VOLUNTARY PATERNITY ACKNOWLEDGMENT & PARENTING AGREEMENT
(Compliant with North Dakota Uniform Parentage Act)
[// GUIDANCE: This template is designed for use by North Dakota attorneys in circumstances where the parents wish to (i) formally acknowledge paternity under N.D. Cent. Code ch. 14-20 and (ii) set forth initial child-related obligations. It is NOT a substitute for the state-issued “Acknowledgment of Paternity” (AOP) form that must be filed with the North Dakota Department of Vital Records. Attach a completed AOP form as Schedule A and submit it in accordance with N.D. Cent. Code § 14-20-11(5).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Voluntary Acknowledgment of Paternity
3.2 Filing & Recordation
3.3 Genetic Testing
3.4 Child Support & Related Financial Obligations
3.5 Custody, Decision-Making & Parenting Time
3.6 Health Care & Insurance
3.7 Tax Matters - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Schedules
1. DOCUMENT HEADER
This Voluntary Paternity Acknowledgment & Parenting Agreement (this “Agreement”) is entered into and made effective 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] (“Father”).
Mother and Father are sometimes referred to individually as a “Party” and collectively as the “Parties.”
Recitals
A. Mother gave birth to a child, [CHILD FULL LEGAL NAME] (the “Child”), on [CHILD DOB] in [COUNTY], North Dakota.
B. The Parties mutually desire to voluntarily establish the Child’s paternity pursuant to the North Dakota Uniform Parentage Act, N.D. Cent. Code ch. 14-20 (the “Act”), and to define their respective parental rights and responsibilities consistent with the Child’s best interests.
C. In consideration of the mutual covenants herein and for 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 terms have the meanings set forth below. Defined terms may be used in the singular or plural and shall apply to any tense.
“Act” – The North Dakota Uniform Parentage Act, N.D. Cent. Code §§ 14-20-01 et seq., as amended.
“Acknowledgment” – The written acknowledgment of paternity executed by the Parties on the form prescribed by the North Dakota Department of Vital Records, attached hereto as Schedule A.
“Child Support Guidelines” – The North Dakota child support guidelines promulgated by the Department of Human Services (currently N.D. Admin. Code ch. 75-02-04.1), as updated from time to time.
“Genetic Test” – DNA testing that complies with the Act and any regulations issued thereunder, with a cumulative probability of paternity of at least 99%.
“Parenting Plan” – The custodial and parenting-time terms set forth in Section 3.5 and any court-approved modifications thereto.
[// GUIDANCE: Insert additional defined terms (e.g., “Health Insurance,” “Extraordinary Expenses”) as needed.]
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment of Paternity
3.1.1 Mutual Acknowledgment. The Parties hereby affirm that Father is the biological and legal father of the Child.
3.1.2 Statutory Compliance. The Parties have executed, or shall simultaneously execute, the Acknowledgment in strict conformity with N.D. Cent. Code § 14-20-11.
3.1.3 Binding Effect. Upon filing, the Acknowledgment shall establish paternity with the same force and effect as a judicial determination, subject only to rescission or challenge as permitted under N.D. Cent. Code §§ 14-20-12 to 14-20-13.
3.2 Filing & Recordation
3.2.1 Vital Records Filing. Within five (5) business days after execution, the Parties shall jointly cause the Acknowledgment to be filed with the State Registrar of Vital Records.
3.2.2 Birth Certificate Amendment. Upon acceptance of the Acknowledgment, the Parties shall cooperate in amending the Child’s birth certificate to reflect Father’s paternity.
3.3 Genetic Testing
3.3.1 Right to Testing Prior to Filing. Either Party may demand a Genetic Test at any time prior to filing the Acknowledgment.
3.3.2 Waiver of Right. By electing not to request Genetic Testing prior to filing, the requesting Party waives such right unless otherwise provided by the Act.
3.3.3 Contest After Filing. Any contest to paternity based on Genetic Testing shall be governed by the Act and must be commenced within the statutory period (currently sixty (60) days from the effective date of the Acknowledgment unless extended by law).
[// GUIDANCE: Counsel may wish to insert detailed testing logistics, cost allocation, and lab accreditation requirements.]
3.4 Child Support & Related Financial Obligations
3.4.1 Guidelines Application. Father shall pay child support in accordance with the Child Support Guidelines in the amount of $[SUPPORT AMOUNT] per month, commencing on [COMMENCEMENT DATE] and continuing until modified by agreement of the Parties or order of a court of competent jurisdiction.
3.4.2 Cost-of-Living Adjustment. The support amount shall be automatically reviewed every [X] years and adjusted in accordance with the then-current Child Support Guidelines.
3.4.3 Retroactive Support. Support owed from the Child’s birth through the Effective Date is hereby fixed at $[RETROACTIVE AMOUNT] and shall be paid as follows: [PAYMENT TERMS].
3.4.4 Child-Related Expenses. The Parties shall share uninsured medical, dental, vision, and agreed-upon extraordinary expenses in the following proportions: Mother [] %, Father [] %.
3.4.5 Cap on Liability. Except as otherwise required by law, Father’s financial liability shall not exceed obligations calculated under the Child Support Guidelines plus agreed-upon extraordinary expenses.
3.5 Custody, Decision-Making & Parenting Time
3.5.1 Best Interests Standard. The Parties acknowledge that any custodial arrangement must serve the Child’s best interests as defined under North Dakota law.
3.5.2 Legal Custody. The Parties agree to [JOINT/PRIMARY] decision-making authority.
3.5.3 Physical Placement Schedule. Father shall have parenting time as set forth in the Parenting Plan attached hereto as Schedule B.
3.5.4 Modification. The Parenting Plan may be modified by written agreement or by court order upon a showing of changed circumstances.
3.6 Health Care & Insurance
Father shall maintain comprehensive health insurance for the Child so long as it is available at a reasonable cost. Proof of coverage shall be provided to Mother within thirty (30) days of the Effective Date and on each policy renewal.
3.7 Tax Matters
Unless otherwise agreed in writing or ordered by a court, Mother shall be entitled to claim the federal and state income-tax dependency exemption for the Child. Father may claim the exemption in any year in which he is current on all child-support obligations and receives a signed IRS Form 8332 from Mother.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority & Capacity. Each Party represents that he or she is at least eighteen (18) years of age, competent, and has full legal capacity to execute this Agreement and the Acknowledgment.
4.2 Truthfulness. Each Party represents that all statements contained herein and in the Acknowledgment are true and complete to the best of his or her knowledge.
4.3 No Conflicting Agreements. Each Party represents that no other acknowledgment or adjudication of paternity regarding the Child exists.
4.4 Survival. The representations and warranties in this Section 4 survive execution and filing of the Acknowledgment.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. The Parties shall execute and deliver all documents and take all actions reasonably necessary to effectuate the purposes of this Agreement.
5.2 Non-Revocation. Except as expressly allowed under the Act, neither Party shall attempt to rescind or contest the Acknowledgment.
5.3 Notice of Address Change. A Party shall notify the other in writing within ten (10) days of any change of residential or mailing address.
5.4 Good-Faith Negotiation. The Parties shall attempt to resolve child-related disputes through good-faith negotiation prior to seeking judicial intervention.
6. DEFAULT & REMEDIES
6.1 Events of Default. A Party is in default if he or she:
(a) Fails to timely pay child support or other amounts due;
(b) Fails to comply with the Parenting Plan; or
(c) Materially breaches any covenant under this Agreement.
6.2 Cure Period. Except for support payments (which are immediately enforceable), the non-defaulting Party shall provide written notice and a ten (10) day opportunity to cure before seeking enforcement.
6.3 Remedies.
(i) Support Enforcement. The non-defaulting Party may seek wage withholding, contempt sanctions, or any remedy available under the Act or Title 14 of the N.D. Cent. Code.
(ii) Injunctive Relief. The Parties acknowledge that violations of custody or support obligations may cause irreparable harm; equitable relief is therefore appropriate and expressly preserved.
(iii) Attorney’s Fees. The prevailing Party in any enforcement action shall be entitled to reasonable attorney’s fees and costs.
7. RISK ALLOCATION
7.1 Indemnification. No mutual indemnification is provided; each Party bears his or her own risks except as otherwise stated herein.
7.2 Limitation of Liability. Financial liability is limited to child-support and related obligations expressly stated in Section 3.4 or mandated by law.
7.3 Force Majeure. Failure to comply with non-monetary obligations (other than child support) is excused to the extent caused by events beyond a Party’s reasonable control; the affected Party shall promptly notify the other and resume performance when possible.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and the Acknowledgment are governed by the laws of the State of North Dakota, without regard to its conflict-of-laws rules.
8.2 Exclusive Forum. Any proceeding arising out of or relating to this Agreement shall be filed exclusively in the district court (family-division) of [COUNTY], North Dakota.
8.3 Arbitration. The Parties agree that arbitration is unavailable for matters governed by this Agreement.
8.4 Jury Waiver. The Parties acknowledge that family-law matters in North Dakota are decided by the court without a jury; accordingly, no jury trial right exists or is waived herein.
8.5 Injunctive Relief. Nothing herein limits a Party’s right to seek temporary or permanent injunctive relief for support enforcement or protection of the Child’s welfare.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. No amendment or waiver is effective unless in writing and signed by both Parties or ordered by a court of competent jurisdiction. A waiver on one occasion is not a waiver on any other occasion.
9.2 Assignment. Parental rights and obligations are personal and may not be assigned.
9.3 Successors & Assigns. This Agreement binds and inures 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 remainder shall remain in full force, and the court shall reform the invalid provision to the minimum extent necessary to effectuate the Parties’ intent.
9.5 Entire Agreement. This Agreement, together with the Acknowledgment and Schedules, constitutes the entire understanding of the Parties with respect to the subject matter and supersedes all prior agreements or understandings, oral or written.
9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Electronic signatures and notarizations in compliance with North Dakota law are valid and binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
MOTHER:
[MOTHER LEGAL NAME]
Date: _______
FATHER:
[FATHER LEGAL NAME]
Date: _______
NOTARIZATION
State of North Dakota )
County of ____ ) ss.
On this _ day of _, 20__, before me, a Notary Public in and for said county and state, personally appeared [MOTHER LEGAL NAME] and [FATHER LEGAL NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My commission expires: _______
11. SCHEDULES
Schedule A – North Dakota “Acknowledgment of Paternity” (executed original)
Schedule B – Parenting Plan / Physical Placement Schedule
Schedule C – Child-Support Calculation Worksheet
[// GUIDANCE:
1. File Schedule A with Vital Records; retain a certified copy.
2. Consider filing this Agreement with the district court to obtain a stipulated order incorporating its terms.
3. Review and update support figures in Schedule C whenever there is a material income change or at least every two years.]