VOLUNTARY PATERNITY AGREEMENT AND ACKNOWLEDGMENT

(Iowa Code Chapter 600B Compliant)

Table of Contents

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

This Voluntary Paternity Agreement and Acknowledgment (the “Agreement”) is entered into as of [Effective Date] (the “Effective Date”) by and between:

1. [Mother Legal Name], an individual residing at [Mother Address] (“Mother”); and
2. [Father Legal Name], an individual residing at [Father Address] (“Father”).

(Each, a “Party” and, collectively, the “Parties.”)

Recitals

A. Mother gave birth to [Child Full Legal Name] (the “Child”) on [Child DOB] in [County], Iowa.
B. The Parties are not married to each other, and no other man is presumed to be the Child’s father under Iowa Code § 600B.41A(3).
C. The Parties desire voluntarily and irrevocably to establish Father’s paternity consistent with Iowa Code §§ 600B.41 & 600B.41A and to set forth their respective rights and obligations regarding support, medical care, and related matters.
D. In consideration of the mutual promises and covenants herein, the adequacy and sufficiency of which are hereby acknowledged, the Parties agree as follows.

II. DEFINITIONS

For purposes of this Agreement, capitalized terms have the following meanings. Terms used but not defined herein shall have the meanings ascribed in the Iowa Code or Iowa Court Rules.

“Agreement” means this Voluntary Paternity Agreement and Acknowledgment, together with all Schedules and Exhibits, as the same may be amended.
“Affidavit” means the Iowa Affidavit of Paternity as prescribed by the Iowa Department of Health & Human Services (“HHS”) pursuant to Iowa Code § 600B.41A.
“Child Support Guidelines” or “Guidelines” means the Iowa child support guidelines promulgated under Iowa Code § 598.21B and Iowa Court Rule 9.
“Court” means the Iowa District Court, Family Division, in and for [County].
“DNA Test” means a genetic test conducted by a laboratory accredited by the American Association of Blood Banks (AABB) or other accrediting body recognized under Iowa Code § 600B.41.
“Effective Date” has the meaning set forth in the Document Header.
“Income Withholding Order” means an order required by Iowa Code § 252D.1 directing automatic withholding of support from the obligor’s income.
“Registrar” means the Iowa State Registrar of Vital Statistics.

[// GUIDANCE: Add additional defined terms as needed; keep alphabetical order.]

III. OPERATIVE PROVISIONS

3.1 Acknowledgment & Establishment of Paternity

3.1.1 The Parties shall complete, sign, and have notarized the Affidavit contemporaneously with the execution of this Agreement.

3.1.2 Within [5] business days after execution, Mother shall file the Affidavit with the Registrar. Upon filing, Father shall be recorded as the Child’s legal father and possess all attendant parental rights and responsibilities. Iowa Code § 600B.41A(5).

3.1.3 The Parties acknowledge that the filed Affidavit has the force and effect of a judicial determination of paternity and may be rescinded only in accordance with Iowa Code § 600B.41A(6).

3.2 Genetic Testing (Optional Prior to Execution)

3.2.1 Either Party may request a DNA Test before signing the Affidavit. The requesting Party shall provide written notice and cooperate in scheduling.

3.2.2 Test Costs. The requesting Party shall advance all costs; costs shall be reapportioned according to the test result:
 (a) If Father is confirmed as the biological father (probability ≥ 95%), Mother shall reimburse [50 %] of the test cost.
 (b) If Father is excluded, this Agreement automatically terminates, and Mother shall bear [100 %] of the cost.

3.2.3 Confidentiality. Test results shall be used solely for purposes permitted under Iowa Code § 600B.41 and shall remain confidential except as required by law.

3.3 Child Support

3.3.1 Support Obligation. Father shall pay child support in accordance with the Guidelines. The Parties shall complete an Iowa Child Support Guidelines Worksheet, attached as Schedule 1.

3.3.2 Payment Method. All payments shall be made through the Collection Services Center (“CSC”) via [income withholding / direct debit] and are subject to automatic Income Withholding Orders.

3.3.3 Adjustment. Support shall be reviewed every [24] months or upon a material change in circumstances, consistent with Iowa Code § 598.21C.

3.3.4 Liability Cap. Father’s financial liability is limited to the obligations expressly imposed under the Guidelines and Iowa law.

3.4 Medical Support & Insurance

(a) Health Insurance. Father shall provide for the Child’s medical, dental, and vision insurance if available at reasonable cost.
(b) Uncovered Expenses. Parties shall split unreimbursed medical expenses [pro rata by income / 50-50].

3.5 Custody & Parenting Time

[// GUIDANCE: Insert detailed Joint Legal Custody, Physical Care, and Parenting Schedule clauses or reference separate Parenting Plan Order.]

3.6 Vital Records Amendment

Mother and Father shall jointly execute any additional forms required by HHS to add Father’s name to the Child’s birth certificate.

3.7 Tax Dependency Exemption

[// GUIDANCE: Allocate the federal and state income-tax dependency exemption in compliance with IRS rules. Example:]
Father shall be entitled to claim the Child as a dependent in [even] tax years, provided he is current on all support as of December 31 of the applicable year.

IV. REPRESENTATIONS & WARRANTIES

4.1 Each Party represents and warrants that:
(a) Capacity. He or she is at least 18 years of age and has full legal capacity to execute this Agreement.
(b) Accuracy. All statements contained herein and in the Affidavit are true, correct, and complete to the best of that Party’s knowledge.
(c) No Prior Determination. No court has previously adjudicated the paternity of the Child.
(d) No Coercion. Execution of this Agreement is voluntary and not the result of duress, coercion, or undue influence.

4.2 Survival. The representations and warranties set forth in this Article IV shall survive the execution of this Agreement and the filing of the Affidavit.

V. COVENANTS & RESTRICTIONS

5.1 Cooperation. Each Party shall execute and deliver all documents and take all actions reasonably necessary to effectuate the purposes of this Agreement.

5.2 Address Updates. Each Party shall notify the other and CSC in writing within [10] days of any change in mailing address, phone number, or employment.

5.3 Non-Interference. Neither Party shall disparage the other to the Child or interfere with the Child’s relationship with the other Party.

5.4 Compliance. The Parties shall comply with all applicable federal and state laws, regulations, and court rules relating to paternity, support, and custody.

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute “Events of Default”:
(a) Failure to pay child support or medical support when due;
(b) Failure to maintain required insurance;
(c) Material breach of any covenant herein.

6.2 Notice & Cure. Upon default, the non-breaching Party shall give written notice specifying the default. The breaching Party shall have [15] days to cure monetary defaults and [30] days to cure non-monetary defaults, unless a shorter statutory period applies.

6.3 Remedies. Upon an uncured default, the non-breaching Party may pursue any remedy available at law or equity, including but not limited to:
• Entry of judgment for past-due support with statutory interest;
• Income withholding, tax intercept, license suspension, or contempt proceedings;
• Injunctive relief to enforce parenting time or medical support obligations.

6.4 Attorneys’ Fees. The Court may award the prevailing Party reasonable attorneys’ fees, court costs, and expenses incurred to enforce this Agreement.

VII. RISK ALLOCATION

7.1 Indemnification. Not applicable. No Party shall have an indemnity obligation to the other under this Agreement.

7.2 Limitation of Liability. Except for willful misconduct or as otherwise mandated by Iowa law, neither Party shall be liable for consequential, incidental, or punitive damages. Father’s monetary liability is capped at the support and expense obligations expressly provided herein or under Iowa law.

7.3 Force Majeure. A Party shall not be deemed in default for failure to perform if such failure is caused by acts of God, war, pandemic, or other events beyond the Party’s reasonable control; provided, however, that monetary support obligations are not excused.

VIII. DISPUTE RESOLUTION

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

8.2 Forum Selection. The Parties irrevocably submit to the exclusive jurisdiction of the Iowa District Court, Family Division, in and for [County].

8.3 Arbitration. Not available. The Parties expressly agree that disputes shall be resolved by the Court, and not by arbitration.

8.4 Jury Waiver. Jury trial is unavailable in family-law matters; each Party knowingly waives any right to trial by jury to the extent such right may exist.

8.5 Injunctive Relief. Nothing herein shall limit the Court’s authority to grant temporary or permanent injunctive relief, including but not limited to wage garnishment and license suspension, to enforce support obligations.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver of any provision of this Agreement is effective unless in writing and signed by both Parties and, if required, approved by the Court.

9.2 Assignment. No Party may assign, delegate, or transfer any rights or obligations under this Agreement without the prior written consent of the other Party and the Court.

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 invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to reflect the Parties’ intent.

9.5 Entire Agreement. This instrument, together with the Affidavit and any Schedules or Orders referenced herein, constitutes the entire agreement of the Parties regarding the 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, and all of which together constitute one instrument. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed originals.

X. EXECUTION BLOCK

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

NOTARIZATION

State of Iowa )
: ss
County of [____] )

On this ___ day of _, 20, before me, the undersigned Notary Public, personally appeared [Mother Legal Name] and [Father Legal Name], known to me (or proved to me on the basis of satisfactory evidence) 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 in and for the State of Iowa
My Commission Expires: ____

Schedule 1

Iowa Child Support Guidelines Worksheet
[// GUIDANCE: Attach the completed worksheet or leave placeholder for attorneys to insert once incomes are verified.]

[// GUIDANCE:
1. Ensure the Parties receive the “Parent’s Rights & Responsibilities” brochure required by HHS at the time of signing the Affidavit.
2. File a copy of this Agreement with the Court only if seeking incorporation into a support/custody order.
3. Review Iowa Code §§ 600B.41 & 600B.41A for rescission timelines (≤ 60 days) and contest procedures.
4. Verify the current Child Support Guidelines and update Schedule 1 accordingly.
5. Consider incorporating a detailed Parenting Plan as Exhibit A.
]