VOLUNTARY PATERNITY ACKNOWLEDGMENT

AND PARENTAL OBLIGATIONS AGREEMENT

(State of Louisiana)

[// GUIDANCE: This template is drafted to comply with Louisiana law governing voluntary paternity acknowledgment (commonly executed via the “Acknowledgment of Paternity Affidavit”) and related child-support provisions. It is intended for use by licensed attorneys only and must be customized for the specific facts of each matter.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Voluntary Acknowledgment of Paternity
   3.2 Recordation & Vital Records Filing
   3.3 Genetic Testing Procedures
   3.4 Legal Custody & Visitation
   3.5 Child Support Obligations
   3.6 Health Insurance & Extraordinary Medical Expenses
   3.7 Education, Religion & Parenting Cooperation
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation & Liability Cap
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

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

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

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

RECITALS

A. The Parties are the biological parents of [Child’s Full Legal Name], born on [DOB] in [Parish], Louisiana (the “Child”).
B. The Parties desire to voluntarily and irrevocably acknowledge Father’s paternity, to establish their respective parental rights and obligations, and to provide for the Child’s welfare in accordance with Louisiana law, including but not limited to Title 9 of the Louisiana Revised Statutes and the Louisiana Child Support Guidelines set forth in La. Rev. Stat. § 9:315 et seq.
C. In consideration of the mutual promises 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 shall have the meanings set forth below. Defined terms appear alphabetically and apply equally to singular and plural forms.

“Acknowledgment Form” means the official Louisiana “Acknowledgment of Paternity Affidavit” (or any successor form) issued by the Louisiana Vital Records Registry.

“Child Support Guidelines” means the Louisiana Child Support Guidelines codified at La. Rev. Stat. § 9:315 et seq., as amended from time to time.

“Court” means the [Parish] Juvenile or District Court exercising family jurisdiction pursuant to state_family_court designation.

“Genetic Test” means a DNA-based parentage test administered by an accredited laboratory in compliance with all applicable accreditation standards (e.g., AABB) and Louisiana law.

“Support Enforcement Services” means the Child Support Enforcement section of the Louisiana Department of Children and Family Services (“DCFS”) or any successor agency.

3. OPERATIVE PROVISIONS

3.1 Voluntary Acknowledgment of Paternity

(a) Father hereby voluntarily and irrevocably acknowledges that he is the biological and legal father of the Child.
(b) The Parties shall contemporaneously execute the Acknowledgment Form before a Louisiana notary public and two (2) adult witnesses, and shall cause the same to be filed with the Louisiana Vital Records Registry within ten (10) calendar days after the Effective Date.
(c) Upon filing, Father shall be deemed the Child’s legal father for all purposes under Louisiana law, subject only to the limited rescission rights provided by statute.

[// GUIDANCE: Louisiana permits rescission of an acknowledgment within 60 days of signing or before a first court hearing, whichever occurs first. Consider advising the client regarding potential deadlines.]

3.2 Recordation & Vital Records Filing

The Parties shall cooperate to:
(i) complete any hospital or post-hospital filing procedures;
(ii) pay all applicable filing fees; and
(iii) obtain amended birth records naming Father.

3.3 Genetic Testing Procedures

(a) Either Party may, at his or her sole expense, request a Genetic Test prior to executing the Acknowledgment Form.
(b) Should either Party request a Genetic Test, execution and filing of the Acknowledgment Form shall be suspended pending written laboratory results.
(c) If the Genetic Test excludes Father, this Agreement shall be null and void ab initio.

3.4 Legal Custody & Visitation

(a) The Parties acknowledge that custody determinations are subject to the “best interests of the child” standard under Louisiana Civil Code art. 131 et seq.
(b) Unless and until modified by written agreement or court order, the Parties agree to [Joint Legal Custody] with [Mother/Father] designated as the domiciliary parent.
(c) A parenting schedule is attached as Exhibit A and incorporated herein.

3.5 Child Support Obligations

(a) Father shall pay child support in the amount of $[Amount] per month, commencing on [Start Date], in accordance with the Child Support Guidelines.
(b) The Parties acknowledge that the Court retains continuing jurisdiction to modify support consistent with La. Rev. Stat. § 9:311.
(c) Payments shall be made via income assignment through Support Enforcement Services unless the Parties mutually elect direct pay in writing.
(d) Past-due support shall accrue interest at the statutory rate and may be enforced through wage garnishment, interception of tax refunds, and any other remedies available under Louisiana law.

3.6 Health Insurance & Extraordinary Medical Expenses

(a) Father shall maintain major medical and dental insurance for the Child so long as coverage is reasonably available through his employment at a reasonable cost (not exceeding 5% of gross income).
(b) Uninsured extraordinary medical, dental, orthodontic, vision, and psychological expenses shall be divided [Percentage Split, e.g., 50/50] and reimbursed within thirty (30) days after presentment of documentation.

3.7 Education, Religion & Parenting Cooperation

(a) The Parties shall confer on major educational and religious decisions affecting the Child.
(b) Each Party shall foster the Child’s relationship with the other Party and shall not demean or disparage the other Party in the Child’s presence.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations
Each Party represents and warrants to the other that:
(a) he or she has read this Agreement in its entirety, understands its legal effect, and enters into it voluntarily;
(b) he or she has had the opportunity to consult independent counsel;
(c) no bankruptcy or other legal proceeding limits his or her ability to perform hereunder; and
(d) no prior court order or agreement conflicts with the provisions of this Agreement.

4.2 Survival
All representations and warranties shall survive execution and remain in effect to the fullest extent permitted by law.

5. COVENANTS & RESTRICTIONS

5.1 Further Assurances
Each Party shall execute and deliver any additional documents and take all further actions reasonably necessary to effectuate the purposes of this Agreement.

5.2 Relocation
Prior to any relocation of the Child’s principal residence outside a 75-mile radius, the relocating Party shall provide written notice in compliance with La. Rev. Stat. § 9:355.1 et seq. and shall obtain either written consent of the non-relocating Party or a relocation order from the Court.

5.3 Non-Interference
Neither Party shall impede, interfere with, or frustrate the other Party’s custodial or visitation rights as set forth herein or by subsequent court order.

6. DEFAULT & REMEDIES

6.1 Events of Default
The occurrence of any of the following shall constitute an “Event of Default”:
(a) Failure to pay child support or extraordinary expenses when due;
(b) Willful violation of the parenting schedule on two (2) or more occasions within any six-month period;
(c) Material breach of any covenant herein.

6.2 Notice & Cure
Except for emergency matters involving the immediate safety of the Child, the non-defaulting Party shall give written notice specifying the default. The defaulting Party shall have ten (10) calendar days to cure monetary defaults and thirty (30) calendar days to cure non-monetary defaults.

6.3 Remedies
(a) Upon an uncured Event of Default, the non-defaulting Party may seek:
(i) enforcement through Support Enforcement Services;
(ii) contempt proceedings, including civil fines, incarceration, or both;
(iii) reimbursement of reasonable attorney’s fees and court costs; and
(iv) modification of custody or visitation as the Court deems appropriate.
(b) All remedies are cumulative and not exclusive.

7. RISK ALLOCATION & LIABILITY CAP

7.1 Indemnification
[Not Applicable—per Metadata]

7.2 Limitation of Liability
The Parties’ monetary liability to each other under this Agreement is limited to actual child support, medical, educational, and related obligations expressly set forth herein (“Liability Cap”). Neither Party shall be liable for consequential, incidental, punitive, or exemplary damages arising out of this Agreement.

7.3 Force Majeure
A Party’s non-performance of a support or visitation obligation due solely to an event of force majeure (e.g., natural disaster, act of war, pandemic-related governmental order) shall be excused only for the duration of the event and only to the extent performance is impossible. The Party invoking this provision shall use best efforts to resume full performance promptly.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement, and any dispute arising hereunder, shall be governed by and construed in accordance with the domestic relations laws of the State of Louisiana (“state_paternity_law”), without regard to its conflict-of-laws principles.

8.2 Forum Selection
Exclusive jurisdiction and venue shall lie in the [Parish] state_family_court having subject-matter jurisdiction over paternity and support matters.

8.3 Arbitration
The Parties acknowledge that arbitration of paternity or child-support issues is not available under Louisiana law; accordingly, Section 8.3 is intentionally omitted.

8.4 Jury Waiver
Family matters subject to this Agreement are determined by the Court without a jury; therefore, no jury-trial waiver is required.

8.5 Injunctive Relief
Nothing herein shall limit either Party’s right to seek temporary or permanent injunctive relief in the Court to enforce child-support, custody, or visitation rights.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers
No amendment or waiver of any provision of this Agreement shall be effective unless set forth in a written instrument signed by both Parties and, where required, approved by the Court. No waiver of any breach shall be deemed a waiver of any other or subsequent breach.

9.2 Assignment
Parental rights and obligations are personal and may not be assigned or delegated, voluntarily or involuntarily, without prior Court approval.

9.3 Successors & Assigns
This Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, legal representatives, and permitted assigns.

9.4 Severability
If any provision of this Agreement is declared unenforceable, the remaining provisions shall remain in full force, and the Court is authorized to reform the Agreement to effectuate the Parties’ intent consistent with applicable law.

9.5 Integration
This Agreement constitutes the entire understanding between the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements.

9.6 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original and all of which constitute one instrument. Signatures transmitted by facsimile, PDF, or verified electronic means shall be deemed originals for all purposes.

9.7 Headings
Section headings are for convenience only and shall not affect the interpretation of this Agreement.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENT

STATE OF LOUISIANA
PARISH OF _______

On this ___ day of __, 20, before me, the undersigned Notary Public, personally appeared [Father’s Name] and [Mother’s Name], who proved to me through satisfactory evidence of identification to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

Witness my hand and official seal.

Notary Public
Printed Name: ___
Notary ID/Bar Roll No.: __
My Commission Expires: ____

WITNESSES

1. ____  Signature
   ____  Printed Name

2. ____  Signature
   ____  Printed Name

[// GUIDANCE:
1. Attach Exhibit A (Parenting Schedule) and any additional exhibits (e.g., income worksheets) as needed.
2. File the signed Acknowledgment Form with the Louisiana Vital Records Registry to perfect Father’s legal status.
3. Consider submitting this Agreement to the Court for incorporation into a consent judgment, which enhances enforceability and facilitates future modifications.]