VOLUNTARY PATERNITY ACKNOWLEDGMENT
AND PARENTING AGREEMENT
(State of New Mexico)
[// GUIDANCE: This template is drafted for use by New Mexico practitioners. Before execution, confirm that the statutory form “Acknowledgment of Parentage” prescribed by the New Mexico Bureau of Vital Records & Health Statistics is completed and filed. This agreement is intended to supplement—not replace—that statutory form.]
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 Parties.
This Voluntary Paternity Acknowledgment and Parenting Agreement (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
a. [MOTHER’S FULL LEGAL NAME], an individual residing at [ADDRESS] (“Mother”); and
b. [FATHER’S FULL LEGAL NAME], an individual residing at [ADDRESS] (“Father”).
Mother and Father may be referred to 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.
B. The Parties wish voluntarily to acknowledge Father’s paternity pursuant to the New Mexico Uniform Parentage Act, N.M. Stat. Ann. § 40-11A-301 et seq., and to set forth their respective rights and obligations concerning support, custody, and related matters.
C. Adequate consideration, including mutual promises herein, supports this Agreement.
1.3 Identification of Child.
Name: [CHILD’S FULL LEGAL NAME]
Date of Birth: [DOB]
Place of Birth: [CITY, COUNTY, NM]
1.4 Governing Law & Forum.
This Agreement is governed by the domestic-relations laws of the State of New Mexico (“State”), and any proceeding arising hereunder shall be filed exclusively in the [COUNTY] District Court, Family Division (“Court”).
2. DEFINITIONS
Unless otherwise specified, capitalized terms have the following meanings:
“Agreement” – This Voluntary Paternity Acknowledgment and Parenting Agreement, as amended.
“Acknowledgment” – The statutory “Acknowledgment of Parentage” filed with the State Registrar of Vital Records pursuant to § 40-11A-301.
“Child Support Guidelines” – The child-support computation guidelines codified at N.M. Stat. Ann. § 40-4-11.1 and corresponding regulations.
“Genetic Test” – DNA test conducted by an accredited laboratory in accordance with § 40-11A-505.
“Parenting Plan” – The custody/visitation schedule attached as Exhibit A or later agreed by written amendment.
3. OPERATIVE PROVISIONS
3.1 Acknowledgment of Paternity.
a. Each Party affirms that Father is the biological and legal parent of the Child.
b. The Parties shall complete and file the Acknowledgment within five (5) business days after execution of this Agreement.
3.2 Genetic Testing.
a. Father [SELECT: has undergone / waives] a Genetic Test; evidence of results is attached as Exhibit B.
b. Upon execution and filing of the Acknowledgment, Father irrevocably waives further Genetic Testing absent court order.
3.3 Custody & Parenting Time.
a. Legal Custody: [JOINT / SOLE] legal custody as defined under N.M. Stat. Ann. § 40-4-9.1.
b. Physical Custody & Visitation: As set forth in the Parenting Plan.
c. Modification: Either Party may petition the Court for modification in the Child’s best interests.
3.4 Child Support.
a. Father shall pay child support in accordance with the Child Support Guidelines. The preliminary calculation is attached as Exhibit C.
b. Payments shall commence on [DATE] and be made [FREQUENCY] through the New Mexico Child Support Enforcement Division (“CSED”).
c. Health Insurance: [FATHER / MOTHER / BOTH] shall maintain comprehensive health insurance for the Child.
d. Extraordinary Expenses: Parties shall share unreimbursed medical, educational, and extracurricular expenses [PERCENTAGE SPLIT].
3.5 Birth Certificate & Name.
The Parties authorize the State Registrar to list Father on the Child’s birth certificate and to change the Child’s surname to [NEW SURNAME], if applicable.
3.6 Conditions Subsequent.
Failure to file the Acknowledgment within the statutory period, or rescission as permitted under § 40-11A-307, renders this Agreement voidable at the option of the non-defaulting Party.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Representations.
Each Party represents and warrants that:
a. They have full legal capacity to execute this Agreement;
b. No other individual claims paternity of the Child;
c. No prior court order disposes of paternity, custody, or support for the Child;
d. Information provided herein is true, complete, and not misleading.
4.2 Survival.
Representations and warranties survive execution and remain enforceable for the Child’s minority.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation with Government Agencies.
The Parties shall cooperate with CSED and any court-ordered investigations.
5.2 Non-Interference.
Neither Party shall impede the other’s rights under the Parenting Plan or disparage the other Party in the Child’s presence.
5.3 Notice of Material Changes.
A relocating Party shall provide at least thirty (30) days’ written notice prior to any move exceeding one hundred (100) miles from [CURRENT COUNTY].
6. DEFAULT & REMEDIES
6.1 Events of Default.
a. Failure to make timely child-support payments;
b. Violation of custody or visitation schedule;
c. Material breach of any covenant herein.
6.2 Cure Period.
The defaulting Party has ten (10) calendar days after written notice to cure monetary defaults and thirty (30) days to cure non-monetary defaults, unless impracticable.
6.3 Remedies.
a. Wage withholding, liens, and interception of tax refunds pursuant to state and federal law;
b. Contempt proceedings in the Court;
c. Modification or suspension of visitation until compliance;
d. Recovery of reasonable attorneys’ fees and costs incurred in enforcement.
7. RISK ALLOCATION
7.1 Indemnification.
[NOT APPLICABLE]
7.2 Limitation of Liability.
Except for statutory penalties, each Party’s financial liability under this Agreement is limited to obligations expressly stated herein and as may be imposed by the Court under the Child Support Guidelines.
7.3 Force Majeure.
A Party’s temporary inability to comply with visitation due to events beyond reasonable control (e.g., natural disasters, military deployment, public-health emergencies) is excused for the duration of such event, provided prompt written notice is given.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Agreement is construed under the laws of the State of New Mexico without regard to conflict-of-laws principles.
8.2 Exclusive Forum.
The Court retains exclusive subject-matter jurisdiction. The Parties waive any objection to venue.
8.3 Arbitration.
Arbitration is not available for matters arising under this Agreement.
8.4 Jury Waiver.
Proceedings in the Court are bench trials; a jury is unavailable in domestic-relations matters.
8.5 Injunctive Relief.
Nothing herein limits a Party’s right to seek immediate injunctive or ex parte relief from the Court to enforce support or protect the Child.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers.
Any amendment or waiver must be in writing, signed by both Parties, and approved by the Court to be effective.
9.2 Assignment.
Parental rights and obligations are personal and non-assignable.
9.3 Severability.
If any provision is held unenforceable, the remainder shall be enforced to the maximum extent permitted.
9.4 Entire Agreement.
This Agreement, together with the Acknowledgment and attached Exhibits, constitutes the entire understanding of the Parties regarding the subject matter and supersedes all prior discussions.
9.5 Counterparts; Electronic Signatures.
This Agreement may be executed in counterparts, each deemed an original. Electronic signatures have the same force as wet signatures under the New Mexico Uniform Electronic Transactions Act.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Party | Signature | Date |
|---|---|---|
| Mother | _______ | _____ |
| Father | _______ | _____ |
NOTARY ACKNOWLEDGMENT – MOTHER
State of New Mexico )
County of [COUNTY] ) ss.
On this ___ day of _, 20, before me, the undersigned Notary Public, personally appeared [MOTHER’S NAME], known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained.
Notary Public: ____
My Commission Expires: ______
NOTARY ACKNOWLEDGMENT – FATHER
State of New Mexico )
County of [COUNTY] ) ss.
On this ___ day of _, 20, before me, the undersigned Notary Public, personally appeared [FATHER’S NAME], known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained.
Notary Public: ____
My Commission Expires: ______
EXHIBITS
• Exhibit A – Parenting Plan
• Exhibit B – Genetic Test Results (if any)
• Exhibit C – Child Support Worksheet
[// GUIDANCE:
1. File the statutory Acknowledgment within the timeframe prescribed by § 40-11A-301 to ensure legal recognition of paternity.
2. Attach the mandatory child-support worksheet generated via the New Mexico Supreme Court–approved calculator.
3. Advise clients that either signatory may rescind the Acknowledgment within sixty (60) days or prior to the first court hearing, whichever occurs first, under § 40-11A-307.
4. Confirm compliance with all local filing and notice requirements before seeking court approval of custody or support terms.
]