be listed on the Child’s birth certificate.
3.3 Genetic Testing (Optional)
(a) Either Party may, at or before execution of this Agreement, request Genetic Testing at that Party’s sole cost.
(b) If Genetic Testing is requested, execution of this Agreement shall be deferred until written results are received.
(c) By executing this Agreement without requesting Genetic Testing, each Party expressly waives the statutory right to compel such testing under the UPA absent a showing of fraud, duress, or material mistake of fact.
3.4 Child Support
(a) The Parties acknowledge that Father’s child-support obligation shall be determined in accordance with the Guidelines.
(b) Until a formal support order issues, Father shall make provisional payments of [$___ per week/month] to Mother beginning [DATE], subject to retroactive adjustment upon entry of the Parentage Order.
(c) All payments shall be made via [METHOD, e.g., Wage Withholding / D.C. Child Support Clearinghouse].
3.5 Custody and Parenting Time
(a) The Parties agree to work cooperatively to develop a comprehensive Parenting Plan.
(b) Pending court approval, the Parties adopt the interim schedule attached hereto as Exhibit A.
3.6 Health Insurance & Extraordinary Expenses
Father shall maintain health insurance for the Child if available at reasonable cost and shall pay [PERCENTAGE]% of uncovered medical, dental, and extracurricular expenses.
3.7 Conditions Subsequent
Failure of either Party to comply with Section 3.2 (Birth Certificate Amendment) or 3.4 (Child Support) within the stated time frames constitutes an Event of Default under Section 6.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority and Capacity
Each Party represents that:
(a) They are at least eighteen (18) years of age and legally competent.
(b) They are not subject to any order, agreement, or pending action that would conflict with or impede the execution or enforceability of this Agreement.
4.2 Accuracy of Information
Each Party warrants that the personal information provided herein is true, correct, and complete in all material respects.
4.3 No Other Presumed Father
Mother represents that no other individual meets any presumption of paternity under D.C. Code § 16-909(a), or, if such presumption exists, that it has been legally rebutted or disestablished.
4.4 Survival
The representations and warranties set forth in this Section 4 shall survive execution and delivery of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants
(a) Cooperation: The Parties shall execute all documents and take all actions reasonably necessary to effectuate the purposes of this Agreement.
(b) Disclosure: Each Party shall promptly disclose any material change in circumstances affecting child support, custody, or health insurance.
5.2 Negative Covenants
No Party shall initiate or facilitate adoption proceedings or attempt to terminate the other Party’s parental rights without prior court approval and notice to the affected Party.
5.3 Notice and Cure
Except as otherwise provided herein, a Party alleging breach shall provide written notice specifying the nature of the breach and a ten (10) day cure period before seeking judicial relief.
6. DEFAULT & REMEDIES
6.1 Rescission Window
Pursuant to D.C. Code § 16-909.01(c), either Party may rescind this Agreement within sixty (60) days of the Acknowledgment Date, or prior to the date of the first court hearing relating to the Child, whichever occurs earlier, by filing a rescission form with the Office of Vital Records and providing written notice to the other Party.
6.2 Events of Default
The following constitute “Events of Default”:
(a) Failure to timely pay child support under Section 3.4;
(b) Failure to submit documents pursuant to Section 3.2;
(c) Material misrepresentation in Section 4.
6.3 Remedies
Upon an Event of Default and expiration of any applicable cure period, the non-defaulting Party may:
(a) Petition the Family Court for enforcement, including wage withholding and contempt;
(b) Seek reimbursement of reasonable attorney’s fees and costs;
(c) Request such other relief as the court deems just and proper.
[// GUIDANCE: Additional remedies (e.g., makeup parenting time) may be inserted here.]
7. RISK ALLOCATION
7.1 Indemnification
Not applicable per Parties’ agreement and metadata; each Party bears responsibility only for their respective statutory child-support obligations.
7.2 Limitation of Liability
Except for obligations directly related to the Child’s support, health, and welfare, neither Party shall be liable to the other for consequential, incidental, or punitive damages arising out of or related to this Agreement.
7.3 Force Majeure
A Party shall not be deemed in default for failure to perform solely to the extent performance is rendered impossible by an act of God, war, pandemic, or comparable event beyond the Party’s reasonable control; provided, however, that child-support obligations shall resume immediately upon cessation of the force-majeure condition.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the domestic-relations laws of the District of Columbia.
8.2 Forum Selection
Exclusive jurisdiction and venue shall lie in the Superior Court of the District of Columbia, Family Court Division.
8.3 Arbitration
The Parties acknowledge that matters of paternity and child support are not subject to private arbitration under District law; accordingly, no arbitration mechanism is provided.
8.4 Jury Waiver
Family Court proceedings relating to paternity and support are heard without a jury; any right to trial by jury that might otherwise apply is hereby knowingly and voluntarily waived.
8.5 Injunctive Relief
Nothing herein shall limit either Party’s right to petition the Family Court for temporary or permanent injunctive relief to enforce child-support or parenting-time obligations.
9. GENERAL PROVISIONS
9.1 Amendment and Waiver
This Agreement may be amended only by a written instrument signed by both Parties and, where required, approved by the Family Court. Waiver of any provision on one occasion shall not constitute waiver of any other provision or of the same provision on another occasion.
9.2 Assignment
Neither Party may assign or delegate any rights or obligations hereunder without prior written consent of the other Party and approval of the Family Court.
9.3 Successors and Assigns
Subject to Section 9.2, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and permitted assigns.
9.4 Severability
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the offending provision shall be reformed to the minimum extent necessary to render it valid and enforceable.
9.5 Integration / Merger
This Agreement, together with any District-approved acknowledgment form executed contemporaneously herewith, constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, or negotiations, whether oral or written.
9.6 Counterparts; Electronic Signatures
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile, PDF, or compliant e-signature platform shall be deemed originals.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Voluntary Paternity Acknowledgment Agreement as of the Effective Date.
Mother
[MOTHER LEGAL NAME]
Date: _______
Father
[FATHER LEGAL NAME]
Date: _______
NOTARIZATION
DISTRICT OF COLUMBIA )
) SS:
COUNTY OF _______ )
On this _ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [MOTHER LEGAL NAME] and [FATHER 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: ______
[// GUIDANCE:
1. File the District “Acknowledgment of Paternity” form with the Office of Vital Records immediately after execution.
2. Calendar the 60-day rescission deadline (Section 6.1).
3. Recommend filing for a formal “Parentage Order” to convert this private agreement into an enforceable court order, thereby enabling wage withholding and federal enforcement mechanisms.
4. Adjust support figures in Section 3.4 to reflect preliminary calculations under the current Guidelines worksheet.
]