Voluntary Paternity Acknowledgment and Parenting Agreement
State of Oklahoma
[// GUIDANCE: This template is designed for use by licensed Oklahoma attorneys. Customize all bracketed fields, review statutory citations for currency, and ensure compliance with local court rules prior to execution.]
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
This Voluntary Paternity Acknowledgment and Parenting Agreement (the “Agreement”) is entered into effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
- [MOTHER FULL LEGAL NAME], an individual residing at [ADDRESS] (“Mother”); and
- [FATHER FULL LEGAL NAME], an individual residing at [ADDRESS] (“Father”).
Recitals
A. The Child, [CHILD’S FULL LEGAL NAME] (the “Child”), was born on [DOB] in [COUNTY, OKLAHOMA].
B. Mother and Father desire voluntarily to establish Father’s legal paternity of the Child pursuant to Okla. Stat. tit. 10, §§ 7700-301 et seq. and to set forth their respective rights and obligations, including child support calculated under the Oklahoma Child Support Guidelines, Okla. Stat. tit. 43, § 118 et seq.
C. In consideration of the mutual covenants herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below. Terms defined in one Section shall have the same meaning throughout the Agreement unless otherwise indicated.
“Acknowledgment” means the statutory Acknowledgment of Paternity executed pursuant to Okla. Stat. tit. 10, §§ 7700-302 to -315.
“Child Support Guidelines” or “Guidelines” means the Oklahoma Child Support Guidelines codified at Okla. Stat. tit. 43, § 118 et seq.
“District Court” means the District Court of [COUNTY] County, State of Oklahoma, Family Division.
“Genetic Test” means DNA testing compliant with Okla. Stat. tit. 10, §§ 7700-501 et seq.
“Party” or “Parties” means, individually, Mother or Father, and collectively, Mother and Father.
“Support Order” means any current or future order of the District Court or Oklahoma Department of Human Services Child Support Services (“CSS”) setting child support or related obligations.
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment of Paternity
(a) Father hereby declares, and Mother affirms, that Father is the natural and biological parent of the Child.
(b) Concurrently with—or immediately following—execution of this Agreement, the Parties shall execute the statutory Acknowledgment before a notary public and file it with the State Registrar of Vital Statistics within the period required by Okla. Stat. tit. 10, § 7700-309.
3.2 Genetic Testing
(a) Right to Test. Each Party acknowledges the right under Okla. Stat. tit. 10, § 7700-305 to request a Genetic Test before signing the Acknowledgment.
(b) Election.
☐ Father waives Genetic Testing.
☐ Parties shall obtain a Genetic Test within [___] days; costs allocated [50/50 or other].
(c) Challenge Window. The Parties understand that after 60 days from filing the Acknowledgment, it may be rescinded only upon proof of fraud, duress, or material mistake of fact per Okla. Stat. tit. 10, § 7700-307.
3.3 Parental Rights & Responsibilities
Upon filing of the Acknowledgment, Father shall possess all legal rights and assume all duties incident to parentage under Oklahoma law, including but not limited to: custody, decision-making, inheritance, support, and the right to seek court-ordered parenting time.
3.4 Child Support
(a) Guideline Calculation. Child support shall be calculated in accordance with the Guidelines based on current income disclosures attached hereto as Schedule A.
(b) Payment Method. Support shall be paid [monthly/bi-weekly] via income withholding through CSS unless otherwise ordered.
(c) Health Insurance. Father [shall/shall not] provide health insurance; allocation of uncovered medical expenses shall be []% Mother / % Father.
(d) Adjustment. The Parties shall exchange updated financial information annually and recalculate support as necessary.
3.5 Parenting Time & Decision-Making
[// GUIDANCE: Insert detailed parenting plan or reference to attached Schedule B.]
3.6 Tax Matters
Unless modified by court order, the Parties agree that the federal dependency exemption for the Child shall be claimed in tax years [odd/even] by [Mother/Father], conditioned on full compliance with child support.
3.7 Conditions Precedent
Execution, notarization, and filing of the Acknowledgment is a condition precedent to the enforceability of Sections 3.3–3.6.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Representations
(a) Legal Capacity; age of majority; no guardianship required.
(b) No other person is a presumed father of the Child under Okla. Stat. tit. 10, § 7700-204.
(c) No pending adoption or other legal proceeding affecting parentage or custody, except [describe or “none”].
(d) Information provided for support calculation is complete and accurate.
4.2 Survival
All representations and warranties survive execution and filing of the Acknowledgment.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants
(a) Timely cooperate with CSS and the District Court regarding support enforcement.
(b) Provide written notice of any change in residence, employment, or contact information within 30 days.
5.2 Negative Covenants
Neither Party shall create or permit any act inconsistent with the other Party’s legal parentage or custodial rights without court approval.
5.3 Cure Period
Upon written notice of breach, the breaching Party has 15 days to cure before remedies in Section 6 attach.
6. DEFAULT & REMEDIES
6.1 Events of Default
(a) Failure to pay support as required;
(b) Interference with court-ordered parenting time;
(c) Material misrepresentation in financial disclosures.
6.2 Remedies
(a) Statutory enforcement through CSS, including income withholding, intercepts, license suspension, and contempt.
(b) Injunctive relief to preserve custodial rights.
(c) Recovery of reasonable attorneys’ fees and costs per Okla. Stat. tit. 43, § 110.
7. RISK ALLOCATION
7.1 Indemnification
Not applicable; each Party’s obligations are personal statutory duties.
7.2 Limitation of Liability
Each Party’s financial liability under this Agreement is limited to amounts mandated by the Guidelines and any court-ordered arrearages, interest, and statutory penalties (“Child Support Obligations”). Consequential or punitive damages are expressly disclaimed.
7.3 Force Majeure
Temporary inability to pay support due to catastrophic events shall not suspend statutory support but constitutes grounds for modification proceedings.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement is governed by the laws of the State of Oklahoma, without regard to conflict-of-laws principles.
8.2 Exclusive Forum
Any action related to this Agreement or the Acknowledgment shall be filed exclusively in the District Court.
8.3 Arbitration
Arbitration is not available for disputes involving child support, custody, or visitation.
8.4 Jury Waiver
Pursuant to local practice in family-law matters, jury trial is unavailable; the Parties acknowledge bench trial jurisdiction.
8.5 Injunctive Relief
Nothing herein limits a Party’s right to seek immediate injunctive or emergency relief to enforce support or protect the Child’s welfare.
9. GENERAL PROVISIONS
9.1 Amendments
Must be in a writing signed, notarized, and filed with the District Court to be enforceable.
9.2 Assignment
Parental rights and obligations are personal and non-assignable.
9.3 Successors & Assigns
This Agreement binds the Parties and their heirs, legal representatives, and permitted assigns.
9.4 Severability
If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted.
9.5 Integration
This Agreement, the Acknowledgment, and any schedules constitute the entire agreement regarding paternity, support, and parenting of the Child.
9.6 Counterparts; Electronic Signatures
May be executed in counterparts, each deemed an original. Electronic signatures carry full legal effect under the Oklahoma Uniform Electronic Transactions Act.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date.
| Mother | Father |
|---|---|
| _______ | _______ |
| [MOTHER NAME] | [FATHER NAME] |
| Date: ______ | Date: ______ |
NOTARIAL ACKNOWLEDGMENT
State of Oklahoma )
County of [COUNTY]) ss.
On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [MOTHER NAME] and [FATHER NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed herein, and acknowledged that they executed the same for the purposes therein contained.
Notary Public
Commission No.: __
My Commission Expires: ____
SCHEDULE A – FINANCIAL DISCLOSURES
[Attach each Party’s completed Oklahoma Child Support Guideline Worksheet, income documentation, and health insurance information.]
SCHEDULE B – PARENTING PLAN
[Detailed custody, visitation, holiday, and decision-making provisions.]
[// GUIDANCE: File the executed Acknowledgment of Paternity with the State Registrar and provide copies to CSS and the District Court to ensure enforceability. Review any county-specific standing orders that may automatically apply upon filing.]