VOLUNTARY PATERNITY ACKNOWLEDGMENT AND SUPPORT AGREEMENT
(Massachusetts – M.G.L. ch. 209C compliant)
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 and Parties
This Voluntary Paternity Acknowledgment and Support Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
a. [MOTHER FULL LEGAL NAME], residing at [MOTHER ADDRESS] (“Mother”); and
b. [FATHER FULL LEGAL NAME], residing at [FATHER ADDRESS] (“Father”).
Mother and Father are referred to individually as a “Party” and collectively as the “Parties.”
1.2 Recitals
A. The Parties are the biological parents of [CHILD FULL LEGAL NAME], born on [CHILD DOB] in [CITY/STATE OF BIRTH] (the “Child”).
B. Pursuant to Mass. Gen. Laws ch. 209C, §§ 2 & 11, the Parties desire voluntarily to acknowledge Father’s paternity of the Child and to establish their respective rights and obligations regarding support, custody, and related matters.
C. The Parties enter into this Agreement for good and valuable consideration, the receipt and sufficiency of which are acknowledged.
1.3 Governing Jurisdiction
This Agreement is governed by the substantive and procedural laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws rules.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms shall have the meanings set forth below.
“Acknowledgment” means the Voluntary Acknowledgment of Paternity form prescribed by the Massachusetts Registry of Vital Records and Statistics (“RVRS”) pursuant to M.G.L. ch. 209C, § 11.
“Child Support Guidelines” means the Massachusetts Child Support Guidelines in force as of the Effective Date and as hereafter amended.
“CSE” means the Massachusetts Department of Revenue, Child Support Enforcement Division.
“Court” means the probate and family court of competent jurisdiction in the Commonwealth of Massachusetts.
“Genetic Testing” means DNA or genetic marker testing conducted by a laboratory accredited under 45 C.F.R. pt. 303 and recognized by the Court or CSE.
“Support Order” means any child support order issued or modified by the Court or CSE in accordance with the Child Support Guidelines.
[// GUIDANCE: Add any additional defined terms unique to the parties’ circumstances.]
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment of Paternity
3.1.1 The Parties shall execute, under oath, the Acknowledgment contemporaneously with this Agreement.
3.1.2 Within [NUMBER] days after execution, the Parties shall file the Acknowledgment with RVRS and, if required, deliver a copy to CSE.
3.1.3 Upon filing, Father shall be the legal parent of the Child for all purposes under Massachusetts law.
3.2 Genetic Testing
3.2.1 Each Party acknowledges the statutory right to request Genetic Testing prior to execution of the Acknowledgment.
3.2.2 By signing this Agreement, the Parties [SELECT: (a) waive Genetic Testing | (b) have completed Genetic Testing on ____ (date) and attach the results as Exhibit __].
[// GUIDANCE: If testing is waived, confirm both Parties understand the waiver is irrevocable absent fraud, duress, or material mistake of fact. See M.G.L. ch. 209C, § 11.]
3.3 Child Support
3.3.1 Base Support. Father shall pay child support in the amount of $[AMOUNT] per [WEEK/MONTH], calculated in accordance with the Child Support Guidelines.
3.3.2 Health Insurance. Father [SELECT: shall provide | shall contribute ___% toward] health insurance for the Child if available at a reasonable cost.
3.3.3 Modification. Either Party may seek modification of support consistent with M.G.L. ch. 208, § 28 and the Child Support Guidelines upon a material and substantial change in circumstances.
3.4 Custody and Parenting Time
3.4.1 Legal Custody. [SELECT: Joint | Sole to Mother | Sole to Father] legal custody is agreed, subject to Court approval.
3.4.2 Parenting Schedule. The Parties agree to the schedule set forth in Exhibit [A].
3.5 Birth Certificate
Mother consents to the inclusion of Father’s name on the Child’s birth certificate upon filing of the Acknowledgment.
3.6 Tax Dependency Exemption
The Parties agree that [MOTHER/FATHER/ALTERNATING YEARS] shall claim the Child as a dependent for federal and state income tax purposes, provided all IRS prerequisites are met.
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each Party represents that he or she is of legal age, competent, and not subject to any legal disability affecting this Agreement.
4.2 Marital Status. Mother represents that she [was/was not] married to another person at the time of the Child’s conception or birth.
4.3 No Conflict. Execution and performance of this Agreement do not violate any court order, statute, or other agreement binding on either Party.
4.4 Accuracy of Information. All information provided herein is true, complete, and accurate in all material respects.
4.5 Survival. The representations and warranties in this Section survive execution of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. The Parties shall execute any additional documents reasonably required to effectuate the purposes of this Agreement, including forms requested by RVRS or CSE.
5.2 Address Changes. Each Party shall notify the other and CSE in writing of any change of residential or mailing address within ten (10) days of such change.
5.3 Non-Interference. Neither Party shall impede the other’s lawful access to records or information concerning the Child.
5.4 Compliance Monitoring. The Parties agree to provide annually (or upon request by CSE) copies of pay stubs, tax returns, and insurance information for recalculation of support.
6. DEFAULT & REMEDIES
6.1 Events of Default.
a. Failure to make timely child support payments;
b. Failure to maintain required health insurance;
c. Material breach of any covenant herein.
6.2 Notice and Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have [15] days to cure monetary defaults and [30] days to cure non-monetary defaults, unless an emergency affecting the Child requires immediate action.
6.3 Remedies.
a. Upon uncured default, the non-defaulting Party may seek enforcement through CSE, the Court, wage assignment, interception of tax refunds, and any other remedies available under law.
b. The prevailing Party in any enforcement action shall be entitled to reasonable attorney’s fees and costs.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable by mutual intent of the Parties.
7.2 Limitation of Liability. Nothing in this Agreement limits either Party’s statutory obligations to the Child, including but not limited to child support, medical support, and related arrearages.
7.3 Force Majeure. Except for child support and essential parental obligations, neither Party shall be liable for failure to perform non-essential duties hereunder due to acts of God, governmental orders, or other events beyond reasonable control, provided prompt notice is given.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement is governed by the laws of the Commonwealth of Massachusetts.
8.2 Exclusive Forum. Any dispute arising under or related to this Agreement shall be brought exclusively in the [COUNTY] Division of the Massachusetts Probate and Family Court.
8.3 Arbitration. The Parties acknowledge that arbitration is not available for matters concerning child support or custody under Massachusetts law.
8.4 Jury Waiver. The Parties acknowledge that jury trial is unavailable in Probate and Family Court proceedings.
8.5 Injunctive Relief. Each Party reserves the right to seek temporary or permanent orders to enforce support or custody obligations.
9. GENERAL PROVISIONS
9.1 Amendments and Waivers. No amendment or waiver of any provision of this Agreement is effective unless in a written instrument executed by both Parties and, where required, approved by the Court.
9.2 Assignment. Neither Party may assign or delegate any rights or obligations under this Agreement without prior written consent of the other Party and Court approval where applicable.
9.3 Successors and Assigns. This Agreement binds and benefits the Parties and their respective heirs, legal representatives, and permitted assigns.
9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law.
9.5 Integration. This Agreement, together with the Acknowledgment and any exhibits hereto, constitutes the entire agreement between the Parties concerning paternity, support, and related matters, and supersedes all prior agreements or understandings, whether written or oral.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted by electronic means (e.g., PDF, DocuSign, or comparable service) are binding and enforceable.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Mother | Father |
|---|---|
| _______ | _______ |
| [MOTHER FULL LEGAL NAME] | [FATHER FULL LEGAL NAME] |
| Date: _______ | Date: _______ |
NOTARY ACKNOWLEDGMENT
Commonwealth of Massachusetts
County of [___]
On this _ day of _, 20__, before me, the undersigned notary public, personally appeared [MOTHER FULL LEGAL NAME] and [FATHER FULL LEGAL NAME], proved to me through satisfactory evidence of identification, to be the persons whose names are signed above, and acknowledged to me that they voluntarily executed this instrument for its stated purposes.
Notary Public
My Commission Expires: _______
[// GUIDANCE: Attach (i) executed Acknowledgment of Paternity form; (ii) Parenting Schedule as Exhibit A; (iii) Genetic Test Results if applicable.]