VOLUNTARY PATERNITY ACKNOWLEDGMENT & PARENTING AGREEMENT
(Indiana – Private Supplement to State Form 49607)
[// GUIDANCE: This template is designed to be executed in addition to the official Indiana Voluntary Acknowledgment of Paternity (“VAP”) form (State Form 49607) required under Ind. Code § 16-37-2-2.1. Do not use this Agreement as a substitute for the statutory VAP. Attach a fully executed copy of the VAP as Exhibit A.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties.
This Voluntary Paternity Acknowledgment & Parenting Agreement (the “Agreement”) is entered into on [Effective Date] (the “Effective Date”) by and between:
a. [Mother’s Full Legal Name], an adult individual residing at [Mother’s Address] (“Mother”); and
b. [Father’s Full Legal Name], an adult individual residing at [Father’s Address] (“Father”).
Mother and Father are referred to collectively as the “Parties” and individually as a “Party.”
1.2 Child.
This Agreement concerns the minor child: [Child’s Full Legal Name], born on [DOB] in [Place of Birth] (the “Child”).
1.3 Recitals.
A. The Parties desire to voluntarily establish Father’s paternity of the Child pursuant to Indiana law, including Ind. Code § 16-37-2-2.1 and Ind. Code art. 31-14.
B. The Parties concurrently execute the official Indiana VAP (attached as Exhibit A).
C. The Parties wish to clarify their respective rights and obligations regarding the Child, including support, custody, and related matters, to minimize future disputes and promote the Child’s welfare.
D. Adequate consideration exists, including the mutual promises herein and the statutory benefits conferred by establishing paternity.
1.4 Governing Law & Jurisdiction.
This Agreement shall be governed by, construed, and enforced in accordance with the laws governing paternity and family relations in the State of Indiana (“Governing Law”). Exclusive jurisdiction and venue shall lie in the [County Name] Superior Court, Family Division (the “Family Court”).
2. DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings set forth below. Capitalized terms used but not defined elsewhere shall have the meanings assigned in this Section 2.
“Child Support Guidelines” means the Indiana Child Support Rules & Guidelines in effect on the date child support is calculated.
“Genetic Test” means DNA testing conducted in compliance with Ind. Code § 31-14-6-1 et seq.
“Parenting Time” means custodial and visitation periods as allocated under Section 3.4.
“Support Order” means any current or future order of the Family Court establishing child support consistent with Section 3.3.
“VAP” means the Indiana Voluntary Acknowledgment of Paternity (State Form 49607), properly executed and filed per Ind. Code § 16-37-2-2.1.
[// GUIDANCE: Add additional defined terms as needed to align with your parenting plan specifics.]
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment of Paternity.
a. Father affirms that he is the biological father of the Child.
b. The Parties have executed, or will execute concurrently, the VAP.
c. Upon filing of the VAP with the Indiana State Department of Health, Father shall be deemed the Child’s legal father with all attendant rights and obligations.
3.2 Revocation Window.
Either Party may rescind the VAP by completing the state-approved rescission form within:
i. Sixty (60) days after the date of the last signature on the VAP; or
ii. The date of a first court proceeding involving the child, whichever occurs earlier.
3.3 Child Support & Financial Responsibilities.
a. Initial Support Amount. Support shall be calculated under the Child Support Guidelines based on the Parties’ current incomes:
• Mother’s weekly gross income: [Insert Amount]
• Father’s weekly gross income: [Insert Amount]
[// GUIDANCE: Use the Indiana Child Support Calculator to generate Worksheet A and attach as Exhibit B.]
b. Payment Mechanics. Father shall remit support via the Indiana State Central Collection Unit (“INSCCU”) commencing [Start Date] and recurring on the [1st/15th] day of each month.
c. Health Insurance. Father shall maintain employer-provided health insurance for the Child if available at reasonable cost; otherwise Mother shall provide coverage. Uncovered medical expenses shall be allocated [Percentage Split].
d. Post-Secondary Education. The Parties shall confer in good faith regarding the Child’s educational expenses and, if unable to agree, submit the issue to the Family Court.
e. Liability Cap. Father’s financial liability under this Agreement is limited to obligations computed under the Child Support Guidelines and any court-ordered extraordinary expenses (“Liability Cap”).
3.4 Custody & Parenting Time.
a. Custody. The Parties agree to [Joint Legal Custody/Sole Legal Custody in Mother].
b. Parenting Time Schedule. The Parties adopt the Indiana Parenting Time Guidelines as amended, unless otherwise provided in [Exhibit C – Custom Schedule].
3.5 Genetic Testing (Optional or Contingent).
a. Either Party may request a Genetic Test before the expiration of the revocation window at the requesting Party’s expense.
b. If the Genetic Test excludes Father, the Parties shall cooperate to rescind the VAP and this Agreement shall be null and void.
3.6 Conditions Subsequent.
The effectiveness of Sections 3.1–3.4 is conditioned on:
i. Proper filing of the VAP; and
ii. Expiration of the statutory revocation period without valid rescission.
4. REPRESENTATIONS & WARRANTIES
4.1 Each Party represents and warrants that:
a. Capacity. He or she is of legal age, competent, and not subject to any legal disability.
b. No Fraud or Duress. Execution of this Agreement and the VAP is voluntary and free from fraud, duress, or undue influence.
c. Full Disclosure. All financial information provided for support calculations is accurate and complete in all material respects.
d. No Conflicting Agreements. No prior agreements conflict with or preclude the performance of this Agreement.
4.2 Survival. The representations and warranties shall survive execution and remain in effect until all obligations hereunder are fully performed.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants.
a. Cooperation. The Parties shall cooperate in obtaining amended birth records and in executing any documents reasonably necessary to effectuate this Agreement.
b. Notice of Material Change. Each Party shall promptly notify the other of changes in residence, employment, or income that may impact support or parenting time.
5.2 Negative Covenants.
Neither Party shall:
a. Interfere with the other Party’s lawful Parenting Time;
b. Remove the Child from Indiana for more than [Number] consecutive days without written consent or court order;
c. Disparage the other Party in the Child’s presence.
5.3 Cure Period. Upon breach of any covenant, the non-breaching Party shall provide written notice and a [10]-day opportunity to cure before seeking judicial relief.
6. DEFAULT & REMEDIES
6.1 Events of Default.
a. Failure to Pay Support within [14] days of due date;
b. Material breach of Sections 3.4 or 5;
c. Violation of any court order related to the Child.
6.2 Remedies.
a. Statutory Remedies. The non-defaulting Party may pursue statutory enforcement, including income withholding, tax refund intercepts, and license suspension.
b. Contempt. The Family Court may hold the defaulting Party in contempt and impose sanctions, including attorney’s fees.
c. Injunctive Relief. Immediate injunctive relief is available to enforce support obligations and protect the Child’s welfare, without the need to prove irreparable harm.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable by mutual agreement and as reflected in metadata.
7.2 Limitation of Liability. Except for willful misconduct or obligations expressly set forth herein, each Party’s liability is limited to the Liability Cap defined in Section 3.3(e).
7.3 Force Majeure. Temporary inability to comply with parenting-time exchange due to events beyond a Party’s reasonable control (e.g., severe weather, illness) shall not constitute default, provided prompt notice is given and make-up time is offered.
8. DISPUTE RESOLUTION
8.1 Governing Law. See Section 1.4.
8.2 Forum Selection. Exclusive venue lies in the Family Court.
8.3 Arbitration. The Parties acknowledge that arbitration is unavailable for paternity and child-related matters under Indiana law.
8.4 Jury Waiver. By operation of Indiana law, jury trials are not available in paternity or child support proceedings.
8.5 Mediation. Prior to filing any non-emergency motion, the Parties shall participate in [optional/mandatory] mediation with a mediator certified under Ind. Alternative Dispute Resolution Rule 7.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any modification must be in a written instrument signed by both Parties and, where required, approved by the Family Court. No waiver of any breach constitutes waiver of any subsequent breach.
9.2 Assignment. Neither Party may assign or delegate rights or obligations concerning the Child without court approval.
9.3 Successors & Assigns. This Agreement binds the Parties, their heirs, and legal representatives.
9.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full force, and the offending provision shall be reformed to the minimum extent necessary to be enforceable.
9.5 Integration. This Agreement, together with the VAP and any exhibits, constitutes the entire understanding between the Parties concerning the subject matter and supersedes all prior agreements.
9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) are binding.
9.7 Notices. All notices shall be in writing and delivered by certified mail, return receipt requested, or by reputable courier to the addresses set forth in Section 1.1, or such other address as a Party may designate in writing.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Mother | Father |
|---|---|
| _________ | _________ |
| [Mother’s Printed Name] | [Father’s Printed Name] |
| Date: ____ | Date: ____ |
NOTARY ACKNOWLEDGMENTS
State of Indiana )
County of _ ) ss:
Subscribed and sworn before me this ___ day of ____, 20__, by [Mother’s Name].
Notary Public
My Commission Expires: _
County of Residence: ____
State of Indiana )
County of _ ) ss:
Subscribed and sworn before me this ___ day of ____, 20__, by [Father’s Name].
Notary Public
My Commission Expires: _
County of Residence: ____
EXHIBIT LIST
• Exhibit A – Executed Indiana Voluntary Acknowledgment of Paternity (State Form 49607)
• Exhibit B – Indiana Child Support Worksheet A
• Exhibit C – Custom Parenting Time Schedule (if any)
[// GUIDANCE: Attach fully completed exhibits at execution. File the VAP with the Indiana State Department of Health within ten (10) days to ensure legal validity.]