VOLUNTARY PATERNITY AGREEMENT AND ACKNOWLEDGMENT
(State of Maine)
[// GUIDANCE: This is a private contractual acknowledgment that supplements but does NOT replace the statutory Maine “Voluntary Acknowledgment of Parentage” form prescribed by the Maine Department of Health and Human Services. Practitioners must ensure that the statutory form is executed and filed pursuant to 22 M.R.S. § 2761 to obtain full legal effect.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1. Acknowledgment of Paternity
3.2. Statutory Filing & Acknowledgment Procedures
3.3. Genetic Testing Provisions
3.4. Child Support & Related Financial Obligations
3.5. Health Insurance & Medical Expenses
3.6. Parenting Rights & Decision-Making
3.7. Conditions Precedent & Subsequent - Representations & Warranties
- Covenants & Ongoing Obligations
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Voluntary Paternity Agreement and Acknowledgment
(the “Agreement”)
This Agreement is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [MOTHER LEGAL NAME], residing at [MOTHER ADDRESS] (“Mother”); and
• [FATHER LEGAL NAME], residing at [FATHER ADDRESS] (“Father”).
Mother and Father are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Recitals
A. The Parties are the biological parents of [CHILD FULL LEGAL NAME], born on [DOB] in [CITY/COUNTY], Maine (the “Child”).
B. The Parties desire voluntarily to establish the legal parentage of the Father and to formalize their respective rights and obligations, including but not limited to child support, in compliance with Maine law and in the best interests of the Child.
C. The Parties intend that this Agreement be governed by the substantive laws of the State of Maine and enforced exclusively by its state family courts.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Defined terms include the singular and plural forms.
“Acknowledged Father” – The Father as legally recognized under this Agreement and the accompanying statutory acknowledgment filed pursuant to 22 M.R.S. § 2761.
“Child” – The minor identified in Recital A, together with any change of legal name registered with the Maine Office of Vital Statistics.
“Child Support Guidelines” – The Maine Child Support Guidelines codified at 19-A M.R.S. § 2006 et seq., as amended from time to time.
“Family Court” – The District Court of the State of Maine, [COUNTY] Division, Family Matters docket, or any successor court exercising equivalent jurisdiction.
“Genetic Test” – A DNA parentage test conducted by a laboratory accredited by the American Association of Blood Banks (AABB) or equivalent industry body and compliant with applicable Maine statutes and regulations.
“Support Obligation” – The periodic child support, medical support, and other monetary obligations of the Father as determined by this Agreement or by subsequent court order under the Child Support Guidelines.
3. OPERATIVE PROVISIONS
3.1 Acknowledgment of Paternity
3.1.1 Mother and Father hereby jointly and irrevocably acknowledge that Father is the biological and legal parent of the Child.
3.1.2 The Parties understand that, upon proper statutory filing, this acknowledgment shall have the same force and effect as a judicial determination of paternity, subject only to the limited rescission and challenge rights provided by Maine law.
3.2 Statutory Filing & Acknowledgment Procedures
3.2.1 Contemporaneously with or immediately after execution of this Agreement, the Parties shall complete and sign the State of Maine “Voluntary Acknowledgment of Parentage” form (the “DHHS Form”).
3.2.2 The Parties shall ensure the DHHS Form is notarized and filed with the State Registrar of Vital Statistics within [10] business days of execution, or as otherwise permitted by 22 M.R.S. § 2761.
3.2.3 Failure to file the DHHS Form as required shall not invalidate the contractual obligations set forth herein but may delay or impair the enforceability of the Father’s legal parentage under Maine law.
3.3 Genetic Testing Provisions
3.3.1 Right to Test. Either Party may request a Genetic Test prior to execution of the DHHS Form.
3.3.2 Waiver. By executing the DHHS Form without requesting testing, that Party irrevocably waives the right to contest parentage on genetic grounds, except as otherwise provided under 22 M.R.S. § 2761(11).
3.3.3 Procedure & Cost. If testing is requested:
(a) Samples shall be collected within [30] days of written request;
(b) The Parties shall share testing costs [50/50] unless otherwise agreed;
(c) Certified results shall be furnished to both Parties and, if required, filed with the Family Court.
3.3.4 Adverse Results. In the event the Genetic Test excludes the Father, this Agreement and the DHHS Form shall be void ab initio, and neither Party shall have further obligation hereunder except as required to correct the Child’s birth record.
3.4 Child Support & Related Financial Obligations
3.4.1 Initial Support Determination. Until a court order is entered, Father shall pay provisional child support in the amount of $[AMOUNT] per [week/bi-week/month], commencing [START DATE], calculated in accordance with the Child Support Guidelines.
3.4.2 Adjustment. Either Party may seek judicial adjustment consistent with the Child Support Guidelines upon a substantial change in circumstances.
3.4.3 Method of Payment. Payments shall be made via the Maine DHHS Child Support Enforcement Division electronic payment portal unless otherwise agreed in writing.
3.4.4 Arrearages. Unpaid support shall accrue interest at the statutory rate and be enforceable through income withholding, tax refund intercepts, and any other remedies available under Maine law.
3.5 Health Insurance & Medical Expenses
3.5.1 Father shall maintain comprehensive health, dental, and vision insurance for the Child if available at a reasonable cost through Father’s employer or other group plan.
3.5.2 Uninsured medical expenses shall be allocated [pro rata to the Parties’ incomes / 50-50], unless otherwise ordered by the Family Court.
3.5.3 Proof of coverage shall be provided to Mother annually and upon reasonable request.
3.6 Parenting Rights & Decision-Making
3.6.1 Custody & Visitation. This Agreement does not establish a permanent parenting plan. The Parties may, and are encouraged to, enter into a separate written parenting plan or seek a court order outlining parental rights and responsibilities.
3.6.2 Interim Arrangements. Pending further agreement or court order, the Parties shall cooperate in good faith to facilitate frequent and meaningful contact between Father and Child consistent with the Child’s best interests.
3.7 Conditions Precedent & Subsequent
(a) Precedent: Execution and timely filing of the DHHS Form (Section 3.2).
(b) Subsequent: No conflicting court order establishing parentage of another individual.
4. REPRESENTATIONS & WARRANTIES
Each Party represents and warrants to the other that:
4.1 Capacity. Such Party is at least eighteen (18) years of age, competent, and acting voluntarily.
4.2 Marital Status. Mother was [married / unmarried] at the time of the Child’s conception and birth. If married, the legal spouse [has/has not] been adjudicated the Child’s parent.
4.3 No Prior Determination. No other court or administrative order has established parentage of the Child.
4.4 No Duress. Execution of this Agreement and the DHHS Form is free from fraud, coercion, or material mistake of fact.
4.5 Disclosure. All material facts relating to parentage have been fully disclosed.
The foregoing representations and warranties shall survive execution and filing of the DHHS Form.
5. COVENANTS & ONGOING OBLIGATIONS
5.1 Cooperation. Each Party shall execute all instruments and take all actions reasonably necessary to implement this Agreement, including attendance at court hearings if required.
5.2 Notice. A Party shall provide written notice to the other within [10] days of any change in mailing address, phone number, or employment that could affect support enforcement.
5.3 Tax Matters. Unless otherwise agreed in writing or ordered by a court, the Parties shall allocate the federal and state income tax dependency exemption for the Child pursuant to Internal Revenue Service rules and Maine Child Support Guidelines.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute an “Event of Default”:
(a) Failure to pay support when due;
(b) Failure to maintain required insurance;
(c) Failure to execute or timely file the DHHS Form;
(d) Violation of Section 5 covenants.
6.2 Cure Period. Except for support payments, the defaulting Party shall have [15] days after written notice to cure an Event of Default.
6.3 Remedies. Upon an Event of Default, the non-defaulting Party may:
(i) Seek immediate enforcement in Family Court, including income withholding, contempt, and judgment for attorney fees;
(ii) Request injunctive relief to compel compliance with support or insurance obligations;
(iii) Exercise any other remedies available under Maine law.
6.4 Attorneys’ Fees. The prevailing Party in any enforcement action shall be entitled to recover reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Indemnification. [Not applicable per Parties’ agreement.]
7.2 Limitation of Liability. No Party shall be liable to the other for consequential, punitive, or exemplary damages arising from performance or breach of this Agreement, provided that this limitation shall not impair or limit (i) the Support Obligation, (ii) statutory child support arrearages, or (iii) any remedy expressly available under Maine family law.
7.3 Force Majeure. Neither Party shall be deemed in default for failure to perform non-monetary obligations caused by events beyond reasonable control, provided that prompt written notice is given and diligent efforts are undertaken to resume performance.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Maine (“state_paternity_law”), without regard to conflict-of-laws principles.
8.2 Forum Selection. Any action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the [COUNTY] District Court, Family Division (“state_family_court”).
8.3 Arbitration. The Parties acknowledge that family-law arbitration is not available for paternity determinations or child support in Maine; accordingly, no arbitration provision is intended or included.
8.4 Jury Waiver. The Parties recognize that, under Maine practice, paternity and support matters are heard without a jury (“no_jury_family_court”); therefore, any right to trial by jury is expressly waived to the extent it might otherwise apply.
8.5 Injunctive Relief. Nothing herein shall limit the Family Court’s power to issue immediate orders or other equitable relief necessary for support enforcement (“support_enforcement”).
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. No amendment or waiver of any provision of this Agreement shall be effective unless in writing signed by both Parties and, where required, approved by the Family Court. No waiver shall constitute a waiver of any subsequent breach.
9.2 Assignment. The rights and obligations hereunder are personal and may not be assigned or delegated by either Party, except that rights of the Child and enforcement rights of the Maine DHHS Child Support Enforcement Division shall automatically inure to their benefit.
9.3 Successors & Assigns. This Agreement shall bind and inure to the benefit of 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 shall remain in full force, and the Family Court may modify the invalid provision to the minimum extent necessary to render it enforceable.
9.5 Integration. This Agreement, together with the DHHS Form and any court-approved parenting plan, constitutes the entire agreement of the Parties concerning the subject matter and supersedes all prior 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 electronically (e.g., PDF, DocuSign) shall be deemed original for all purposes consistent with the Maine Uniform Electronic Transactions Act.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Voluntary Paternity Agreement and Acknowledgment as of the Effective Date.
| Mother | Father |
|---|---|
| ____ | ____ |
| [MOTHER LEGAL NAME] | [FATHER LEGAL NAME] |
| Date: ____ | Date: ____ |
NOTARIZATION
State of Maine )
County of ______) ss.
On this _ day of __, 20____, before me, the undersigned Notary Public, personally appeared [MOTHER LEGAL NAME] and [FATHER LEGAL NAME], known or satisfactorily proven to me to be the individuals whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same as their free act and deed.
Notary Public, State of Maine
My commission expires: ___
[// GUIDANCE: Add any witness signatures if required by local court rule or clerk’s office preference.]
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