VOLUNTARY PATERNITY ACKNOWLEDGMENT AND PARENTING AGREEMENT
(State of Kentucky)
[// GUIDANCE:
1. This template is designed to accompany—but not replace—Kentucky’s official “Voluntary Acknowledgment of Paternity” form filed with the Office of Vital Statistics.
2. Customize all bracketed, ALL-CAPS placeholders.
3. Delete guidance comments prior to final execution.
]
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 Title. Voluntary Paternity Acknowledgment and Parenting Agreement (the “Agreement”).
1.2 Parties.
(a) “[FATHER LEGAL NAME]” (“Father”), residing at [FATHER ADDRESS];
(b) “[MOTHER LEGAL NAME]” (“Mother”), residing at [MOTHER ADDRESS]; and
(c) “[CHILD LEGAL NAME],” born [DATE OF BIRTH] in [COUNTY], Kentucky (the “Child”).
1.3 Effective Date. This Agreement is effective as of the last date of execution noted in Section 10 (the “Effective Date”).
1.4 Governing Law; Venue. Commonwealth of Kentucky substantive and procedural law governs this Agreement; exclusive venue lies in the [COUNTY] Circuit Court, Family Division (“Family Court”).
1.5 Recitals.
A. Father and Mother are the biological parents of the Child.
B. Both parties desire voluntarily to establish legal paternity in accordance with Kentucky Revised Statutes and federal requirements, to define parental rights and obligations, and to promote the Child’s best interests.
C. Consideration for this Agreement includes the mutual promises herein and the benefits accruing to each party and the Child.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set out below:
“Acknowledgment” means a “Voluntary Acknowledgment of Paternity” executed pursuant to 42 U.S.C. §666(a)(5) and Kentucky law and filed with the Kentucky Office of Vital Statistics.
“Child Support Guidelines” means the Kentucky Child Support Guidelines codified at KRS 403.212 (as amended).
“Genetic Test” means DNA testing performed by a laboratory accredited under 42 C.F.R. §34.3 or successor regulations.
“Guidelines Support” means the presumptive child-support obligation calculated under the Child Support Guidelines.
“Rescission Period” means the sixty-(60)-day period following execution of the Acknowledgment, during which either parent may rescind the Acknowledgment in accordance with applicable law.
3. OPERATIVE PROVISIONS
3.1 Establishment of Paternity.
(a) Father irrevocably acknowledges that he is the Child’s biological and legal father, subject only to the statutory Rescission Period and any permissible genetic-testing challenges set forth in Section 3.3.
(b) Father and Mother shall execute the Acknowledgment concurrently with—or immediately following—execution of this Agreement and shall cause it to be filed with the Office of Vital Statistics within ten (10) days thereafter.
3.2 Birth Certificate Amendment. Upon filing of the Acknowledgment, Mother authorizes the addition of Father’s name to the Child’s birth certificate. Father shall cooperate in any paperwork required to effectuate such amendment.
3.3 Genetic Testing.
(a) Right to Request. Either parent may request a Genetic Test before the earlier of (i) expiration of the Rescission Period or (ii) entry of a court order relating to paternity or child support.
(b) Testing Procedure. If requested, the parties shall obtain a Genetic Test from an accredited laboratory within thirty (30) days of written demand, with costs advanced by the requesting party and subject to reallocation by the Family Court.
(c) Effect of Results. A verified probability of paternity of at least 99% shall conclusively establish Father’s legal paternity unless set aside by the Family Court for good cause shown.
(d) Waiver. Failure to timely request a Genetic Test constitutes a knowing waiver of that right.
3.4 Child Support.
(a) Initial Calculation. Within fifteen (15) days after the Effective Date, the parties shall exchange income documentation and complete Kentucky Child Support Worksheet CS-71. Guidelines Support in the amount of $[DOLLAR AMOUNT] per month shall commence on [START DATE] and be payable via the Kentucky Child Support Enforcement Program.
(b) Adjustments. Support shall be reviewed every two (2) years or upon a 15% change in either party’s gross income.
(c) Additional Support. Father shall pay [PERCENTAGE]% of the Child’s reasonable and necessary uninsured medical, dental, optical, and extracurricular expenses within thirty (30) days of receiving documentation.
3.5 Medical Support. Father shall maintain health insurance for the Child if available through his employment at a reasonable cost as defined by 42 U.S.C. §1396g-1. [Optional alternative if unavailable: Mother maintains coverage; Father reimburses cost differential.]
3.6 Custody & Parenting Time.
(a) The parties acknowledge that legal custody and a detailed parenting-time schedule may be separately ordered by the Family Court.
(b) Until such time, the parties shall exercise parenting time by mutual agreement, prioritizing the Child’s best interests.
3.7 Tax Matters. For each tax year, the Child’s dependency exemption shall be claimed by [FATHER/MOTHER/ALTERNATING], provided that the claiming parent is current on child-support obligations as of December 31 of that year.
3.8 Conditions Precedent. The obligations set forth in Sections 3.4 and 3.5 are conditioned on the Acknowledgment being accepted for filing by the Office of Vital Statistics.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Representations. Each party represents and warrants that:
(a) he or she is at least 18 years of age, of sound mind, and under no legal disability;
(b) he or she has not executed any prior inconsistent paternity affidavit or agreement concerning the Child;
(c) the information provided in the Acknowledgment is true, complete, and accurate to the best of his or her knowledge;
(d) he or she has had the opportunity to consult independent legal counsel; and
(e) execution of this Agreement does not violate any court order or law.
4.2 Survival. The representations and warranties in this Section survive execution and remain in effect throughout the Child’s minority.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. Each party shall timely sign and deliver all documents and take such actions as are reasonably necessary to carry out the intent of this Agreement, including cooperation with the Cabinet for Health and Family Services if administrative enforcement becomes necessary.
5.2 Notice of Material Change. A party shall provide the other written notice within ten (10) days of any change in residence, employment, or income material to support determination.
5.3 Non-Interference. Neither party shall impede or interfere with the other’s lawful relationship with the Child, subject to any court-ordered limitations.
5.4 Confidentiality. The parties shall maintain confidentiality of the Child’s sensitive personal and medical information, disclosing such information only as legally required or with written consent.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute a default:
(a) failure to pay child support or medical support when due;
(b) willful refusal to comply with ordered genetic testing;
(c) material misrepresentation in the Acknowledgment or this Agreement.
6.2 Notice & Cure. The non-defaulting party shall give written notice specifying the default. The defaulting party has ten (10) days to cure monetary defaults and thirty (30) days to cure non-monetary defaults, unless a shorter period is mandated by law.
6.3 Remedies.
(a) Upon uncured default, the non-defaulting party may seek any and all remedies available under Kentucky law, including but not limited to wage withholding, contempt, interception of tax refunds, and liens on property.
(b) The Family Court retains continuing, exclusive jurisdiction to modify or enforce this Agreement.
(c) The prevailing party in any enforcement action is entitled to reasonable attorney fees and court costs.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable per Section ##Metadata: Indemnification = not_applicable.
7.2 Limitation of Liability. Each party’s financial liability under this Agreement is limited to obligations for child support, medical support, and related expenses as expressly provided herein or as may be ordered by the Family Court.
7.3 Force Majeure. A party’s failure to exercise parenting time due to events beyond reasonable control (e.g., natural disaster, military deployment, pandemic-related restrictions) is excused during the period of impossibility; however, monetary support obligations are not suspended absent court order.
8. DISPUTE RESOLUTION
8.1 Governing Law. Commonwealth of Kentucky.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the Family Court of [COUNTY], Kentucky.
8.3 Arbitration. Arbitration is unavailable for matters of paternity and child support under Kentucky law; any dispute shall be resolved in Family Court.
8.4 Jury Waiver. Family Court proceedings are tried to the bench; jury waiver is therefore noted by mutual acknowledgment.
8.5 Injunctive Relief. Nothing herein limits either party’s right to seek immediate injunctive or equitable relief—such as wage withholding or intercept orders—to enforce child-support obligations.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any amendment to this Agreement must (a) be in writing, (b) be signed by both parties, and (c) receive Family Court approval if required. No waiver of any provision constitutes a continuing waiver unless expressly stated in writing.
9.2 Assignment. This Agreement binds and inures to the benefit of the parties and their respective heirs and legal representatives. It may not be assigned or delegated without prior written consent and, where required, court approval.
9.3 Severability. If any provision is held unenforceable, the remaining provisions remain effective, and the invalid term shall be reformed to the minimum extent necessary to render it enforceable.
9.4 Entire Agreement. This Agreement, together with the executed Acknowledgment and any court-approved parenting-time schedule, constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior oral or written agreements.
9.5 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted via electronic means are binding to the same extent as originals.
9.6 Headings. Section headings are for convenience only and do not affect interpretation.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Voluntary Paternity Acknowledgment and Parenting Agreement as of the dates set forth below.
[FATHER’S SIGNATURE BLOCK]
[FATHER LEGAL NAME]
Date: _______
[NOTARY BLOCK—FATHER]
Commonwealth of Kentucky, County of __
Subscribed, sworn, and acknowledged before me by [FATHER LEGAL NAME] on _, 20.
Notary Public
My commission expires: _____
[MOTHER’S SIGNATURE BLOCK]
[MOTHER LEGAL NAME]
Date: _______
[NOTARY BLOCK—MOTHER]
Commonwealth of Kentucky, County of __
Subscribed, sworn, and acknowledged before me by [MOTHER LEGAL NAME] on _, 20.
Notary Public
My commission expires: _____
[OPTIONAL WITNESS LINES if required by local court rules]
Witness 1: ____
Witness 2: ____
[// GUIDANCE: File the notarized Acknowledgment with the Kentucky Office of Vital Statistics and retain certified copies. Provide a conformed copy of this Agreement to the Family Court contemporaneously with any support or custody action.]