VOLUNTARY PATERNITY ACKNOWLEDGMENT & PARENTING AGREEMENT

(Governing Law: State of Hawaiʻi – Uniform Parentage Act, Haw. Rev. Stat. ch. 584)

[// GUIDANCE: This template is drafted for voluntary establishment of paternity in Hawaiʻi. It is intended for use when both biological parents agree to acknowledge paternity outside of contested court proceedings. The document is designed to be filed with the Hawaiʻi Department of Health and/or the Family Court as appropriate. Delete or tailor bracketed language to suit the specific matter.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Establishment of Paternity
   3.2 Genetic Testing (Optional)
   3.3 Child Support & Financial Responsibilities
   3.4 Custody, Visitation & Parenting Time
   3.5 Health Care & Insurance
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Voluntary Paternity Acknowledgment & Parenting Agreement (“Agreement”), dated as of [EFFECTIVE DATE] (the “Effective Date”), by and between:

• [MOTHER FULL LEGAL NAME], residing at [ADDRESS] (“Mother”);
• [FATHER FULL LEGAL NAME], residing at [ADDRESS] (“Father”); and
• [CHILD FULL LEGAL NAME], born [DOB] in [CITY/COUNTY], Hawaiʻi (“Child”)—named herein solely for identification and without creating contractual obligations.

Recitals
A. The parties desire voluntarily to establish the legal parent-child relationship between Father and Child pursuant to Haw. Rev. Stat. ch. 584 and the federal requirements of 42 U.S.C. § 666(a)(5).
B. The parties wish to set forth their respective rights, duties, and obligations concerning Child’s support, care, custody, and welfare.
C. Consideration for this Agreement includes the mutual covenants herein and the parties’ reliance upon the enforceability of this instrument in any proceeding before the Family Court of the First Circuit, State of Hawaiʻi (or such other circuit as has jurisdiction).

NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the parties agree as follows:

2. DEFINITIONS

Unless the context requires otherwise, the following capitalized terms have the meanings set forth below and apply throughout this Agreement:

“Agreement” has the meaning stated in the Document Header.

“Child Support Guidelines” means the Hawaiʻi Child Support Guidelines in effect on the date calculation is made, as promulgated by the Hawaiʻi Family Court and amended from time to time.

“Custody” means both legal custody (decision-making authority) and physical custody (residential schedule) of Child.

“Genetic Test” means a DNA test conducted by a laboratory accredited by the American Association of Blood Banks (AABB) or successor organization, with a probability of paternity of at least 99.0 percent.

“Party” or “Parties” means Mother and/or Father as the context indicates.

“Rescission Period” has the meaning set forth in Section 3.1(c).

3. OPERATIVE PROVISIONS

3.1 Establishment of Paternity

a) Acknowledgment. Father and Mother hereby voluntarily acknowledge that Father is the natural and legal parent of Child. This acknowledgment (i) constitutes a legal finding of paternity when filed with the Hawaiʻi Department of Health, Vital Records Section, and (ii) is equivalent to a court order of paternity after expiration of the Rescission Period.

b) Filing. Within five (5) business days after execution, the Parties shall jointly file a completed “Voluntary Establishment of Paternity by Parents” (DOE-VS 125 or its successor form) with the Department of Health. A conformed copy shall be lodged with the Family Court.

c) Rescission. Either Party may rescind this acknowledgment within sixty (60) calendar days after the latest signature date (the “Rescission Period”) by completing and filing the applicable rescission form with the Department of Health. After the Rescission Period, this acknowledgment may be challenged only on the basis of fraud, duress, or material mistake of fact, and only within the time limits prescribed by Haw. Rev. Stat. ch. 584.

d) Birth Certificate Amendment. Upon filing, the Department of Health shall amend Child’s birth certificate to list Father as Child’s legal parent.

3.2 Genetic Testing (Optional)

a) Request for Testing. Either Party may, before the end of the Rescission Period, demand a Genetic Test at that Party’s sole expense.

b) Procedure. The Parties shall cooperate in scheduling sample collection within ten (10) business days of a written request. Test results shall be shared simultaneously with both Parties.

c) Effect of Results. If the Genetic Test excludes Father, this Agreement shall be null and void ab initio upon written notice to the other Party and the Department of Health. If the Test confirms paternity, Father shall remain bound by this Agreement.

[// GUIDANCE: Delete Section 3.2 in its entirety if both Parties waive genetic testing.]

3.3 Child Support & Financial Responsibilities

a) Guideline Support. Commencing on the Effective Date, Father shall pay child support in the amount of [$____ per month] calculated under the Child Support Guidelines, adjusted annually or upon material change in circumstances.

b) Method of Payment. Payments shall be made via the Child Support Enforcement Agency (“CSEA”) wage-withholding system unless waived in writing by Mother and approved by CSEA.

c) Health Insurance. Father shall maintain comprehensive medical, dental, and vision insurance for Child so long as such coverage is reasonably available through Father’s employment at a cost not exceeding [__]% of Father’s gross monthly income.

d) Extraordinary Expenses. The Parties shall share Child’s reasonable extracurricular, educational, and uninsured medical expenses [% Mother / % Father], with reimbursement due within thirty (30) days of receipt of documentation.

e) Limitation of Liability. Father’s financial liability under this Agreement is capped at statutory child support obligations, medical insurance premiums, and expenses expressly assumed herein.

3.4 Custody, Visitation & Parenting Time

a) Custody. The Parties agree to [joint / sole] legal custody. Physical custody shall be as set forth in [Attachment A – Parenting Plan].

b) Parenting Time. Unless otherwise agreed in writing, parenting exchanges shall occur at [location] at [times]. Holiday and vacation schedules are outlined in Attachment A.

c) Relocation. A Party relocating outside the State of Hawaiʻi for more than thirty (30) consecutive days shall provide at least sixty (60) days’ written notice to the other Party and file notice with the Family Court pursuant to applicable rules.

3.5 Health Care & Insurance

a) Access to Records. Both Parties shall have equal access to Child’s medical and dental records.

b) Decision-Making. Non-emergency major medical decisions require mutual written consent. In emergencies, the parent with physical custody at the time may act unilaterally and shall notify the other Party as soon as practicable.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Party represents that: (i) the Party has full legal capacity and authority to enter into and perform this Agreement; (ii) execution does not violate any court order or prior agreement; and (iii) no other individual claims paternity of Child.

4.2 Accuracy. All information provided in connection with this Agreement is true, correct, and complete in all material respects.

4.3 Survival. The representations and warranties in this Section 4 shall survive execution and filing of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Compliance. The Parties shall comply with all applicable federal and state laws, regulations, and court rules regarding child support, custody, and paternity.

5.2 Non-Disparagement. Each Party shall refrain from making disparaging remarks about the other Party in the presence of Child.

5.3 Notice of Proceedings. A Party receiving notice of any legal proceeding that could affect the rights or obligations under this Agreement shall notify the other Party within five (5) calendar days.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute a default: (a) failure to pay child support when due; (b) willful violation of custody provisions; (c) misrepresentation of material fact.

6.2 Cure Period. Except for failure to pay support (which is subject to immediate enforcement), the defaulting Party shall have ten (10) calendar days after written notice to cure.

6.3 Remedies. Upon default, the non-defaulting Party may seek:
i) Income withholding orders through CSEA;
ii) Contempt or enforcement proceedings in Family Court;
iii) Reasonable attorney’s fees and costs.

6.4 Cumulative Rights. Remedies are cumulative and not exclusive.

7. RISK ALLOCATION

7.1 Indemnification. None. Each Party bears its own risks; no Party shall indemnify the other.

7.2 Limitation of Liability. Except for willful misconduct or as otherwise mandated by law, no Party shall be liable for consequential or punitive damages; liability is limited to obligations expressly stated herein.

7.3 Force Majeure. A Party’s temporary inability to comply due to events beyond reasonable control (e.g., natural disasters) shall not constitute default, provided the Party promptly notifies the other and resumes performance as soon as reasonably practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by and construed in accordance with the substantive laws of the State of Hawaiʻi, without regard to conflict-of-laws principles.

8.2 Forum Selection. The Family Court of the State of Hawaiʻi having jurisdiction over Child shall be the exclusive forum for any dispute arising under this Agreement.

8.3 Arbitration. Not available. The Parties expressly reserve all issues to the Family Court.

8.4 Jury Waiver. Inapplicable; Family Court proceedings are non-jury.

8.5 Injunctive Relief. The Family Court shall retain authority to issue immediate orders to enforce support and custody provisions.

9. GENERAL PROVISIONS

9.1 Amendments. Any amendment must be in a written instrument signed by both Parties and, where required, approved by the Family Court.

9.2 Waiver. No waiver of any breach shall be deemed a waiver of subsequent breaches.

9.3 Assignment. Rights and obligations hereunder are personal and non-assignable, except as to wage assignments for child support.

9.4 Severability. If any provision is held invalid, the remaining provisions remain enforceable to the fullest extent permitted.

9.5 Integration. This Agreement constitutes the entire agreement of the Parties regarding paternity, custody, and support, superseding all prior understandings.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, including by electronic signature, each of which is deemed an original.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first above written.

NOTARY ACKNOWLEDGMENT (State of Hawaiʻi)
On this _ day of _, 20_, before me, the undersigned Notary Public, personally appeared ___ and ______, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.

Signature: ____
Print Name: ____
My commission expires: ____

[Seal]

[// GUIDANCE:
1. Attach any required Parenting Plan or financial worksheets as exhibits.
2. File the notarized Agreement and the completed state acknowledgment form with the Department of Health.
3. Provide a conformed copy to CSEA to activate wage withholding.
4. Calendar the annual review date for child support recalculation.]