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Paternity Agreement
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VOLUNTARY PATERNITY ACKNOWLEDGMENT AGREEMENT

(State of Idaho)

[// GUIDANCE: This template is designed to satisfy Idaho’s voluntary paternity acknowledgment procedures while providing a robust contractual framework for child-related rights and obligations. Replace every bracketed placeholder before execution.]


TABLE OF CONTENTS

  1. Document Header
  2. Definitions
  3. Operative Provisions
    3.1 Acknowledgment of Paternity
    3.2 Genetic Testing
    3.3 Child Support & Related Financial Matters
    3.4 Parenting Time & Decision-Making Authority (Optional)
    3.5 Revocation & Challenge Rights
  4. Representations & Warranties
  5. Covenants & Restrictions
  6. Default & Remedies
  7. Risk Allocation
  8. Dispute Resolution
  9. General Provisions
  10. Execution Block

1. DOCUMENT HEADER

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

  1. [FULL LEGAL NAME OF MOTHER], residing at [ADDRESS] (“Mother”); and
  2. [FULL LEGAL NAME OF FATHER], residing at [ADDRESS] (“Father”).

Recitals

A. Child. The parties are the biological parents of [FULL LEGAL NAME OF CHILD], born [DATE OF BIRTH] in [CITY, COUNTY], Idaho (the “Child”).

B. Purpose. The parties desire to (i) voluntarily acknowledge Father’s paternity of the Child in accordance with Idaho’s Uniform Parentage Act and related regulations governing voluntary acknowledgments (collectively, the “Paternity Act”); (ii) establish Father’s parental rights and corresponding obligations; and (iii) provide for the Child’s financial support and general welfare.

C. Consideration. In consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.


2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Terms not defined herein shall have the meanings ascribed to them in the Paternity Act.

“Acknowledgment” – The fully executed, notarized, and filed voluntary acknowledgment of paternity contemplated under the Paternity Act.

“Child Support Guidelines” – The Idaho Child Support Guidelines promulgated by the Idaho Supreme Court, as amended from time to time.

“Court” – The state court of the State of Idaho having proper jurisdiction over family law matters, including the [COUNTY] County Magistrate Division of the District Court.

“Department” – The Idaho Department of Health & Welfare, Bureau of Vital Records & Health Statistics, or any successor agency.

“Genetic Test” – DNA testing that complies with the evidentiary standards established under the Paternity Act.

“Support Order” – A judicial or administrative order consistent with the Child Support Guidelines and Section 3.3.


3. OPERATIVE PROVISIONS

3.1 Acknowledgment of Paternity

a. Voluntary Declaration. Father hereby voluntarily and irrevocably (subject to Section 3.5) acknowledges that he is the biological and legal father of the Child.
b. Filing. Within [5] business days after full execution, the parties shall file the executed Acknowledgment with the Department in the manner prescribed by the Paternity Act.
c. Legal Effect. Upon proper filing, this Agreement and the Acknowledgment have the same force and effect as a judicial determination of paternity.

3.2 Genetic Testing

a. Right to Test. Father has been advised of his right to obtain a Genetic Test prior to signing this Agreement.
b. Election.
• Father [HAS / HAS NOT] obtained a Genetic Test.
• If not obtained, Father [ELECTS TO WAIVE / ELECTS TO COMPLETE WITHIN ___ DAYS] his right to Genetic Testing.
c. Allocation of Costs. Unless otherwise ordered, the party requesting a Genetic Test shall bear associated costs.

[// GUIDANCE: Idaho law requires parties be informed of the right to genetic testing; a documented waiver strengthens enforceability.]

3.3 Child Support & Related Financial Matters

a. Initial Support Obligation. Father shall pay child support in the amount of $[AMOUNT] per month, commencing [START DATE], in accordance with the Child Support Guidelines.
b. Payment Method. All payments shall be made through the Idaho Child Support Receipting Services (ICSS) unless the Court orders otherwise.
c. Adjustments & Reviews. Either party may seek modification in accordance with the Child Support Guidelines upon a material change in circumstances or upon the Child reaching designated age thresholds.
d. Medical Support.
i. Father shall maintain health insurance for the Child if available at reasonable cost through his employment.
ii. Mother and Father shall share unreimbursed medical expenses [PRO RATA BY INCOME / 50-50 / OTHER].
e. Tax Dependency. The parties agree that [MOTHER / FATHER / ALTERNATING YEARS] shall claim the Child as a dependent for federal and state income tax purposes, provided the claiming parent is current on all child support obligations on December 31 of the tax year.

3.4 Parenting Time & Decision-Making Authority (Optional)

[PLACEHOLDER: Insert detailed custody, visitation, holiday schedule, and decision-making provisions if desired. If omitted, statutory defaults apply.]

3.5 Revocation & Challenge Rights

a. Statutory Rescission Window. Either party may rescind the Acknowledgment by delivering a notarized rescission form to the Department within sixty (60) days of the Effective Date or before the first Court or administrative proceeding relating to the Child (whichever occurs first).
b. Post-Rescission Challenges. After the rescission window closes, a party may challenge the Acknowledgment only on the basis of fraud, duress, or material mistake of fact, and only within the time limits set forth in the Paternity Act.
c. Effect of Challenge. Pending final determination, the Acknowledgment remains in full force and effect, including all support obligations, unless the Court orders otherwise.


4. REPRESENTATIONS & WARRANTIES

Each party represents and warrants to the other that:

a. Capacity. He or she is at least eighteen (18) years of age and has full legal capacity to execute this Agreement.
b. No Prior Paternity Determination. No other individual has been judicially or administratively declared the father of the Child, and the Mother was not married to another person at the time of the Child’s conception or birth.
c. Accuracy of Information. All information provided herein and in the Acknowledgment is true, complete, and accurate to the best of the party’s knowledge.
d. Understanding of Rights. The party has been advised of, and understands, his or her legal rights and responsibilities arising from this Agreement, including the right to seek independent legal counsel and to request Genetic Testing.
e. Voluntary Execution. The party executes this Agreement voluntarily, without coercion, fraud, or duress.

The foregoing representations and warranties shall survive execution of this Agreement.


5. COVENANTS & RESTRICTIONS

a. Ongoing Cooperation. Each party shall execute and deliver such additional documents and take such further actions as may be reasonably necessary to effectuate the purposes of this Agreement (e.g., cooperating with birth certificate amendments).
b. Notification Obligations. Each party shall notify the other and the Department in writing within ten (10) days of any change of address, employment, or insurance coverage.
c. Non-Interference. Neither party shall impede or interfere with the other party’s lawful exercise of parental rights as set forth herein or by subsequent Court order.


6. DEFAULT & REMEDIES

a. Events of Default.
i. Failure by Father to pay support when due.
ii. Failure by either party to comply with material obligations under Sections 3.2, 3.3, or 5.
b. Cure Period. Except for non-payment of support (which is subject to immediate statutory remedies), the defaulting party shall have fifteen (15) days after written notice to cure any non-monetary default.
c. Remedies. Upon default and expiration of any applicable cure period, the non-defaulting party may:
• Seek enforcement through the Idaho Child Support Enforcement Program;
• Petition the Court for contempt, wage withholding, tax refund interception, or other statutory remedies; and
• Recover reasonable attorney fees and costs incurred in enforcing this Agreement.

[// GUIDANCE: Graduated remedies and statutory enforcement tools strengthen collectability of support while complying with Idaho procedure.]


7. RISK ALLOCATION

a. Indemnification. Not applicable; each party is individually responsible for his or her statutory duties.
b. Limitation of Liability. Except as expressly provided by law, a party’s monetary exposure under this Agreement is limited to (i) court-ordered child support, (ii) medical support, and (iii) related costs and fees awarded by the Court.
c. Force Majeure. A party’s failure to perform a non-monetary obligation (other than support) shall be excused during periods in which performance is prevented by events beyond that party’s reasonable control, provided prompt notice is given and diligent efforts are made to resume performance.


8. DISPUTE RESOLUTION

a. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho without regard to its conflict-of-laws principles.
b. Forum Selection. The parties submit to the exclusive jurisdiction of the state family courts of Idaho, including the [COUNTY] County Magistrate Division, for any dispute arising out of or relating to this Agreement.
c. Arbitration. The parties acknowledge that arbitration of paternity and support matters is not available under Idaho law.
d. Jury Waiver. Jury trial is not available in Idaho paternity or child support proceedings; therefore, no waiver is required.
e. Injunctive Relief. Nothing herein limits either party’s right to seek immediate injunctive or other equitable relief to enforce support obligations or to protect the Child’s welfare.


9. GENERAL PROVISIONS

a. Amendments & Waivers. No amendment or waiver of any provision of this Agreement is effective unless in writing signed by both parties and, where required, approved by the Court.
b. Assignment. No party may assign any rights or delegate any obligations under this Agreement, except that rights to receive child support may be assigned to the State of Idaho for enforcement purposes.
c. Successors & Assigns. This Agreement is binding upon and inures to the benefit of the parties and their respective heirs, legal representatives, and permitted assigns.
d. Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the Court is authorized to reform the Agreement to effectuate the parties’ intent.
e. Integration. This Agreement, together with the Acknowledgment and any exhibits, constitutes the entire understanding between the parties with respect to the subject matter and supersedes all prior agreements or understandings, whether written or oral.
f. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which constitute one and the same instrument. Signatures transmitted electronically (e.g., via PDF or verified e-signature platform) are deemed originals for all purposes.


10. EXECUTION BLOCK

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

Mother: [FULL LEGAL NAME]
Signature _________
Date _________
Father: [FULL LEGAL NAME]
Signature _________
Date _________

NOTARY ACKNOWLEDGMENTS

State of Idaho )
County of [COUNTY] )

On this ___ day of __, 20, before me, the undersigned Notary Public in and for said State, personally appeared [MOTHER’S NAME], known or identified to me (or proven on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same freely and voluntarily for the uses and purposes therein mentioned.


Notary Public for Idaho
Commission No.: __
My Commission Expires: ___

(Separate identical acknowledgment for Father)


[// GUIDANCE: After execution, file (i) this Agreement and (ii) the one-page statutory Acknowledgment of Paternity form with the Idaho Bureau of Vital Records & Health Statistics. Attach any Genetic Test results as Exhibit A and, if applicable, a detailed Parenting Plan as Exhibit B. Practitioners should review Idaho Code §§ 7-1001 et seq. and the current Child Support Guidelines to confirm compliance before filing.]

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