VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
AND PARENTING AGREEMENT
(State of New Hampshire)
[// GUIDANCE: This template is designed for use by licensed New Hampshire family-law practitioners. Review carefully for client-specific facts, judicial preferences, and any statutory changes prior to execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Acknowledgment of Paternity
3.2 Filing & Vital Records Compliance
3.3 Right of Rescission / Challenge
3.4 Genetic Testing
3.5 Parenting Responsibilities
3.6 Child Support & Related Financial Obligations
3.7 Health-Care Coverage & Uninsured Expenses
3.8 Tax Dependency & Related Credits
3.9 Life Insurance - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1 DOCUMENT HEADER
Agreement Title: Voluntary Acknowledgment of Paternity and Parenting Agreement (this “Agreement”)
Effective Date: [EFFECTIVE DATE]
Parties:
a. “[MOTHER]” [Full Legal Name], residing at [ADDRESS]
b. “[FATHER]” [Full Legal Name], residing at [ADDRESS]
c. “[CHILD]” [Full Legal Name], born on [DOB] in [CITY/COUNTY], New Hampshire
Governing Law: The internal laws of the State of New Hampshire applicable to paternity, child support, and family matters (“State Paternity Law”).
Forum Selection: Exclusive jurisdiction and venue in the [COUNTY] Family Division of the Circuit Court for the State of New Hampshire (“State Family Court”).
Consideration: The mutual promises herein, including but not limited to the Parties’ desire to establish legal paternity, allocate parental rights and responsibilities, and ensure financial support for the Child, constitute good and valuable consideration.
2 DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below.
“Acknowledgment” means the statutory voluntary acknowledgment of paternity form prescribed by the New Hampshire Division of Vital Records Administration, executed concurrently with this Agreement.
“Agreement” has the meaning set forth in the Document Header.
“Child Support Guidelines” means the guidelines periodically issued under New Hampshire law for determining child support obligations.
“Court” means the State Family Court.
“Effective Date” has the meaning set forth in the Document Header.
“Genetic Testing” means legally admissible deoxyribonucleic acid (DNA) parentage testing conducted by a laboratory accredited by the AABB or its successor.
“Health-Care Coverage” means major medical, dental, vision, and prescription drug insurance plans.
“Parenting Plan” means the schedule of residential responsibility, decision-making authority, holiday allocations, and related parenting provisions set forth in Section 3.5.
[// GUIDANCE: Add or delete definitions as necessary for additional negotiated terms.]
3 OPERATIVE PROVISIONS
3.1 Acknowledgment of Paternity
a. Father freely and voluntarily affirms that he is the biological parent of the Child.
b. Mother affirms that Father is the biological parent of the Child.
c. The Parties acknowledge that execution of the Acknowledgment creates a legal parent-child relationship with all attendant rights and obligations, including support, inheritance, and decision-making.
3.2 Filing & Vital Records Compliance
a. Simultaneously with execution, the Parties shall complete, notarize, and file the Acknowledgment with the New Hampshire Division of Vital Records Administration.
b. Father shall bear any administrative fees associated with filing.
c. Upon acceptance, the Child’s birth record shall be amended to reflect Father’s paternity.
3.3 Right of Rescission / Challenge
a. Either Party may rescind the Acknowledgment within sixty (60) calendar days after the Effective Date by filing a signed, notarized rescission with the Division of Vital Records and serving written notice on the other Party.
b. After the rescission period, an Acknowledgment may be challenged only on the basis of fraud, duress, or material mistake of fact, and only via a Court action commenced within the applicable statutory limitations period.
c. The contesting Party bears the burden of proof and may be ordered to pay costs, including Genetic Testing fees, if the challenge is unsuccessful.
3.4 Genetic Testing
a. Prior to the expiration of the rescission period, either Party may obtain Genetic Testing at that Party’s sole cost.
b. If testing excludes Father, the Parties shall jointly execute a rescission, and this Agreement shall be null and void ab initio.
c. If testing confirms paternity, the testing costs shall be treated as a Child-related expense subject to allocation under Section 3.7.
3.5 Parenting Responsibilities
a. The Parties adopt the Parenting Plan set forth in Exhibit A.
b. The Parenting Plan shall be incorporated, but not merged, into any future Court order.
c. Modifications require (i) mutual written agreement, or (ii) Court order based on a material change in circumstances and the Child’s best interests.
3.6 Child Support & Related Financial Obligations
a. Father shall pay guideline child support in the initial amount of $[AMOUNT] per week, commencing [START DATE], subject to statutory withholding and future adjustment in accordance with the Child Support Guidelines.
b. Support shall continue until the Child reaches the age of majority, is emancipated, or as otherwise ordered by the Court.
c. Retroactive support, if any, is addressed in Exhibit B.
[// GUIDANCE: Confirm calculations using the most current NH Child Support Guidelines worksheet. Attach completed worksheet to Exhibit B.]
3.7 Health-Care Coverage & Uninsured Expenses
a. [PARTY] shall maintain primary Health-Care Coverage for the Child.
b. Uninsured medical, dental, vision, orthodontic, mental-health, and prescription expenses shall be shared [PERCENTAGE SPLIT].
c. Reimbursement shall occur within thirty (30) days of documented request.
3.8 Tax Dependency & Related Credits
Unless otherwise modified by Court order or federal tax law, the Parties agree that the Child’s federal income-tax dependency exemption and any eligible child-related tax credits shall be claimed as follows:
Year Claimant
Even-numbered Father
Odd-numbered Mother
[// GUIDANCE: Coordinate with IRS Form 8332 requirements.]
3.9 Life Insurance
Father shall maintain life insurance in the face amount of not less than $[AMOUNT], designating the Child as irrevocable beneficiary, until the Child’s obligation-terminating event under Section 3.6(b).
4 REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each Party represents that he or she is of legal age, has full capacity, and is not under any legal disability.
4.2 Voluntariness. Each Party signs this Agreement freely, knowingly, and without duress or undue influence.
4.3 Disclosure. Each Party has fully disclosed all material information relevant to paternity and financial ability to support the Child.
4.4 Legal Advice. Each Party has had the opportunity to obtain independent legal counsel and acknowledges that the other Party’s counsel does not represent him or her.
4.5 Accuracy of Information. All information supplied herein and in the Acknowledgment is true, correct, and complete to the best of each Party’s knowledge.
[// GUIDANCE: Consider attaching financial affidavits if required by local practice.]
5 COVENANTS & RESTRICTIONS
5.1 Good-Faith Cooperation. The Parties shall act in good faith to effectuate the purposes of this Agreement and to promote the Child’s welfare.
5.2 Non-Interference. Neither Party shall impede the Child’s relationship with the other Party absent Court order.
5.3 Address & Employment Updates. Each Party shall provide the other with written notice of any change of residential address, email address, telephone number, or place of employment within seven (7) days of such change.
5.4 Relocation. Any intended relocation of the Child’s primary residence beyond [MILES] miles or across state lines requires sixty (60) days’ advance written notice and compliance with applicable relocation statutes.
6 DEFAULT & REMEDIES
6.1 Events of Default. The following constitute an “Event of Default”:
a. Failure to pay child support or reimburse expenses when due;
b. Violation of the Parenting Plan without good cause;
c. Failure to maintain required insurance; or
d. Breach of any material covenant herein.
6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have ten (10) days to cure monetary defaults and thirty (30) days to cure non-monetary defaults, unless an expedited remedy is required to protect the Child.
6.3 Remedies. Upon uncured default, the non-defaulting Party may seek:
a. Immediate wage assignment, liens, or contempt proceedings for support enforcement;
b. Modification of parenting time;
c. Attorneys’ fees and costs; and
d. Any other relief available under State Paternity Law.
7 RISK ALLOCATION
7.1 Indemnification. Not applicable pursuant to metadata parameters.
7.2 Limitation of Liability. Each Party’s monetary liability under this Agreement is limited to (i) amounts required for child support and related obligations expressly assumed herein, and (ii) the costs of enforcement, including reasonable attorneys’ fees awarded by the Court.
7.3 Force Majeure. Performance of monetary obligations is not excused by force majeure events; however, temporary inability to exercise parenting time due to circumstances beyond a Party’s control shall be addressed cooperatively and in the Child’s best interests.
8 DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and all disputes arising hereunder shall be governed by State Paternity Law without regard to conflict-of-law principles.
8.2 Exclusive Forum. The Parties irrevocably submit to the exclusive jurisdiction of the State Family Court.
8.3 Arbitration. Not available for matters governed by the jurisdiction of the Family Division.
8.4 Jury Waiver. Matters shall be heard without a jury consistent with family-court practice.
8.5 Injunctive Relief. The Court may issue temporary or permanent orders to enforce child support, parenting time, or any other provision necessary to protect the Child’s welfare.
9 GENERAL PROVISIONS
9.1 Amendments. Any amendment must be in a writing executed by both Parties and, where required, approved by the Court.
9.2 Waiver. Waiver of any breach shall not constitute waiver of a subsequent breach.
9.3 Assignment. Parental rights and responsibilities are personal and may not be assigned.
9.4 Successors & Assigns. This Agreement binds the Parties’ heirs, executors, administrators, and permitted assigns.
9.5 Severability. If any provision is held unenforceable, the remainder shall be given full force, and the unenforceable provision shall be reformed to the minimum extent necessary.
9.6 Integration. This Agreement, together with the Acknowledgment and any attached exhibits, constitutes the entire agreement of the Parties on the subject matter and supersedes all prior negotiations.
9.7 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) are binding.
9.8 Headings. Section headings are for convenience only and do not affect interpretation.
10 EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| ______ | ______ |
| [MOTHER NAME], Mother | Date |
| ______ | ______ |
| [FATHER NAME], Father | Date |
NOTARIZATION
State of New Hampshire County of ____
On this _ day of __, 20____, before me, the undersigned notary public, personally appeared [MOTHER NAME] and [FATHER NAME], proved to me through satisfactory evidence of identification, and acknowledged that they executed this Voluntary Acknowledgment of Paternity and Parenting Agreement as their free act and deed.
Notary Public
My Commission Expires: ____
EXHIBIT A
PARENTING PLAN
[Attach detailed schedule in compliance with NH Family Division form guidelines.]
EXHIBIT B
CHILD SUPPORT GUIDELINES WORKSHEET & RETROACTIVE SUPPORT CALCULATION
[Attach completed worksheet and any payment schedule.]
[// GUIDANCE: Remember to file the executed Acknowledgment form with Vital Records and submit a certified copy of this Agreement to the Court if judicial confirmation is sought.]