VOLUNTARY PATERNITY ACKNOWLEDGMENT AGREEMENT

Florida Family Law – Non-Marital Child
[// GUIDANCE: This template is designed for use when BOTH parents wish to establish paternity voluntarily in the State of Florida. Customize all bracketed items and attach any required state forms (e.g., DH-511) before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
   1. Establishment of Paternity
   2. Child Support Obligations
   3. Genetic Testing Option & Waiver
   4. Birth Certificate & Name
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title. Voluntary Paternity Acknowledgment Agreement (this “Agreement”).
2. Parties.
   a. Mother: [Full Legal Name], residing at [Address] (“Mother”).
   b. Father: [Full Legal Name], residing at [Address] (“Father”).
   c. Child: [Child’s Full Name], born [Date] in [County], Florida (the “Child”).
3. Effective Date. This Agreement becomes effective on the later of (a) the date all Parties sign below, or (b) the date of notarization (the “Effective Date”).
4. Governing Jurisdiction. State of Florida; venue exclusively in the Circuit Court, Family Division, of [COUNTY] County (the “Family Court”).

II. DEFINITIONS

“Acknowledgment” means the written, voluntary affirmation of paternity executed pursuant to Fla. Stat. § 742.10 and 42 U.S.C. § 666(a)(5)(D).
“Child Support Guidelines” means the statutory guidelines set forth in Fla. Stat. § 61.30, as amended.
“Department” means the Florida Department of Health, Bureau of Vital Statistics.
“Genetic Testing” means DNA testing performed by an accredited laboratory to a minimum probability of 99%.
“Rescission Period” means the sixty (60) days immediately following execution of this Agreement, during which either Party may rescind in accordance with Section VI.

[// GUIDANCE: Add additional defined terms as needed for parenting plans, timesharing, etc.]

III. OPERATIVE PROVISIONS

1. Establishment of Paternity

1.1 Voluntary Acknowledgment. Father hereby voluntarily acknowledges, and Mother concurs, that Father is the natural and legal father of the Child.
1.2 Legal Effect. Upon expiration of the Rescission Period, this Acknowledgment shall have the same force and effect as a judgment of paternity entered by the Family Court.

2. Child Support Obligations

2.1 Guideline Application. Father’s child-support obligation shall be calculated in accordance with the Child Support Guidelines based on the Parties’ respective net incomes.
2.2 Initial Support Order. Within thirty (30) days after the Effective Date, the Parties shall complete Florida Family Law Form 12.902(e) (Child Support Guidelines Worksheet) and submit it to the Family Court for issuance of an administrative or judicial support order.
2.3 Modification. Either Party may seek modification consistent with Fla. Stat. § 61.30 upon a substantial change in circumstances.

3. Genetic Testing Option & Waiver

3.1 Right to Testing. Each Party acknowledges the statutory right to request Genetic Testing before executing this Agreement.
3.2 Waiver. By signing below, both Parties knowingly and voluntarily waive the right to demand Genetic Testing, unless rescinded within the Rescission Period or ordered by the Family Court upon a later motion to set aside for fraud, duress, or material mistake of fact.

4. Birth Certificate & Name

4.1 Amendment. Mother shall submit this Agreement (or DH-511) to the Department within five (5) business days of the Effective Date to add Father’s name to the Child’s birth certificate.
4.2 Child’s Surname. The Child’s surname shall be [CHILD SURNAME] unless otherwise agreed in writing or ordered by the Family Court.

IV. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Party represents that he or she is at least eighteen (18) years of age, of sound mind, and not subject to any legal incapacity.
4.2 No Duress. Each Party warrants that this Agreement is entered into freely, voluntarily, and without coercion.
4.3 Accurate Information. All personal and financial information furnished in connection with this Agreement is true, correct, and complete in all material respects.
4.4 Legal Advice. Each Party acknowledges having been advised to seek independent legal counsel and either has done so or knowingly waives that right.
4.5 Survival. The representations and warranties in this Section IV survive execution and remain enforceable.

V. COVENANTS & RESTRICTIONS

5.1 Cooperation. The Parties shall execute all documents and take all actions reasonably necessary to give full effect to this Agreement, including attendance at any administrative intake session required by the Department.
5.2 Parenting Plan. Within ninety (90) days of the Effective Date, the Parties shall negotiate in good faith a written Parenting Plan compliant with Fla. Stat. § 61.13.
5.3 Non-Interference. Neither Party shall impede the other’s lawful access to court-ordered timesharing or contact with the Child absent a specific order of protection.
5.4 Notice of Address Change. Each Party shall provide the other written notice of any change of primary residence within ten (10) days.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
a. Failure to pay child support as ordered;
b. Material breach of any covenant in Section V;
c. Fraudulent misrepresentation relating to paternity.
6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have ten (10) days to cure monetary defaults and thirty (30) days to cure non-monetary defaults, unless an expedited remedy is required to protect the Child’s welfare.
6.3 Remedies.
i. Income withholding and other enforcement measures under 42 U.S.C. § 666 and Fla. Stat. § 61.13016;
ii. Civil contempt proceedings;
iii. Attorney’s fees and costs to the prevailing Party;
iv. Any other relief available at law or in equity.
6.4 Rescission Within 60 Days. Either Party may rescind this Agreement by delivering a notarized Notice of Rescission to the Department and the other Party within the Rescission Period, triggering administrative removal of Father’s name from the birth record.

VII. RISK ALLOCATION

7.1 Indemnification. Not applicable by agreement of the Parties.
7.2 Limitation of Liability. Except for statutory child-support and related obligations expressly assumed herein or imposed by law, neither Party shall be liable for consequential, punitive, or exemplary damages arising out of this Agreement.
7.3 Force Majeure. No delay or failure in performance (other than payment of child support) shall constitute a default if caused by events beyond the reasonable control of the affected Party, provided prompt notice is given and performance resumes as soon as practicable.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement and any dispute arising hereunder are governed by the laws of the State of Florida without regard to conflict-of-law principles.
8.2 Forum Selection. The Family Court shall have exclusive jurisdiction over all matters relating to this Agreement.
8.3 Arbitration. The Parties acknowledge that arbitration is not available or appropriate for paternity matters under Florida law; all disputes shall be resolved in the Family Court.
8.4 Jury Waiver. The Parties acknowledge that jury trials are not available in Florida family-law paternity proceedings.
8.5 Injunctive Relief. Nothing herein limits the Family Court’s authority to issue immediate orders to enforce child-support or parenting-time obligations.

IX. GENERAL PROVISIONS

9.1 Amendments & Waivers. Any amendment or waiver must be in a written instrument signed by both Parties and, where required, approved by the Family Court.
9.2 Assignment. Neither Party may assign or delegate rights or duties under this Agreement without prior written consent of the other Party and court approval.
9.3 Successors & Assigns. This Agreement binds and inures to the benefit of the Parties and their respective heirs, legal representatives, and permitted assigns.
9.4 Severability. If any provision is held invalid, the remaining provisions shall remain enforceable, and the invalid provision reformed to the minimum extent necessary to comply with law.
9.5 Integration. This Agreement constitutes the entire understanding of the Parties with respect to paternity acknowledgment and supersedes all prior discussions and agreements.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically or by facsimile are binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Voluntary Paternity Acknowledgment Agreement as of the Effective Date.

Mother

[Mother Name]
Date: _______

Father

[Father Name]
Date: _______

NOTARY ACKNOWLEDGMENT

State of Florida
County of ______

The foregoing instrument was acknowledged before me this ___ day of _, 20_, by [Mother Name] and [Father Name], who are personally known to me or have produced ______ as identification and who did/did not take an oath.

Notary Public, State of Florida
Name: ____
Commission No.: __
My Commission Expires: _

[// GUIDANCE: Florida requires notarization for the DH-511 form. Attach that form or incorporate its language if using this standalone Agreement.]

[// GUIDANCE: Attachments you may wish to include:
A. Florida DH-511 “Acknowledgment of Paternity” (completed but unsigned)
B. Child Support Guidelines Worksheet (Form 12.902(e))
C. Draft Parenting Plan (optional) ]