VOLUNTARY PATERNITY ACKNOWLEDGMENT AGREEMENT

(GEORGIA) with the appropriate party-specific information and attach all required exhibits before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits & Schedules

1. DOCUMENT HEADER

1.1 Title.
Voluntary Paternity Acknowledgment Agreement (the “Agreement”).

1.2 Parties.
(a) “[NAME OF MOTHER],” an individual residing at [ADDRESS] (“Mother”); and
(b) “[NAME OF ACKNOWLEDGED FATHER],” an individual residing at [ADDRESS] (“Father”).
Mother and Father are sometimes referred to individually as a “Party” and collectively as the “Parties.”

1.3 Child.
This Agreement concerns the minor child:
Name: [CHILD’S FULL LEGAL NAME]
Date of Birth: [DOB]
Place of Birth: [HOSPITAL/CITY/COUNTY, GA] (“Child”).

1.4 Effective Date.
This Agreement is effective on the later of: (i) the date of last signature below, or (ii) the date notarized acknowledgment is filed with the Georgia State Office of Vital Records (the “Effective Date”).

1.5 Governing Law & Jurisdiction.
This Agreement is governed by the laws of the State of Georgia (without regard to conflicts principles) and subject to the exclusive jurisdiction of the [NAME OF COUNTY] Superior Court, Family Division (the “Family Court”).

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below:

“Administrative Order” means any order issued by the Georgia Division of Child Support Services (“DCSS”) pertaining to support, medical insurance, or arrearage.

“Acknowledgment” means the voluntary acknowledgment of paternity executed pursuant to O.C.G.A. § 19-7-46.1.

“Child Support Guidelines” means the Georgia Child Support Guidelines codified at O.C.G.A. § 19-6-15.

“Genetic Test” means a DNA test that meets the standards of 42 U.S.C. § 666(a)(5)(F).

“Rescission Period” means the 60-day statutory period during which an Acknowledgment may be rescinded pursuant to O.C.G.A. § 19-7-46.1(e)(2).

Other capitalized terms are defined where first used.

3. OPERATIVE PROVISIONS

3.1 Voluntary Acknowledgment of Paternity.
(a) Father hereby voluntarily and irrevocably (subject to Section 6.1) acknowledges that he is the biological and legal father of the Child.
(b) Mother concurs in and consents to Father’s acknowledgment.
(c) The Parties shall execute the State-approved Georgia Acknowledgment of Paternity Affidavit (Georgia DPH form) contemporaneously with this Agreement and shall cause the original to be filed with the State Office of Vital Records within ten (10) days of execution.

Practitioner Note: Verify the current form designation with the Georgia Department of Public Health, as form numbers and titles may be updated periodically.

3.2 Legal Effect.
Upon expiration of the Rescission Period, the Acknowledgment has the same force and effect as a judicial order of paternity. See O.C.G.A. § 19-7-46.1(d).

3.3 Child Support.
(a) Calculation. Child support shall be calculated in accordance with the Child Support Guidelines using the Parties’ gross incomes as set forth in Schedule 1 attached hereto.
(b) Immediate Duty. Father’s duty to support the Child begins on the Effective Date.
(c) Administrative Enforcement. The Parties consent to immediate income withholding and other administrative enforcement mechanisms permitted under Georgia law.

3.4 Genetic Testing (Optional).
(a) Either Party may, at his or her sole expense, request a Genetic Test before the end of the Rescission Period.
(b) If the Genetic Test excludes Father as the biological father, the Parties shall jointly execute a rescission of the Acknowledgment, and this Agreement shall be null and void.

3.5 Custody & Visitation.

3.6 Medical Support and Insurance.
Father shall obtain and maintain health insurance coverage for the Child consistent with Section 5-2(B) of the Child Support Guidelines Worksheet, unless otherwise provided in a subsequent order.

3.7 Birth Certificate Amendment.
Upon filing of the Acknowledgment, the State Office of Vital Records shall add Father’s name to the Child’s birth certificate.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations. Each Party represents and warrants to the other that:
(a) Authority. He or she has full legal capacity to execute and perform under this Agreement.
(b) No Conflicts. Execution and performance do not violate any court order, agreement, or law.
(c) Disclosure. All information provided for child support calculation is complete and accurate.
(d) No Coercion. This Agreement is executed voluntarily, without fraud, duress, or undue influence.

4.2 Survival. The representations and warranties in this Section survive execution and remain in effect unless modified by court order.

5. COVENANTS & RESTRICTIONS

5.1 Future Cooperation. The Parties shall promptly execute any additional documents reasonably necessary to effectuate the intent of this Agreement, including DCSS applications or court-required affidavits.

5.2 Notice of Material Change. Within ten (10) days of any material change in employment, income, address, or health-insurance availability, the affected Party shall provide written notice to the other Party and to DCSS.

5.3 Non-Interference. Neither Party shall interfere with the other’s lawful exercise of parental rights awarded by any subsequent order.

6. DEFAULT & REMEDIES

6.1 Rescission.
(a) A Party may rescind the Acknowledgment by delivering a notarized rescission form (Form Paternity Rescission) to the State Office of Vital Records within the Rescission Period.
(b) After the Rescission Period, a Party may challenge paternity only on the basis of fraud, duress, or material mistake of fact and must do so in the Family Court within the time limits of O.C.G.A. § 19-7-46.1(e)(3).

6.2 Events of Default.
(a) Failure to Pay Court-Ordered Support.
(b) Failure to Provide Required Insurance.
(c) Violation of Custody/Visitation Orders.

6.3 Remedies.
(a) Statutory Remedies. The non-defaulting Party may seek any remedy available under Titles 19 and 20 of the O.C.G.A., including contempt, wage garnishment, tax refund interception, license suspension, and incarceration.
(b) Attorney’s Fees. The defaulting Party shall pay the reasonable attorney’s fees and costs incurred by the non-defaulting Party in enforcing this Agreement or any related order.
(c) Cumulative. Remedies are cumulative and not exclusive.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable. Nothing herein shall be construed as creating an indemnity between the Parties.

7.2 Limitation of Liability. Except for child support obligations, neither Party shall be liable to the other for consequential, punitive, or special damages arising from this Agreement.

7.3 Force Majeure. A Party’s temporary inability to comply due to acts of God, war, pandemic, or governmental order shall suspend performance only to the extent and for the duration of the force-majeure event, provided the Party gives prompt written notice and makes reasonable efforts to resume performance.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by Georgia statutory and common law relating to paternity, child support, and child custody.

8.2 Forum Selection. All proceedings shall be filed exclusively in the Family Court.

8.3 Arbitration. Not available. The Parties acknowledge that issues of paternity and child support are non-arbitrable under Georgia public policy.

8.4 Jury Waiver. Not applicable—family-law matters are heard without a jury.

8.5 Injunctive Relief. The Family Court retains authority to enter immediate orders for support enforcement, custody, or other equitable relief as necessary to protect the Child’s best interests.

9. GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement, the executed Acknowledgment, and the exhibits comprise the entire agreement of the Parties on the subject matter and supersede all prior discussions.

9.2 Amendment & Waiver. Any amendment must be in writing, signed by both Parties, and, where required, approved by the Family Court. No waiver of a breach is a waiver of any subsequent breach.

9.3 Assignment. Neither Party may assign, delegate, or transfer any rights or obligations hereunder without prior written consent of the other Party and approval of the Family Court.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to be enforceable.

9.5 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, legal representatives, and permitted assigns.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures delivered via facsimile, PDF, or approved e-signature platform constitute originals for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates written below.

Mother:
_______________________________
[NAME OF MOTHER]
Date: __________________________

Father:
_______________________________
[NAME OF FATHER]
Date: __________________________

NOTARY PUBLIC
State of Georgia, County of ____________
Subscribed and sworn before me on ____________________, 20____.
_______________________________
Notary Public
Commission Expires: ___________

11. EXHIBITS & SCHEDULES

Schedule 1 – Child Support Worksheet (CS-Worksheet & Schedule E)
Exhibit A – Georgia Acknowledgment of Paternity Affidavit (Georgia DPH form)
Exhibit B – Optional Genetic Testing Request Form
Exhibit C – Draft Parenting Plan (if applicable)

[End of Document]