VOLUNTARY PATERNITY ACKNOWLEDGMENT AND SUPPORT AGREEMENT
(State of Mississippi)
[// GUIDANCE: This template is designed for use by Mississippi-licensed attorneys when counseling clients who wish to voluntarily establish paternity outside of litigation. Customize bracketed items, delete guidance comments prior to execution, and confirm that no subsequent legislative amendments have altered statutory requirements.]
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 Legal Name], an individual residing at [Mother Address] (“Mother”); and
b. [Father Legal Name], an individual residing at [Father Address] (“Acknowledged Father”).
Mother and Acknowledged Father are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
1.2 Recitals
A. The Parties are the biological parents of the minor child identified below and desire to voluntarily establish paternity pursuant to Mississippi law and 42 U.S.C. § 666(a)(5).
B. The Parties desire to set forth their respective rights and obligations regarding the child’s support and related matters.
C. Adequate consideration exists, including mutual promises herein, to make this Agreement legally binding.
1.3 Child Identification
• Child’s Full Name: [Child Full Legal Name]
• Date of Birth: [MM/DD/YYYY]
• Place of Birth: [City, County], Mississippi
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below:
“Acknowledged Father” – The biological father executing this Agreement who will be recognized as the child’s legal father upon filing of all required acknowledgment forms.
“AOP Form” – The Mississippi Department of Health’s statutory “Acknowledgment of Paternity” form (or any successor form prescribed by the State Registrar of Vital Statistics).
“Child” – The minor identified in Section 1.3, including any change of legal name pursuant to court order.
“Child Support Guidelines” – The Mississippi child support guidelines as codified and as hereafter amended, currently administered by the Mississippi Department of Human Services (“MDHS”).
“DNA Test” – A genetic test administered by a certified laboratory in compliance with all Mississippi Department of Human Services regulations to establish paternity probability of at least 99.0 percent.
“Effective Date” – The date set forth in Section 1.1 unless the Parties specify otherwise.
“Family Court” – The Mississippi chancery court or other court of competent jurisdiction vested with domestic-relations authority under state law.
“Revocation Period” – The period within which either Party may rescind an executed AOP Form, currently sixty (60) days from signature or prior to the first court proceeding—whichever occurs earlier—pursuant to 42 U.S.C. § 666(a)(5)(D)(ii).
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment of Paternity
a. The Parties shall complete, sign, and have notarized the State of Mississippi AOP Form contemporaneously with or immediately after executing this Agreement.
b. Within five (5) business days after execution, the Parties shall file the AOP Form with the Office of Vital Records.
c. Upon filing, the Acknowledged Father shall be deemed the legal father for all purposes under Mississippi law without further judicial action, subject to the Revocation Period.
3.2 Genetic Testing (Optional or Upon Demand)
a. Either Party may demand a DNA Test by delivering written notice to the other Party within [30] days after the Effective Date.
b. If demanded, the Party requesting the test shall advance all testing costs, subject to reallocation by the Family Court.
c. Should the DNA Test exclude the Acknowledged Father, both the AOP Form and this Agreement shall be null and void ab initio, and all filings shall be rescinded.
3.3 Birth Certificate Amendment
The Parties shall cooperate to ensure that the Acknowledged Father’s name is added to the Child’s birth certificate and that any surname change requested by the Parties and allowed by law is properly recorded.
3.4 Child Support Obligations
a. Commencing on the first day of the month following the filing of the AOP Form, the Acknowledged Father shall pay child support in accordance with the Child Support Guidelines.
b. Initial support is calculated at [__]% of Acknowledged Father’s adjusted gross income, equating to [$___] per month, subject to automatic statutory adjustment.
c. Payments shall be made through the Mississippi Disbursement Unit, or as otherwise directed by MDHS.
d. Support obligations survive divorce, legal separation, or any subsequent custody determination.
3.5 Health Insurance and Other Support
a. The Acknowledged Father shall maintain medical and dental insurance coverage for the Child that is available at reasonable cost through employment or another group plan.
b. Uninsured medical expenses shall be allocated []% Mother / % Father unless otherwise agreed in writing or ordered by the Family Court.
3.6 Custody and Visitation Not Determined
This Agreement establishes paternity and support only. Custody, visitation, and parental decision-making authority remain subject to separate agreement of the Parties or subsequent court order.
3.7 Conditions Precedent
The enforceability of Section 3.4 (Child Support Obligations) is conditioned on successful filing of the AOP Form and expiration of the Revocation Period.
4. REPRESENTATIONS & WARRANTIES
4.1 Each Party represents and warrants that:
a. He or she is at least eighteen (18) years of age, of sound mind, and under no legal incapacity.
b. The information provided in the AOP Form and herein is true, complete, and accurate to the best of that Party’s knowledge.
c. No other person has been judicially or administratively adjudicated as the father of the Child.
d. Execution of this Agreement does not violate any existing court order.
4.2 Survival
All representations and warranties survive the execution and filing of this Agreement and the AOP Form.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation Covenant
Each Party shall execute and deliver all additional documents and take such further actions as may be reasonably necessary to carry out the purpose and intent of this Agreement, including but not limited to:
• Responding to MDHS inquiries;
• Appearing at hearings related to support enforcement; and
• Providing updated contact information within ten (10) days of any change.
5.2 Non-Interference
Neither Party shall impede or delay the other Party’s statutory right to rescind the AOP Form within the Revocation Period.
5.3 Notice Obligations
All notices required under this Agreement shall be in writing and delivered by certified mail, return receipt requested, or by reputable overnight courier to the addresses set forth above (or such other address as a Party may designate by notice).
6. DEFAULT & REMEDIES
6.1 Events of Default
a. Failure of Acknowledged Father to timely pay support.
b. Failure of either Party to cooperate in filing or amending the AOP Form.
c. Material breach of any covenant herein.
6.2 Notice and Cure
Except for support non-payment (which is subject to immediate statutory enforcement), a Party alleging default shall provide written notice specifying the breach. The breaching Party shall have ten (10) days to cure before further remedies accrue.
6.3 Remedies
a. Statutory support enforcement through MDHS and Family Court, including income withholding, tax refund interception, liens, and contempt proceedings.
b. Recovery of reasonable attorney fees and court costs incurred in enforcing this Agreement.
c. Any other relief available at law or equity consistent with Mississippi public policy regarding child welfare.
7. RISK ALLOCATION
7.1 Indemnification
The Parties acknowledge that indemnification is not applicable in the context of a paternity acknowledgment; accordingly, no Party shall be required to indemnify the other under this Agreement.
7.2 Limitation of Liability
Each Party’s financial liability is limited to obligations imposed by Mississippi child-support law, statutory interest, and court-awarded fees and costs.
7.3 Force Majeure
A Party’s performance (other than payment of support) shall be excused to the extent prevented by acts of God, war, epidemic, or other events making performance illegal or impossible; provided, that such Party gives prompt notice and resumes performance as soon as reasonably practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement and any dispute arising hereunder shall be governed by the internal laws of the State of Mississippi (“state_paternity_law”).
8.2 Forum Selection
Exclusive jurisdiction and venue lie in the [County] Chancery Court sitting as the state family court (“state_family_court”).
8.3 Arbitration
The Parties acknowledge that arbitration is unavailable for disputes concerning child support or paternity establishment under Mississippi law.
8.4 Jury Waiver
Family-court proceedings in Mississippi are tried without a jury; accordingly, no jury-trial right exists for disputes under this Agreement.
8.5 Injunctive Relief
Nothing herein limits the Family Court’s authority to issue immediate orders enforcing child support or other equitable relief as necessary to protect the Child’s best interests.
9. GENERAL PROVISIONS
9.1 Amendment and Waiver
No amendment or waiver of any provision of this Agreement is effective unless in writing and signed by both Parties and, where required, approved by the Family Court.
9.2 Assignment
Neither Party may assign, delegate, or transfer any rights or obligations under this Agreement without prior written consent of the other Party and approval of the Family Court.
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 shall remain in full force, and the offending provision shall be reformed to the minimum extent necessary to achieve its intent.
9.5 Integration/Merger
This Agreement, together with the executed AOP Form, constitutes the entire agreement of the Parties with respect to paternity acknowledgment and child support, superseding all prior understandings.
9.6 Counterparts; Electronic Signatures
This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which constitute one instrument. Electronic signatures are deemed original signatures for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Mother | Acknowledged Father |
|---|---|
| ________ | ________ |
| [Mother Legal Name] | [Father Legal Name] |
| Date: ________ | Date: ________ |
NOTARY ACKNOWLEDGMENT
State of Mississippi )
County of [__] )
On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [Mother Legal Name] and [Father Legal Name], proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.
Witness my hand and official seal.
Notary Public
My Commission Expires: _____
[// GUIDANCE: Mississippi law currently requires notarization of the AOP Form itself. Obtain a separate notary acknowledgment for this Agreement if it will be filed or presented in court.]
OPTIONAL: ATTACHMENT A
Initial Child-Support Calculation Worksheet
[Attach MDHS-approved worksheet reflecting income, allowable deductions, and guideline percentage.]
OPTIONAL: ATTACHMENT B
Certified DNA Test Results (if obtained)
[// GUIDANCE: Before advising clients to sign, confirm that (1) all statutory AOP procedures are followed, (2) the Revocation Period and rescission mechanics are fully explained, and (3) any future custody or visitation matters are addressed in a separate parenting plan.]