PATERNITY AGREEMENT

(Voluntary Acknowledgment of Parentage – State of Maryland)

[// GUIDANCE: This template is designed for use by experienced Maryland family-law practitioners. It is NOT a substitute for the Maryland “Affidavit of Parentage” (the form used for vital-records registration). Rather, it supplements that statutory form by memorializing the parties’ broader rights and obligations. Customize all bracketed items, verify statutory references, and attach exhibits (e.g., completed Affidavit, genetic-test results, Child Support Guidelines worksheet) before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title
Paternity Agreement and Voluntary Acknowledgment of Parentage

1.2 Parties
(a) “[FATHER FULL LEGAL NAME],” an adult individual residing at [ADDRESS] (“Father”);
(b) “[MOTHER FULL LEGAL NAME],” an adult individual residing at [ADDRESS] (“Mother”); and
(c) “[CHILD FULL LEGAL NAME],” a minor child born on [DATE OF BIRTH] in [COUNTY], Maryland (“Child”).

1.3 Recitals
A. The Child was born to Mother on the date and in the place stated above.
B. Mother and Father were not married to each other at the time of the Child’s conception or birth.
C. The parties desire voluntarily to establish Father’s paternity of the Child, to define their respective parental rights and responsibilities, and to ensure the Child’s welfare, all in accordance with Maryland law.
D. Consideration for this Agreement includes the mutual promises herein, the parties’ reliance thereon, and other good and valuable consideration, the sufficiency of which is hereby acknowledged.

1.4 Effective Date
This Agreement shall become effective on the latest date of signature below (“Effective Date”).

1.5 Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Maryland relating to paternity, child support, and family-law matters. Exclusive jurisdiction and venue lie in the Circuit Court for [COUNTY] sitting as a Family Court (“Family Court”).

2. DEFINITIONS

“Agreement” means this Paternity Agreement, together with all Exhibits and Schedules.
“Child Support Guidelines” means the Maryland Child Support Guidelines in effect as of the date a support obligation is calculated or modified.
“Genetic Test” means a DNA test administered by a laboratory accredited by the American Association of Blood Banks (AABB) or equivalent successor body.
“Parent” means Father or Mother, as applicable; “Parents” means both jointly.
“Parentage Order” means any court order confirming or modifying the legal parent-child relationship created herein.
“Rescission Period” means the period during which a party may rescind an Affidavit of Parentage under Maryland law (currently sixty (60) days from the earlier of signature or the date of a court proceeding involving the child).
[// GUIDANCE: Add additional defined terms as needed; list alphabetically.]

3. OPERATIVE PROVISIONS

3.1 Acknowledgment of Paternity
(a) The Parents jointly and irrevocably (subject to Section 6.1) acknowledge that Father is the Child’s natural and legal parent.
(b) Concurrently with execution of this Agreement, the Parents shall complete and file the State of Maryland Affidavit of Parentage (the “Affidavit”) with the Division of Vital Records.

3.2 Genetic Testing (Optional or Confirmatory)
(a) Either Parent may, at his or her sole expense, obtain a Genetic Test prior to the expiration of the Rescission Period.
(b) If the Genetic Test excludes Father as the biological parent, this Agreement and the Affidavit shall be void ab initio upon written notice to the other Parent and filing of the test results with the Family Court.

3.3 Custody and Parenting Time
(a) The Parents acknowledge that legal and physical custody determinations are subject to the best-interests standard and may require court approval.
(b) Pending any court order, the Parents agree to the provisional parenting-time schedule attached as Exhibit A.
[// GUIDANCE: Insert detailed schedule or state that the parties will jointly submit a Parenting Plan to the court within X days.]

3.4 Child Support
(a) Commencing on [START DATE], Father shall pay to Mother child support in the amount of $[AMOUNT] per month (“Base Support”), calculated in accordance with the Child Support Guidelines worksheet attached as Exhibit B.
(b) Base Support shall be adjusted automatically each January 1 based on the then-current Guidelines, or sooner upon a material change in circumstances as defined by Maryland law.
(c) Father shall maintain health insurance for the Child if available at reasonable cost through employment; otherwise each Parent shall contribute proportionately to the cost.
(d) Uninsured medical, dental, educational, and extracurricular expenses shall be allocated [PERCENTAGE]% to Father and [PERCENTAGE]% to Mother.

3.5 Income Disclosure and Updates
Within ten (10) days after any material change in income (≥15%), the affected Parent shall provide written notice and supporting documentation to the other Parent.

3.6 Birth Certificate and Name
Mother shall cooperate with Father in adding Father’s name to the Child’s birth certificate and, if mutually agreed, in changing the Child’s surname to [NEW SURNAME].

3.7 Tax Dependents
Unless modified by court order, the Parents agree that Father shall be entitled to claim the Child as a dependent in odd-numbered tax years and Mother in even-numbered tax years, provided the claiming Parent is current on support obligations as of December 31 of the relevant year.

3.8 Life Insurance
Father shall maintain a life-insurance policy in the face amount of not less than $[AMOUNT], naming the Child (or a trust for the Child’s benefit) as irrevocable beneficiary until the Child reaches the age of majority.

3.9 Conditions Precedent
Execution and proper filing of the Affidavit is a condition precedent to the enforceability of this Agreement’s paternity and support provisions.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations
Each Parent represents and warrants that:
(a) he or she has full legal capacity and authority to enter into this Agreement;
(b) the information provided herein and in the Affidavit is true, complete, and accurate;
(c) no prior adjudication of paternity regarding the Child exists;
(d) he or she has had the opportunity to consult independent legal counsel; and
(e) this Agreement is entered into voluntarily, without duress or undue influence.

4.2 Survival
All representations and warranties survive execution and remain in effect until superseded by a final Parentage Order or until the Child’s emancipation, whichever occurs later.

5. COVENANTS & RESTRICTIONS

5.1 Good-Faith Cooperation
The Parents shall cooperate in good faith to implement the terms of this Agreement and to promote the Child’s health, safety, and emotional well-being.

5.2 Non-Disparagement
Neither Parent shall disparage the other in the Child’s presence or otherwise attempt to alienate the Child’s affections.

5.3 Relocation
A Parent intending to relocate the Child’s principal residence for more than ninety (90) consecutive days shall provide at least ninety (90) days’ written notice to the other Parent and otherwise comply with Maryland relocation statutes.

5.4 Restricted Transfers
Neither Parent may assign or transfer any parental rights or responsibilities except as permitted by law.

6. DEFAULT & REMEDIES

6.1 Rescission and Challenge
(a) Either Parent may rescind the Affidavit within the Rescission Period by executing the required state form and filing it with the Division of Vital Records.
(b) After the Rescission Period, this Agreement and the Affidavit may be challenged only on the limited grounds permitted by Maryland law (e.g., fraud, duress, material mistake of fact) and within the statutory limitations period.

6.2 Support Enforcement
Failure to pay child support when due constitutes a default. Upon default, the non-defaulting Parent may pursue any remedy available under Maryland law, including but not limited to income withholding, tax intercept, contempt proceedings, and judgment for arrears with statutory interest.

6.3 Cure Period
Except for support payment defaults, a breaching Parent shall have fifteen (15) days after written notice to cure any breach before the non-breaching Parent may seek court intervention.

6.4 Attorneys’ Fees and Costs
In any action to enforce or modify this Agreement, the court may award reasonable attorneys’ fees and costs consistent with Maryland family-law standards.

7. RISK ALLOCATION

7.1 Indemnification
[Not Applicable]
[// GUIDANCE: The parties’ mutual obligations are governed by statute; indemnities are customarily inappropriate in paternity matters and are therefore omitted.]

7.2 Limitation of Liability
Nothing in this Agreement limits or caps a Parent’s statutory child-support obligations. All other monetary liabilities arising hereunder, if any, are limited to direct damages actually incurred; consequential and punitive damages are waived to the fullest extent permitted by law.

7.3 Force Majeure
A Parent’s temporary inability to exercise visitation or comply with non-support obligations due to events beyond reasonable control (e.g., natural disaster, military deployment) shall not constitute a default, provided the Parent gives prompt written notice and reasonable alternative arrangements are made.

8. DISPUTE RESOLUTION

8.1 Governing Law
Maryland substantive and procedural family law governs all disputes.

8.2 Forum Selection
Exclusive jurisdiction and venue reside in the Circuit Court for [COUNTY], Maryland, sitting as a Family Court. The Parents waive any objection based on forum non conveniens.

8.3 Arbitration
By law, custody and support matters are non-arbitrable in Maryland; accordingly, no arbitration provision is included.

8.4 Jury Waiver
Family-law matters in Maryland are heard without a jury; therefore, no jury waiver is required.

8.5 Injunctive Relief
The Family Court retains authority to issue immediate injunctive or other equitable relief necessary to protect the Child’s welfare or enforce support obligations.

9. GENERAL PROVISIONS

9.1 Amendments; Modifications
Any amendment to this Agreement shall be in a writing signed by both Parents and, where required, approved by the Family Court.

9.2 Waiver
Failure to insist on strict performance of any provision is not a waiver of future enforcement of that provision or any other.

9.3 Assignment
Parental rights and responsibilities are personal and non-assignable, except as required by law (e.g., appointment of a guardian).

9.4 Successors and Assigns
This Agreement binds and benefits the Parents, the Child, and their respective heirs, legal representatives, and permitted assigns.

9.5 Severability
If any provision is held invalid or unenforceable, the remaining provisions shall be construed to effectuate the parties’ intent as closely as possible, and the invalid provision shall be deemed reformed to the minimum extent necessary for enforceability.

9.6 Entire Agreement
This Agreement, together with the Affidavit and all Exhibits, constitutes the entire understanding among the Parents concerning the subject matter and supersedes all prior agreements or understandings, whether written or oral.

9.7 Counterparts; Electronic Signatures
This Agreement may be executed in one or more counterparts, each of which is deemed an original and all of which together constitute one instrument. Signatures transmitted electronically (e.g., via PDF or secure e-signature platform) are deemed original for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parents have executed this Paternity Agreement as of the Effective Date.

[// GUIDANCE: Maryland does not strictly require notarization of a private paternity agreement, but notarization is strongly recommended for evidentiary purposes. Confirm local clerk requirements before filing.]

[FATHER FULL LEGAL NAME]
Date: _______

[MOTHER FULL LEGAL NAME]
Date: _______

STATE OF MARYLAND
COUNTY OF ____, to wit:

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared ___ and ___, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing Paternity Agreement, and they acknowledged that they executed the same for the purposes therein contained.

Notary Public

My Commission Expires: _____

EXHIBIT A – PROVISIONAL PARENTING-TIME SCHEDULE

[Insert detailed custody/visitation calendar.]

EXHIBIT B – MARYLAND CHILD SUPPORT GUIDELINES WORKSHEET

[Attach completed worksheet reflecting income, expenses, and Guideline calculations.]

[// GUIDANCE: Prior to filing, confirm (1) the Affidavit of Parentage is properly completed and submitted; (2) any Genetic Test results are attached or referenced; (3) the Child Support Guidelines worksheet accurately reflects current incomes; and (4) the Parenting Plan meets local court rules. Retain proof of service for all notices required under this Agreement.]