Paternity Agreement

VOLUNTARY ACKNOWLEDGMENT OF PATERNITY AGREEMENT

(State of New York)

I. DOCUMENT HEADER

1. Title & Parties
This Voluntary Acknowledgment of Paternity Agreement (this “Agreement”) is entered into by and between:
(a) [FULL LEGAL NAME OF MOTHER], an individual residing at [ADDRESS] (“Mother”); and
(b) [FULL LEGAL NAME OF FATHER], an individual residing at [ADDRESS] (“Father”).

Collectively, Mother and Father are referred to as the “Parties.”

2. Child Identifying Information
• Name of Child: [FULL NAME AS IT APPEARS/SHOULD APPEAR ON BIRTH CERTIFICATE]
• Date of Birth: [DOB]
• Place of Birth: [HOSPITAL/CITY/COUNTY, NEW YORK]

3. Effective Date & Governing Jurisdiction
This Agreement becomes effective upon the date on which it is last signed and notarized (the “Effective Date”) and shall be governed by the laws of the State of New York, without regard to conflicts‐of‐law principles.

4. Recitals
WHEREAS, Mother gave birth to the Child on the Date of Birth stated above;
WHEREAS, Father asserts and Mother affirms that Father is the biological parent of the Child;
WHEREAS, the Parties desire voluntarily to establish the paternity of the Child pursuant to N.Y. Pub. Health Law § 4135-b; and
WHEREAS, each Party has been advised of, and knowingly waives or elects, the statutory rights detailed herein;

NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

II. DEFINITIONS

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below:

“Agreement” has the meaning assigned in Section I.
“Child” means the minor identified in Section I.2.
“CSSA” means the Child Support Standards Act codified at N.Y. Fam. Ct. Act § 413.
“Family Court” means the Family Court of the State of New York having jurisdiction over matters relating to the Child.
“Genetic Testing” means DNA testing conducted pursuant to N.Y. Dom. Rel. Law § 73.
“Registrar” means the local registrar of vital statistics for the locality where the Child’s birth certificate is or will be filed.

III. OPERATIVE PROVISIONS

3.1 Acknowledgment and Establishment of Paternity

(a) Father irrevocably acknowledges that he is the biological and legal parent of the Child.
(b) Mother concurs and joins in this acknowledgment.
(c) Upon the Effective Date and completion of filing under Section 3.3, this Agreement shall constitute a conclusive determination of paternity in accordance with N.Y. Pub. Health Law § 4135-b, subject only to the rescission provisions of Section 3.4.

3.2 Rights to Counsel and Genetic Testing

(a) Each Party represents that he or she:
(i) has been advised of the right to seek independent legal counsel prior to signing; and
(ii) understands the right to request Genetic Testing before signing this Agreement.
(b) [SELECT ONE]
• □ Waiver of Genetic Testing. Each Party knowingly and voluntarily waives Genetic Testing.
• □ Condition Precedent. The Parties shall submit to Genetic Testing within [NUMBER] days; this Agreement shall be null and void if testing does not confirm paternity.

3.3 Filing with Registrar

Within five (5) business days after the Effective Date, Mother and Father shall deliver an original, fully executed counterpart of this Agreement to the Registrar for filing and for amendment of the Child’s birth certificate to list Father as parent.

3.4 Rescission Period; Challenge

(a) Either Party may rescind this Agreement by delivering written notice of rescission to the Registrar within sixty (60) days following the Effective Date (the “Rescission Period”).
(b) After the Rescission Period, this Agreement may be challenged only on the grounds of fraud, duress, or material mistake of fact, as provided in N.Y. Pub. Health Law § 4135-b(3).

3.5 Child Support & Financial Obligations

(a) Father acknowledges that, upon the Effective Date (or earlier, if ordered by a court), he incurs a legal duty of support for the Child pursuant to the CSSA.
(b) The Parties recognize that only a court may issue a binding child support order and that such order will be calculated under the CSSA, subject to deviations permitted by law.
(c) Nothing herein limits the authority of the Family Court to issue support, custody, or visitation orders.

3.6 Medical Support and Health Insurance

Father agrees to:
(i) provide and maintain health insurance for the Child if available at a reasonable cost through his employment or other group plan; or
(ii) in the absence of such coverage, contribute to the cost of public or private health insurance for the Child as ordered by the Family Court.

3.7 Custody and Parenting Time

3.8 Birth Certificate Amendment

Mother authorizes the Registrar to issue an amended birth certificate naming Father as parent. Father shall bear any statutory fee for reissuance.

IV. REPRESENTATIONS & WARRANTIES

4.1 Each Party represents and warrants that:
(a) He or she is at least eighteen (18) years of age and has full legal capacity to execute this Agreement;
(b) He or she is signing voluntarily, without coercion, fraud, or duress;
(c) No other person has been judicially determined to be the parent of the Child;
(d) Mother was not legally married to another individual at the time of the Child’s conception or birth, or, if married, the spouse has executed a duly sworn denial of paternity attached hereto as Exhibit [A]; and
(e) All information provided herein is true, complete, and accurate to the best of the Party’s knowledge.

4.2 Survival
The representations and warranties set forth in this Article IV shall survive execution and filing of this Agreement.

V. COVENANTS & RESTRICTIONS

5.1 Cooperation
Each Party covenants to execute such additional documents and take such further actions as may be reasonably necessary to effectuate the purposes of this Agreement, including court filings and appearances.

5.2 Notice Obligations
Each Party shall promptly notify the other of any legal proceeding relating to the Child, including but not limited to adoption, custody, or support actions, within five (5) days of receiving notice thereof.

5.3 No Assignment
No Party may assign or delegate any rights or obligations arising under this Agreement.

VI. DEFAULT & REMEDIES

6.1 Events of Default
The following constitute an “Event of Default”:
(a) Any material misrepresentation in this Agreement;
(b) Failure to comply with filing obligations under Section 3.3; or
(c) Failure to comply with a court order relating to the Child.

6.2 Cure Period
Except where immediate relief is required to protect the best interests of the Child, the non-defaulting Party shall provide written notice of default and a ten (10) day opportunity to cure.

6.3 Remedies
(a) Specific Performance. The Parties acknowledge that monetary damages are inadequate; therefore, each Party shall be entitled to specific performance or injunctive relief to enforce this Agreement.
(b) Attorney’s Fees. The prevailing Party in any enforcement action shall be entitled to reasonable attorney’s fees and costs, subject to Family Court approval.

VII. RISK ALLOCATION

7.1 Limitation of Liability
Except for obligations arising under applicable child support laws or as otherwise ordered by a court, no Party shall be liable to the other for incidental, consequential, or punitive damages arising out of this Agreement.

7.2 Force Majeure
Performance deadlines (but not statutory filing deadlines) shall be tolled for the duration of any force majeure event that makes timely performance impossible, provided the affected Party gives prompt written notice.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement and any dispute arising hereunder shall be governed by the laws of the State of New York.

8.2 Forum Selection
Any proceeding related to paternity, custody, visitation, or child support shall be brought exclusively in the Family Court located in [COUNTY], New York.

8.3 Jury Waiver
The Parties acknowledge that Family Court proceedings are heard without a jury and expressly waive any right to trial by jury to the fullest extent permitted by law.

8.4 Injunctive Relief
Nothing in this Agreement shall limit a Party’s right to seek immediate injunctive relief in Family Court to enforce child support or to protect the welfare of the Child.

8.5 Arbitration
Arbitration is not available for matters governed by this Agreement.

IX. GENERAL PROVISIONS

9.1 Entire Agreement
This Agreement constitutes the entire understanding between the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral.

9.2 Amendments
No amendment or modification shall be effective unless in writing, signed by both Parties, and filed with the Registrar (if required by law).

9.3 Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to the minimum extent necessary to render it enforceable.

9.4 Waiver
No waiver of any term shall be deemed a continuing waiver or a waiver of any other term.

9.5 Counterparts; Electronic Signatures
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. Signatures delivered by electronic means shall have the same legal effect as originals, subject to notarial requirements stated below.

9.6 Successors and Assigns
This Agreement shall inure to the benefit of, and be binding upon, the Parties and their respective heirs, legal representatives, and permitted assigns.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Voluntary Acknowledgment of Paternity Agreement as of the dates set forth below.

Mother

_____________________________
[NAME OF MOTHER]
Date: ________________________

Father

_____________________________
[NAME OF FATHER]
Date: ________________________

NOTARY ACKNOWLEDGMENT

State of New York )
County of __________ ) ss.:

On the ___ day of __________, 20__, before me, the undersigned, personally appeared __________________________ (Mother) and __________________________ (Father), personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.

_____________________________
Notary Public, State of New York
My Commission Expires: __________