VOLUNTARY PATERNITY ACKNOWLEDGMENT AGREEMENT

(State of Ohio)

[// GUIDANCE: This template is designed to accompany the Ohio Department of Health “Acknowledgment of Paternity Affidavit” and to provide the parties with a customized, private-law contract that allocates rights and obligations beyond the statutory form. Practitioners should confirm consistency with the most current version of the Ohio Revised Code, Chapter 3111, and all applicable administrative regulations before use.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

This Voluntary Paternity Acknowledgment Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [MOTHER LEGAL NAME], an individual residing at [ADDRESS] (“Mother”); and
2. [FATHER LEGAL NAME], an individual residing at [ADDRESS] (“Father”).

Mother and Father may be referred to herein individually as a “Party” and collectively as the “Parties.”

Recitals

A. Child. Mother gave birth to a child named [CHILD FULL LEGAL NAME] (the “Child”) on [DOB], in [COUNTY], Ohio.
B. Purpose. The Parties desire voluntarily to acknowledge Father as the biological and legal parent of the Child under Ohio law and to establish their respective rights and obligations concerning custody, parenting time, child support, and related matters.
C. Consideration. The mutual promises herein constitute good and valuable consideration, the receipt and sufficiency of which are acknowledged.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein, the Parties agree as follows:

II. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms have the meanings ascribed to them by applicable Ohio law.

“Acknowledgment” means the statutorily prescribed Ohio Department of Health Acknowledgment of Paternity Affidavit executed by the Parties contemporaneously with, or prior to, this Agreement.

“Child Support Guidelines” means the child-support calculation methodology established under then-current Ohio law and administratively updated schedules.

“Court” means the domestic relations or juvenile division of the [COUNTY] Court of Common Pleas having jurisdiction over matters involving the Child.

“Effective Date” has the meaning given in the Document Header.

“Genetic Testing” means DNA parentage testing conducted by an accredited laboratory in accordance with Ohio administrative regulations.

“Parenting Time Order” means any later court order allocating parenting time, companionship, or visitation.

III. OPERATIVE PROVISIONS

3.1 Acknowledgment of Paternity

(a) Father hereby acknowledges and affirms that he is the natural and legal father of the Child.
(b) Mother consents to such acknowledgment.
(c) The Parties shall execute and file the Acknowledgment with the Ohio Department of Health, Office of Vital Statistics, within [__] business days of the Effective Date.

3.2 Waiver or Reservation of Genetic Testing

(a) By execution of this Agreement, the Parties waive any right to compel Genetic Testing, except as provided in Section 3.2(b).
(b) Election Window. Either Party may rescind the Acknowledgment or demand Genetic Testing within sixty (60) days of the latest signature on the Acknowledgment, or prior to the first Court proceeding regarding the Child, whichever occurs first.

[// GUIDANCE: Ohio law currently permits rescission within 60 days; verify no statutory amendment has shortened or extended this period.]

3.3 Birth Certificate & Vital Statistics

Mother authorizes—and Father agrees to be—listed as father on the Child’s birth certificate. The Parties shall cooperate with the Office of Vital Statistics to amend the Certificate of Live Birth accordingly.

3.4 Custody & Parenting Time

(a) Status Quo. Unless and until further ordered by the Court, Mother shall retain sole residential and legal custody of the Child.
(b) Future Proceedings. Father reserves the right to petition the Court for shared parenting or allocation of parental rights and responsibilities pursuant to Ohio law.
(c) Mediation Encouraged. The Parties agree to participate in good-faith mediation prior to litigating any parenting-time disputes.

3.5 Child Support

(a) Initial Support Obligation. Father shall pay child support in accordance with the Child Support Guidelines. [PLACEHOLDER: INSERT dollar amount if pre-calculated, or state “to be determined by the Child Support Enforcement Agency.”]
(b) Payment Mechanics. Payments shall be made through the Ohio Child Support Payment Central (CSPC) unless otherwise ordered.
(c) Modification. Support may be modified upon a substantial change of circumstances or as otherwise provided by Ohio law.

3.6 Health Care Coverage & Uninsured Expenses

Father shall maintain health-care coverage for the Child if available at a reasonable cost. Uninsured medical, dental, and extracurricular expenses shall be allocated []% to Father and []% to Mother, unless modified by court order.

3.7 Tax Dependency Exemption

The Parties shall alternate the federal tax dependency exemption for the Child, commencing with tax year [YEAR] for [PARTY]. Execution of any IRS Form 8332 shall be provided upon reasonable request.

3.8 Life Insurance

Father shall maintain a term life insurance policy of not less than $[AMOUNT] naming the Child (or a trustee for the Child) as beneficiary for so long as a child-support obligation exists.

3.9 Notices

All notices required under this Agreement shall be in writing and delivered to the addresses set forth in the Document Header (or as updated in writing), by certified mail, return receipt requested, or by a nationally recognized overnight courier.

IV. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Party represents that he or she is at least eighteen (18) years of age and has full legal capacity to execute this Agreement.

4.2 No Duress. Each Party warrants that this Agreement is entered into voluntarily, without coercion, fraud, or undue influence.

4.3 Full Disclosure. Father represents that, to the best of his knowledge, he is the biological father of the Child; Mother represents that no other individual is presumed or alleged to be the Child’s father.

4.4 Legal Counsel. Each Party has had the opportunity to seek independent legal advice and either has done so or knowingly waives that right.

Survival

The representations and warranties herein survive execution of this Agreement and the Acknowledgment.

V. COVENANTS & RESTRICTIONS

5.1 Good-Faith Cooperation. The Parties shall cooperate in completing all documents and proceedings necessary to effectuate the intent of this Agreement.

5.2 Non-Disparagement. The Parties shall refrain from disparaging one another in the presence of the Child.

5.3 Relocation Notice. A relocating Party shall provide at least thirty (30) days’ prior written notice to the other Party and to the Court, in compliance with local rule.

VI. DEFAULT & REMEDIES

6.1 Events of Default
(a) Failure to pay child support when due;
(b) Material breach of Sections 3.4, 3.6, or 5.3;
(c) Willful misrepresentation of parentage.

6.2 Cure Period
Except with respect to child-support arrearage (which is immediately enforceable), the non-defaulting Party shall provide written notice and a ten (10) day opportunity to cure.

6.3 Remedies
(a) Enforcement through the Child Support Enforcement Agency (“CSEA”), wage withholding, interception of tax refunds, and any other statutory remedy;
(b) Contempt proceedings in the Court;
(c) Award of reasonable attorney’s fees and costs to the prevailing Party.

[// GUIDANCE: Ohio courts generally retain exclusive jurisdiction to enforce child-support and parenting-time obligations; arbitration of such matters is not permitted.]

VII. RISK ALLOCATION

7.1 Indemnification
Not applicable, as set forth in the governing metadata.

7.2 Limitation of Liability
Except for child-support obligations, no Party shall be liable for consequential or punitive damages arising from or relating to this Agreement.

7.3 Force Majeure
To the extent performance (other than payment of child support) is prevented by an event beyond a Party’s reasonable control, such performance is excused during the period of impossibility; provided, however, that the affected Party must promptly notify the other.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement, and any disputes arising hereunder, shall be governed by the substantive and procedural laws of the State of Ohio, without regard to conflicts-of-law principles.

8.2 Forum Selection
Exclusive jurisdiction and venue lie in the [COUNTY] Court of Common Pleas, Domestic Relations or Juvenile Division, as applicable (the “Family Court”).

8.3 Arbitration
Arbitration is not available for paternity, custody, or child-support issues under Ohio public policy; nothing herein shall be construed to compel arbitration of such matters.

8.4 Jury Waiver
The Parties acknowledge that proceedings concerning child-support or custody are heard without a jury under Ohio law.

8.5 Injunctive Relief
The Family Court retains authority to issue any appropriate injunctive or extraordinary relief to enforce support obligations or protect the Child’s welfare.

IX. GENERAL PROVISIONS

9.1 Amendment & 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 Court.

9.2 Assignment
Neither Party may assign or delegate rights or obligations under this Agreement without prior written consent of the other Party and, if required, approval of the Court.

9.3 Successors & 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 remainder shall nevertheless remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it valid and enforceable.

9.5 Integration
This Agreement, together with the Acknowledgment, constitutes the entire agreement between the Parties regarding the subject matter and supersedes all prior discussions or agreements.

9.6 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted electronically or by facsimile are binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

Notary Acknowledgment

State of Ohio )
County of __) ss:

On this ___ day of ____, 20__, before me, a Notary Public in and for said State, personally appeared [MOTHER NAME] and [FATHER 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.

Witness my hand and official seal.

Notary Public
My Commission Expires: ____

[// GUIDANCE: Verify county-specific notarial block requirements and whether separate notarizations are advisable under local practice.]