VOLUNTARY PATERNITY AGREEMENT AND ACKNOWLEDGMENT
(State of Kansas)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Acknowledgment of Paternity
3.2 Genetic Testing (Optional)
3.3 Legal Custody, Parenting Time & Decision-Making
3.4 Child Support & Related Financial Obligations
3.5 Birth Certificate & Vital Records
3.6 Tax Matters
3.7 Life & Health Insurance
3.8 Conditions Precedent & Subsequent - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
THIS VOLUNTARY PATERNITY AGREEMENT AND ACKNOWLEDGMENT (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [MOTHER LEGAL NAME], an individual residing at [MOTHER ADDRESS] (“Mother”); and
• [FATHER LEGAL NAME], an individual residing at [FATHER ADDRESS] (“Father” and, together with Mother, the “Parents”).
RECITALS
A. The Parents are the biological parents, or assert that they are the biological parents, of the minor child:
• Child’s Full Name: [CHILD NAME]
• Date of Birth: [DOB]
• Place of Birth: [CITY, COUNTY, KS]
B. Pursuant to the Kansas Parentage Act (“KPA”) and 42 U.S.C. § 666(a)(5)(C), the Parents desire voluntarily to acknowledge the Father’s paternity, establish the Father’s legal status as a parent, and delineate the rights and duties attendant thereto.
C. The Parents intend that this Agreement, once executed and (where applicable) filed with the Kansas Department of Health and Environment, Division of Vital Statistics (“KDHE–VS”), shall constitute a legally enforceable determination of paternity and related obligations, subject to approval by the Kansas District Court, Family Division (the “Family Court”).
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parents agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below. Defined terms include the singular and plural and shall apply equally to male, female, and non-binary gender designations.
“Acknowledgment Form” means the Kansas Voluntary Acknowledgment of Paternity (VAP) Form prescribed by KDHE–VS (or any successor form).
“Child” means the minor identified in Recital A.
“Child Support Guidelines” means the Kansas Child Support Guidelines in effect as of the Effective Date, as amended from time to time.
“Family Court” has the meaning set forth in Recital C.
“Genetic Testing” means DNA or other scientifically accepted testing that establishes paternity with at least a 99% probability, conducted by an accredited laboratory.
“Parent” or “Parents” has the meaning set forth in the preamble.
“Parenting Plan” means the written schedule and decision-making framework attached hereto as Schedule 2 (if any).
[// GUIDANCE: Add additional defined terms as necessary for unique client circumstances and cross-reference consistently.]
3. OPERATIVE PROVISIONS
3.1 Acknowledgment of Paternity
3.1.1 Mutual Acknowledgment. Father hereby acknowledges that he is, and Mother affirms that Father is, the biological and legal parent of the Child.
3.1.2 Filing. Within five (5) business days after the Effective Date, the Parents shall jointly execute and submit the Acknowledgment Form to KDHE–VS.
3.1.3 Legal Effect. Upon proper filing, the Acknowledgment Form shall have the same force and effect as a judicial determination of paternity, subject to rescission or challenge only as permitted under the KPA.
3.2 Genetic Testing (Optional)
(a) Election. Either Parent may, by written notice delivered within [60] days after execution of this Agreement, demand Genetic Testing.
(b) Procedure; Costs. Testing shall be completed within [30] days of notice, using a laboratory accredited by the American Association of Blood Banks (AABB). The requesting Parent shall advance costs, subject to reallocation by the Family Court.
(c) Effect of Results.
(i) Exclusion of Paternity. A verified exclusion shall render this Agreement void ab initio, except for provisions concerning confidentiality and cost allocation.
(ii) Confirmation. A probability of paternity ≥ 99% shall conclusively establish Father’s paternity for all purposes herein.
[// GUIDANCE: Omit § 3.2 entirely if the parties have already completed testing or unequivocally waive it.]
3.3 Legal Custody, Parenting Time & Decision-Making
3.3.1 Custody. The Parents agree to [JOINT / SOLE] legal custody, subject to Family Court approval.
3.3.2 Parenting Time. Parenting time shall be governed by the Parenting Plan.
3.3.3 Major Decisions. The Parents shall [JOINTLY / ALLOCATE PER PARENTING PLAN] decide matters regarding education, non-emergency healthcare, and religious upbringing.
3.4 Child Support & Related Financial Obligations
(a) Guideline Calculation. Child support shall be calculated in accordance with the Child Support Guidelines. The worksheet attached as Schedule 1 (the “Support Worksheet”) reflects the parties’ current incomes and shall be incorporated herein.
(b) Payment. Father shall pay to Mother (or to the Kansas Payment Center, if wage withholding is in place) the sum of $[AMOUNT] per month, commencing on [START DATE] and continuing until modified or terminated by law.
(c) Wage Withholding. The Parents consent to immediate wage withholding under K.S.A. Chapter 23, Article 30, without further notice.
(d) Health Insurance. [PARENT] shall maintain health insurance for the Child, with uninsured medical/dental expenses allocated [PERCENTAGES].
(e) Annual Exchange of Financial Information. Each Parent shall, by April 15 annually, exchange tax returns, W-2s, and other documents reasonably necessary to verify income.
(f) Adjustments. Child support shall be reviewed every three (3) years, or sooner upon a 10% change in gross income lasting six (6) months or more.
3.5 Birth Certificate & Vital Records
Upon filing of the Acknowledgment Form, KDHE–VS shall issue an amended birth certificate listing Father as the Child’s legal father. The Parents shall bear any associated governmental fees equally.
3.6 Tax Matters
Unless otherwise agreed in writing or ordered by the Family Court, Mother shall claim the Child as a dependent for federal and state income-tax purposes. Father may claim the Child in alternating years provided he is current on support obligations as of December 31 of the relevant tax year.
3.7 Life & Health Insurance
Father shall name the Child as an irrevocable beneficiary of a life-insurance policy with a face amount of not less than $[FACE AMOUNT] and shall provide proof of coverage annually.
3.8 Conditions Precedent & Subsequent
(a) Precedent. Execution and filing of the Acknowledgment Form is a condition precedent to the enforceability of §§ 3.1 through 3.7.
(b) Subsequent. Compliance with support and custody provisions is a condition subsequent; a material breach may give rise to the remedies in Article 6.
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each Parent represents that he or she (a) is of legal age; (b) is not under guardianship, duress, or undue influence; and (c) has full legal capacity to enter into this Agreement.
4.2 Accuracy of Disclosures. All financial and personal information provided to the other Parent is true, complete, and accurate in all material respects.
4.3 No Conflicting Obligations. Execution of this Agreement does not violate any court order, contract, or legal duty owed to a third party.
4.4 Survival. The representations and warranties shall survive execution and filing of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. Each Parent shall execute all documents and take all actions reasonably necessary to effectuate the intent of this Agreement, including but not limited to signing additional forms required by KDHE–VS or the Family Court.
5.2 Non-Disparagement. The Parents shall refrain from disparaging one another in the presence of the Child or third parties.
5.3 Relocation Notice. A Parent intending to change residence more than 100 miles or across state lines shall provide at least 60 days’ prior written notice to the other Parent.
5.4 Confidentiality. Except as required by law, the Parents shall keep confidential all Genetic Testing results and financial information exchanged hereunder.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute an “Event of Default”:
(a) Failure to pay child support within ten (10) days after the due date;
(b) Material breach of custody or parenting-time provisions;
(c) Failure to maintain required insurance coverage.
6.2 Notice & Cure. A non-defaulting Parent shall provide written notice specifying the default. The defaulting Parent shall have:
(i) Five (5) days to cure a monetary default; or
(ii) Ten (10) days to cure a non-monetary default, unless the breach endangers the Child’s welfare, in which case remedies may be sought immediately.
6.3 Remedies.
(a) Statutory Remedies. The non-defaulting Parent may seek income withholding, contempt, interception of tax refunds, license suspension, and any other enforcement remedy provided under Kansas or federal law.
(b) Injunctive Relief. Either Parent may petition the Family Court for temporary, preliminary, or permanent injunctive relief to enforce support or custody provisions.
(c) Attorneys’ Fees. The prevailing party in any enforcement action shall be entitled to reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Indemnification. By directive of the Parties (see “Metadata”), no indemnity obligations are created herein.
7.2 Limitation of Liability. Each Parent’s financial exposure under this Agreement is limited to obligations arising from (i) child support; (ii) medical support; (iii) statutory enforcement costs; and (iv) court-awarded fees.
7.3 Force Majeure. A Parent’s non-performance under § 3.4 shall be excused to the extent directly caused by a Force Majeure Event (e.g., catastrophic illness, natural disaster) that demonstrably prevents payment; however, arrears shall accrue and remain enforceable upon cessation of the event.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to conflict-of-law principles.
8.2 Exclusive Forum. The Parents submit to the exclusive jurisdiction of the District Court of [COUNTY], Kansas, Family Division, for any proceeding arising out of or relating to this Agreement.
8.3 Arbitration. Family-law disputes are non-arbitrable in Kansas; therefore, no arbitration provision is included.
8.4 Jury Waiver. The Parents acknowledge that paternity, custody, and child-support matters are heard without a jury in Family Court, and each Parent knowingly waives any right to trial by jury that might otherwise apply.
8.5 Injunctive Relief. Nothing herein shall limit the Family Court’s authority to issue ex parte or emergency orders to protect the Child’s welfare or to enforce support obligations.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parents, and, where required, approved by the Family Court.
9.2 Assignment & Delegation. The rights and obligations of the Parents are personal and may not be assigned or delegated without prior written consent of the other Parent and approval of the Family Court.
9.3 Successors & Assigns. Subject to § 9.2, this Agreement shall be binding upon and inure to the benefit of the Parents and their respective heirs, personal 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 give maximal legal effect.
9.5 Integration. This Agreement, together with the Schedules hereto and the Acknowledgment Form, constitutes the entire understanding between the Parents regarding the subject matter and merges all prior negotiations.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts (including by electronic signature), each of which shall be deemed an original and all of which together constitute one instrument.
9.7 Interpretation. Headings are for convenience only and shall not affect interpretation. Words of one gender include all genders; words in the singular include the plural and vice versa.
9.8 Further Assurances. Each Parent shall execute and deliver such additional instruments and take such further actions as may be reasonably necessary to carry out the intent of this Agreement.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parents have executed this Agreement as of the Effective Date.
| Mother | Father |
|---|---|
| _______ | _______ |
| [MOTHER LEGAL NAME] | [FATHER LEGAL NAME] |
| Date: ______ | Date: ______ |
NOTARY ACKNOWLEDGMENT
State of Kansas )
County of ______ ) ss.
On this _ day of _, 20__, before me, a notary public in and for said state, personally appeared [MOTHER LEGAL NAME] and [FATHER LEGAL NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires: ____
SCHEDULE 1 – CHILD SUPPORT WORKSHEET
[Attach Kansas Child Support Worksheet with incomes, parenting-time adjustment, health-insurance credit, etc.]
SCHEDULE 2 – PARENTING PLAN (Optional)
[Attach detailed parenting-time schedule, holiday rotation, transportation responsibilities, dispute-resolution ladder, etc.]
[// GUIDANCE: Keep Schedules in editable format so practitioners can update the Worksheet and Parenting Plan without altering the main body. Ensure that numbers in § 3.4 mirror the Worksheet to avoid inconsistencies.]