PATERNITY ACKNOWLEDGMENT & PARENTING AGREEMENT
(Voluntary – State of Delaware)
[// GUIDANCE: This template is intended for use when the child’s Biological Mother and Alleged Biological Father wish voluntarily to establish legal paternity under 13 Del. C. Ch. 8 and contemporaneously address related parenting matters. Customize bracketed items, delete inapplicable provisions, and add schedules (e.g., Parenting Plan) as needed.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1. Acknowledgment of Paternity
3.2. Genetic Testing & Waiver
3.3. Revocation & Challenge Rights
3.4. Child Support & Financial Responsibilities
3.5. Custody, Visitation & Parenting Cooperation
3.6. Birth Certificate & Notice to Vital Statistics - Representations & Warranties
- Covenants & Continuing Obligations
- Default, Enforcement & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Paternity Acknowledgment & Parenting Agreement (the “Agreement”) is made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
- [MOTHER LEGAL NAME], an individual residing at [ADDRESS] (“Mother”); and
- [FATHER LEGAL NAME], an individual residing at [ADDRESS] (“Father”).
Mother and Father are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Recitals
A. Child. The Parties are the biological parents of [CHILD FULL LEGAL NAME] (the “Child”), born on [DOB] in [COUNTY], Delaware.
B. Purpose. The Parties desire voluntarily and irrevocably (subject to statutory rescission rights) to establish Father’s legal paternity of the Child pursuant to 13 Del. C. § 8-301 et seq., and to set forth their respective parental rights and obligations, including child support, custody, and related matters, all in the best interests of the Child.
C. Consideration. In consideration of the mutual promises and undertakings herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below; terms defined elsewhere have the same meaning when used herein.
“Acknowledgment” means the voluntary acknowledgment of paternity executed under 13 Del. C. § 8-301 et seq., signed under penalty of perjury, and filed with the Delaware Office of Vital Statistics.
“Child Support Guidelines” means the Delaware Child Support Formula and related rules promulgated under Family Court Civil Rule 509 (commonly referred to as the “Melson Formula”), as amended from time to time.
“DCSS” means the Division of Child Support Services of the Delaware Department of Health and Social Services.
“Effective Date” has the meaning set forth in Section 1.
“Family Court” means the Family Court of the State of Delaware.
“Genetic Testing” means DNA testing that complies with 13 Del. C. §§ 8-501 et seq.
“Parenting Plan” means the schedule or plan, if any, attached as Schedule A, detailing custody and visitation arrangements.
[// GUIDANCE: Add or delete definitions to conform with the customized agreement.]
3. OPERATIVE PROVISIONS
3.1 Acknowledgment of Paternity
3.1.1 The Parties hereby affirmatively acknowledge that Father is the biological and legal parent of the Child.
3.1.2 Contemporaneously with the execution of this Agreement, the Parties shall complete and sign the statutory Acknowledgment of Paternity form prescribed by the Delaware Office of Vital Statistics (the “Paternity Form”) and shall cause the same to be notarized or witnessed as required by 13 Del. C. § 8-302.
3.1.3 Upon filing of the Paternity Form, Father’s name shall be placed on the Child’s birth certificate, and Father shall assume all parental rights and obligations under Delaware law.
3.2 Genetic Testing & Waiver
3.2.1 Right to Testing. Each Party acknowledges the statutory right to request Genetic Testing before signing the Paternity Form.
3.2.2 Waiver. By executing the Paternity Form absent a prior demand for Genetic Testing, each Party knowingly and voluntarily waives that right, except as provided in Section 3.3.
3.2.3 Post-Execution Testing. If either Party requests Genetic Testing within the rescission period of Section 3.3.1, such testing shall be completed at the requesting Party’s expense unless otherwise agreed in writing.
3.3 Revocation & Challenge Rights
3.3.1 Statutory Rescission. Either Party may rescind the Acknowledgment within sixty (60) days after the Effective Date or the date of the first court proceeding relating to the Child in which the Party is a participant, whichever occurs first, by (a) completing the State-approved rescission form, and (b) filing it with the Office of Vital Statistics and providing notice to the other Party.
3.3.2 Post-Rescission Challenge. After the rescission period, the Acknowledgment may be challenged only on the basis of fraud, duress, or material mistake of fact in accordance with 13 Del. C. § 8-307, and only within the timeframe prescribed therein.
3.3.3 Continuing Obligation. Unless and until a court of competent jurisdiction sets aside the Acknowledgment, Father remains legally obligated for support.
3.4 Child Support & Financial Responsibilities
3.4.1 Guideline Application. The Parties shall calculate child support in accordance with the Child Support Guidelines, using their respective incomes and allowable deductions as of the Effective Date.
3.4.2 Initial Support Order. Within [NUMBER] days after the Effective Date, the Parties shall (a) exchange current financial affidavits, and (b) either file a Consent Order with the Family Court or request an administrative order through DCSS reflecting the calculated support amount.
3.4.3 Adjustments. Support shall be subject to mandatory adjustment upon a material change in circumstances or as otherwise required by Rule 509.
3.4.4 Liability Cap. The Parties acknowledge that, under Delaware law, parental liability for support is governed exclusively by statute and is not subject to contractual limitation or waiver beyond what the Court may approve.
3.5 Custody, Visitation & Parenting Cooperation
3.5.1 Best Interests Standard. All custody and visitation decisions shall be made in the Child’s best interests, consistent with 13 Del. C. § 722.
3.5.2 Parenting Plan. The Parties agree to the Parenting Plan set forth in Schedule A, which may be modified by written agreement or Family Court order.
3.5.3 Access to Records. Each parent shall have equal access to the Child’s educational and medical records, unless restricted by court order.
3.5.4 Relocation Notice. A relocating parent shall provide [NUMBER] days’ prior written notice, subject to statutory requirements.
3.6 Birth Certificate & Notice to Vital Statistics
3.6.1 The Parties shall deliver an executed copy of the Paternity Form to the Office of Vital Statistics within [NUMBER] business days after execution.
3.6.2 The Parties shall cooperate with any additional documentation or fees required to amend the Child’s birth certificate.
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each Party represents that he or she is at least eighteen (18) years of age, not under guardianship, and competent to execute this Agreement.
4.2 Voluntariness. Each Party represents that this Agreement is entered into voluntarily, free from fraud, duress, or undue influence.
4.3 Full Disclosure. Each Party warrants that, before signing, he or she (a) had the opportunity to consult independent legal counsel, and (b) received full disclosure of the other Party’s identity and the legal consequences of paternity establishment.
4.4 Accuracy of Information. Each Party represents that all information provided in connection with this Agreement and the Paternity Form is true, complete, and accurate to the best of his or her knowledge and belief.
4.5 Survival. The representations and warranties in this Section 4 shall survive execution of the Agreement and filing of the Paternity Form.
5. COVENANTS & CONTINUING OBLIGATIONS
5.1 Cooperation. The Parties shall take all actions reasonably necessary to effectuate the purposes of this Agreement, including timely appearance at any administrative or court proceedings.
5.2 Notification of Proceedings. A Party initiating any legal proceeding concerning the Child shall provide written notice to the other Party within five (5) business days of filing.
5.3 Medical Insurance. The parent who can obtain employer-sponsored health insurance for the Child at a reasonable cost shall maintain such coverage and provide proof annually.
5.4 Educational Decisions. Major educational decisions shall be made jointly, absent exigent circumstances.
6. DEFAULT, ENFORCEMENT & REMEDIES
6.1 Events of Default. A “Default” occurs if either Party:
(a) Fails to comply with a child support order or payment obligation;
(b) Materially breaches a custody or visitation term;
(c) Violates Section 5 Covenants.
6.2 Notice & Cure. The non-defaulting Party shall provide written notice of Default specifying the breach. The defaulting Party shall have ten (10) days to cure monetary breaches and thirty (30) days to cure non-monetary breaches, unless an expedited remedy is required for the Child’s welfare.
6.3 Graduated Remedies.
(a) Support Enforcement. Upon uncured monetary Default, the non-defaulting Party may apply to DCSS or Family Court for wage garnishment, tax intercepts, or other statutory remedies.
(b) Custody Enforcement. The non-defaulting Party may file a Motion for Contempt or seek modification of the Parenting Plan.
(c) Attorney Fees. The prevailing Party in any enforcement action is entitled to reasonable attorney fees and costs, in the discretion of the Family Court.
7. RISK ALLOCATION
[// GUIDANCE: Indemnification is marked “not applicable” in the metadata. Nevertheless, the Family Court retains inherent authority to apportion costs and fees. Delete this section if not desired.]
7.1 No Contractual Indemnification. The Parties acknowledge that parental obligations imposed by statute cannot be waived or indemnified by private agreement.
7.2 Force Majeure. A Party’s temporary inability to exercise visitation or comply with non-monetary obligations due to events beyond reasonable control (e.g., natural disasters, public health emergencies) shall not constitute Default provided that prompt notice is given and reasonable efforts to resume compliance are undertaken.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and any dispute arising hereunder shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
8.2 Exclusive Forum. The Family Court of the State of Delaware shall have exclusive jurisdiction over all matters relating to this Agreement, the Acknowledgment, and the Child, except as otherwise conferred upon DCSS.
8.3 Arbitration. The Parties acknowledge that arbitration is not available for issues of paternity, custody, or child support under Delaware law; any attempt to arbitrate such matters is void.
8.4 Jury Trial Waiver. By operation of Delaware family law, matters of paternity, custody, and child support are heard without a jury.
8.5 Injunctive Relief. Either Party may seek expedited or injunctive relief from the Family Court to enforce support or protect the Child’s immediate welfare.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties, and, where required, approved by the Family Court.
9.2 Assignment. Parental rights and obligations are personal and may not be assigned.
9.3 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, legal representatives, and permitted assigns.
9.4 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force, and the unenforceable provision shall be modified to the minimum extent necessary to achieve its intent.
9.5 Entire Agreement. This Agreement, together with any schedules or exhibits, constitutes the entire agreement of the Parties with respect to its subject matter and supersedes all prior understandings.
9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures delivered electronically (e.g., via PDF or approved e-signature platform) are binding and effective.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| ________ | ________ |
| [MOTHER LEGAL NAME], Mother | Date: ________ |
| ________ | ________ |
| [FATHER LEGAL NAME], Father | Date: ________ |
NOTARIZATION / WITNESS
State of Delaware
County of ____
On this _ day of _, 20, before me, the undersigned Notary Public, personally appeared __ (Mother) and ___ (Father), 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.
Notary Public
My Commission Expires: ______
Schedule A
PARENTING PLAN
[Attach detailed custody and visitation schedule, holiday rotation, transportation arrangements, decision-making protocols, and communication guidelines.]
[// GUIDANCE: Tailor Schedule A to reflect the specific parenting arrangement. Consider including dispute-resolution mechanisms (e.g., mediation) for future parenting issues, recognizing that arbitration of custody matters is not permitted.]
Prepared for professional customization. Counsel should verify compliance with the latest Delaware statutes, Family Court rules, and administrative procedures before client execution.