Paternity Agreement

DISTRICT OF COLUMBIA PATERNITY ACKNOWLEDGMENT PREPARATION AND PARENTING PROPOSAL

CRITICAL — NOT THE AOP OR A COURT ORDER: District parentage may be established through the official Acknowledgement of Paternity (“AOP”) process when all statutory and agency requirements are satisfied. This private packet is not the official AOP, does not itself establish paternity, and does not create a custody, visitation, or child-support order. Obtain and complete the official AOP with the hospital or birthing center, DC Health Vital Records Division, or the Child Support Services Division (“CSSD”).

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Official AOP Preparation
4. Separate Parenting and Support Proposals
5. Required Disclosures
6. Proposed Cooperation Terms
7. Enforcement Gate
8. Risk-Allocation Gate
9. Procedure
10. Effect and Packet Signatures

1. DOCUMENT HEADER

1.1 Title

DISTRICT OF COLUMBIA PATERNITY ACKNOWLEDGMENT PREPARATION AND PARENTING PROPOSAL (this “Packet”).

1.2 Parties

This Packet is prepared by:

(a) [MOTHER'S FULL LEGAL NAME], residing at [ADDRESS] (“Mother”); and

(b) [PROPOSED FATHER'S FULL LEGAL NAME], residing at [ADDRESS] (“Proposed Father”).

Mother and Proposed Father are each a “Party” and collectively the “Parties.”

1.3 Child

This Packet concerns [CHILD'S FULL LEGAL NAME], born on [DOB] in [BIRTH FACILITY OR LOCATION], District of Columbia (“Child”).

1.4 Preparation Date

This Packet was prepared on [PREPARATION DATE].

1.5 Purpose

The Parties wish to prepare for the official AOP process described in D.C. Code §§ 16-909, 16-909.01, and 16-2342.01 and separately record proposed parenting and support terms for attorney, agency, or court review. No proposal in this Packet is represented as an enforceable parenting or support order.

2. DEFINITIONS

“Official AOP” means the District's Acknowledgement of Paternity form supplied and processed through an authorized hospital or birthing center, DC Health Vital Records Division, or CSSD.

“Presumed Parent” means a person whose status may create a parentage presumption under D.C. Code § 16-909.

“Parenting Proposal” means the nonbinding terms recorded in Section 4 for possible use in a separate reviewed court filing or agreement.

3. OFFICIAL AOP PREPARATION

3.1 Obtain the Official AOP

Do not use this Packet as a substitute form. The D.C. Office of the Attorney General identifies three completion routes:

(a) hospital or birthing-center staff after the Child's birth;

(b) DC Health Vital Records Division; or

(c) CSSD.

Selected route and appointment or contact details: [________________________________].

3.2 Eligibility Gate

The current OAG procedure states that the Child must have been born in the District and that the Mother must not have been married to, or in a registered domestic partnership with, another person at conception, birth, or any time between. D.C. Code §§ 16-909 and 16-909.01 also distinguish cases involving a Presumed Parent.

Child born in the District: [YES / NO].

Mother's marriage or registered-domestic-partnership history from conception through birth: [________________________________].

Possible Presumed Parent identified: [NO / YES — STOP FOR LEGAL REVIEW].

3.3 Required Advisements and Information

D.C. Code § 16-909.01(a)(1) requires written and oral notice of the alternatives, legal consequences, rights, and responsibilities before signing. The acknowledgment must contain the identifying information and statements listed in that section. Complete every part of the official form and provide the identification required by the authorized staff.

3.4 Signature and Oath

Section 16-909.01(a)(1)(A) requires the Mother and father to sign a written statement in the District under oath and permits use of a notary. The current OAG procedure directs the Parties to swear that the information is true and explains that hospital, Vital Records, or CSSD staff will help complete, notarize, and file the AOP. Follow the official form and staff instructions exactly.

3.5 Legal Effect

When the Child has no Presumed Parent and the statutory requirements are satisfied, an unrescinded AOP legally establishes the parent-child relationship for District-law rights, privileges, duties, and obligations under D.C. Code § 16-909.01(b). Sections 16-909(b-1)(2) and 16-2342.01 describe the resulting conclusive presumption and permit the AOP to serve as a basis for seeking child support without another proceeding to establish paternity.

The OAG expressly warns that signing an AOP does not guarantee custody or visitation.

3.6 Rescission

Under D.C. Code § 16-909.01(a-1), a signatory may rescind within the earlier of:

(a) sixty days; or

(b) the date of an administrative or judicial proceeding relating to the Child in which the signatory is a party.

Obtain the current rescission procedure directly from CSSD or legal counsel. This Packet does not itself rescind the AOP.

3.7 Later Challenge

After the rescission period, D.C. Code § 16-909(c-1)(2) permits a court challenge only through the procedures applicable to a final judgment and only on fraud, duress, or material mistake of fact. The challenging party bears the burden of proof. Legal responsibilities, including child-support obligations, are not suspended during the challenge except for good cause shown.

3.8 Genetic-Testing Notice

The OAG advises a person who is uncertain about parentage not to sign the AOP and identifies genetic testing before completion as an option. This private Packet creates no testing deadline, waiver, laboratory standard, cost award, or automatic rescission procedure.

4. SEPARATE PARENTING AND SUPPORT PROPOSALS

The terms below are proposals for a separate court filing or reviewed agreement. They do not arise automatically from the Official AOP and are not enforceable merely because this Packet is signed.

4.1 Proposed Legal Custody and Decision-Making

Proposed arrangement: [SOLE / JOINT / OTHER].

Reasons and supporting facts: [________________________________].

4.2 Proposed Physical Custody and Parenting Time

(a) Regular schedule: [________________________________].

(b) Holidays and vacations: [________________________________].

(c) Exchanges, transportation, and communication: [________________________________].

(d) Proposed court filing or reviewed agreement: [________________________________].

4.3 Proposed Child Support and Expenses

(a) Proposed payor: [MOTHER / FATHER / OTHER].

(b) Proposed amount: $[AMOUNT] per [WEEK / MONTH], subject to the current District child-support calculation and any required order.

(c) Proposed medical, dental, childcare, and activity allocation: [________________________________].

(d) Existing support order or CSSD case: [NONE / DETAILS: ________________________________].

4.4 Proposed Health-Care Coverage

Proposed responsible parent, coverage source, and uninsured-expense allocation: [________________________________].

5. REQUIRED DISCLOSURES

Each Party shall identify for attorney, agency, or court review:

(a) every Presumed Parent, acknowledged parent, or adjudicated parent known to the Party;

(b) every marriage or registered domestic partnership involving the Mother during the relevant period;

(c) every existing parentage, support, custody, visitation, protection-order, adoption, or neglect case concerning the Child; and

(d) every order or agreement that may affect the proposals in this Packet.

Supporting records or case information: [________________________________].

6. PROPOSED COOPERATION TERMS

6.1 Official Documents

The Parties propose to cooperate in completing only the official or court documents selected after review.

6.2 Relocation Proposal

[INSERT REVIEWED PROPOSAL OR STATE THAT THE CONTROLLING ORDER AND CURRENT LAW GOVERN.]

6.3 Communication and Information Sharing

[INSERT REVIEWED PROPOSAL OR OMIT.]

6.4 Non-Disparagement

[INSERT REVIEWED PROPOSAL OR OMIT.]

7. ENFORCEMENT GATE

This preparation Packet creates no private default, cure period, fee entitlement, contempt remedy, wage assignment, make-up-visitation remedy, or right to alter custody. Enforcement depends on the Official AOP and any separate court or agency order.

Issue for attorney, CSSD, or court review: [________________________________].

8. RISK-ALLOCATION GATE

No indemnity, liability cap, damages waiver, force-majeure defense, life-insurance mandate, or tax allocation is created by this Packet. Any emergency, missed exchange, support issue, or safety concern must be handled under the controlling order and the procedure selected with counsel.

9. PROCEDURE

9.1 Official AOP

Completion location and appointment: [________________________________].

Identification and procedural requirements confirmed with authorized staff on: [DATE].

9.2 Separate Custody, Visitation, or Support Matter

DC Superior Court or CSSD case number, if any: [________________________________].

Selected petition, consent order, parenting plan, or agency process: [________________________________].

9.3 Excluded Clauses

No arbitration clause, jury waiver, exclusive-forum clause, electronic-signature substitute, or private injunctive-remedy clause is included. The Official AOP must be executed through the current authorized process.

10. EFFECT AND PACKET SIGNATURES

10.1 Limited Effect

Signing this Packet does not sign, notarize, file, amend, rescind, or challenge the Official AOP or any parentage determination. It does not enter or modify a support, custody, or visitation order.

10.2 Packet Signatures

The signatures below acknowledge only that the Parties reviewed this preparation Packet and recorded the proposals above.

OFFICIAL AOP CHECKLIST

• ☐ Confirmed that the Child was born in the District of Columbia
• ☐ Reviewed the Mother's marriage and registered-domestic-partnership history from conception through birth
• ☐ Confirmed that no Presumed Parent issue requires a court or attorney review
• ☐ Selected the hospital, DC Health Vital Records, or CSSD completion route
• ☐ Read the written and oral advisements before signing
• ☐ Supplied the identifying information and photo identification requested by authorized staff
• ☐ Signed and completed the oath or notarization exactly as the official process directs
• ☐ Kept custody, visitation, and support proposals separate from the Official AOP

SOURCES AND REFERENCES

• D.C. Law Library, D.C. Code § 16-909.01: https://code.dccouncil.gov/us/dc/council/code/sections/16-909.01
• D.C. Law Library, D.C. Code § 16-909: https://code.dccouncil.gov/us/dc/council/code/sections/16-909
• D.C. Law Library, D.C. Code § 16-2342.01: https://code.dccouncil.gov/us/dc/council/code/sections/16-2342.01
• D.C. Office of the Attorney General, “Parentage and Paternity — Unwed Parents”: https://oag.dc.gov/parentage-and-paternity-unwed-parents
• DC Health, “DC Vital Records — Important Notices”: https://dchealth.dc.gov/page/dc-vital-records-important-notices