VOLUNTARY PATERNITY ACKNOWLEDGMENT AGREEMENT
(Commonwealth of Pennsylvania)
[// GUIDANCE: This template is drafted to comply with Pennsylvania law, including 23 Pa. Cons. Stat. § 5103 (Acknowledgment of Paternity) and the Pennsylvania Child Support Guidelines (Pa.R.C.P. 1910.16-1 et seq.). Insert or delete bracketed text as necessary, and confirm county-specific filing procedures before use.]
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 Title.
Voluntary Paternity Acknowledgment Agreement (the “Agreement”).
1.2 Effective Date.
This Agreement is effective as of [EFFECTIVE DATE] (the “Effective Date”).
1.3 Parties.
(a) “[MOTHER’S FULL LEGAL NAME]” (“Mother”), residing at [ADDRESS].
(b) “[FATHER’S FULL LEGAL NAME]” (“Father”), residing at [ADDRESS].
(c) “[CHILD’S FULL LEGAL NAME]” (“Child”), born on [DOB] in [COUNTY], Pennsylvania.
1.4 Governing Jurisdiction.
This Agreement shall be governed by and construed in accordance with the domestic-relations laws of the Commonwealth of Pennsylvania.
1.5 Recitals.
A. Mother and Father are biological parents, or allege themselves to be biological parents, of the Child.
B. The parties desire voluntarily to acknowledge and establish paternity for all legal purposes pursuant to 23 Pa. Cons. Stat. § 5103.
C. The parties desire to set forth their rights and obligations regarding genetic testing, child support, custody, and related matters.
2. DEFINITIONS
“Acknowledgment” means the voluntary establishment of paternity effected by executing this Agreement and filing the same in accordance with 23 Pa. Cons. Stat. § 5103.
“Child Support Guidelines” means the schedule of basic child support obligations promulgated under Pa.R.C.P. 1910.16-1 et seq., as amended from time to time.
“Court” means the Court of Common Pleas of [COUNTY], Family Division, Commonwealth of Pennsylvania, or any successor court of competent jurisdiction.
“Genetic Testing” means DNA testing performed by a laboratory accredited by the American Association of Blood Banks (AABB) or equivalent certifying body to establish paternity probability.
“Support Obligation” means Father’s financial obligation for the Child as determined under Section 3.4 of this Agreement.
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment.
(a) The parties hereby voluntarily acknowledge that Father is the biological and legal father of the Child.
(b) Within [ ] business days after the Effective Date, the parties shall execute and file the Pennsylvania “Acknowledgment of Paternity” form with the Pennsylvania Department of Human Services, Division of Vital Records, or other designated agency.
3.2 Right to Genetic Testing.
(a) Father acknowledges that he has the statutory right to request Genetic Testing before signing this Agreement and that such request shall not result in any retaliatory action by Mother.
(b) By signing this Agreement without requesting Genetic Testing, Father knowingly and voluntarily waives that right, subject to the limited rescission provisions of Section 3.3.
(c) If Father elects testing, the parties shall cooperate in scheduling testing within [30] days, with costs initially advanced by [PARTY] and subject to reallocation by the Court.
3.3 Rescission and Challenge.
(a) The parties may rescind this Acknowledgment within sixty (60) days of execution by jointly filing a rescission form under 23 Pa. Cons. Stat. § 5103(g).
(b) After such period, a party may challenge paternity only on the basis of fraud, duress, or material mistake of fact, and only within the time frames permitted by applicable law.
3.4 Child Support.
(a) Father shall pay child support in accordance with the Child Support Guidelines.
(b) The parties shall, within [ ] days after filing the Acknowledgment, file a support complaint with the Domestic Relations Section for entry of an appropriate support order.
(c) Until entry of a formal order, Father agrees to remit temporary support of $[AMOUNT] per [WEEK/MONTH] beginning on [DATE].
(d) Support shall be subject to automatic adjustment in accordance with guideline modifications issued by the Pennsylvania Supreme Court.
3.5 Custody and Parenting Time.
[// GUIDANCE: Insert only if desired; custody may be addressed in a separate stipulation.]
The parties acknowledge that custody matters are within the exclusive jurisdiction of the Court and will be addressed in a separate custody agreement or court order.
4. REPRESENTATIONS & WARRANTIES
4.1 Mother’s Representations.
(a) Mother represents that, to the best of her knowledge, Father is the biological father of the Child.
(b) No other person has been adjudicated or has acknowledged paternity of the Child.
4.2 Father’s Representations.
(a) Father has had the opportunity to consult independent counsel and obtain Genetic Testing.
(b) Father is not acting under duress or undue influence.
4.3 Mutual Warranties.
(a) Each party has full legal capacity to enter into this Agreement.
(b) The execution of this Agreement does not violate any existing court order.
4.4 Survival.
The representations and warranties shall survive execution and filing of the Acknowledgment.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation.
The parties shall execute all documents and take all actions reasonably necessary to implement this Agreement, including appearance at any court or administrative hearing.
5.2 Non-Interference.
Neither party shall impede or delay the administrative processing or court filing of the Acknowledgment or related support proceedings.
5.3 Notice of Change.
Each party shall notify the other, and if required, the Court, in writing within ten (10) days of any change in address, employment, or income that may affect support.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Failure to execute or file the Acknowledgment within the period stated in Section 3.1(b).
(b) Failure to pay temporary support under Section 3.4(c).
(c) Violation of any covenant in Section 5.
6.2 Notice and Cure.
The non-defaulting party shall provide written notice specifying the default. The defaulting party shall have seven (7) days to cure monetary defaults and fourteen (14) days to cure non-monetary defaults, unless a shorter period is mandated by law.
6.3 Remedies.
(a) Upon uncured default, the non-defaulting party may seek any and all remedies available at law or in equity, including but not limited to entry of a support order, wage attachment, contempt proceedings, and suspension of licenses pursuant to 23 Pa. Cons. Stat. § 4355.
(b) The parties acknowledge that support enforcement constitutes irreparable harm and agree that injunctive relief may be sought without posting bond.
6.4 Attorneys’ Fees.
The prevailing party in any enforcement action shall be entitled to reasonable attorneys’ fees and costs, as determined by the Court.
7. RISK ALLOCATION
7.1 Indemnification.
[NOT APPLICABLE per metadata.]
7.2 Limitation of Liability.
Except for statutory child support obligations and willful misconduct, no party shall be liable for consequential, incidental, or punitive damages arising out of this Agreement.
7.3 Force Majeure.
Neither party shall be liable for delay in performance caused by events beyond reasonable control; provided, however, that monetary obligations shall not be excused.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Agreement shall be governed by the domestic-relations laws of Pennsylvania.
8.2 Forum Selection.
Any action arising under or related to this Agreement shall be filed exclusively in the Court of Common Pleas of [COUNTY], Family Division.
8.3 Arbitration.
Arbitration is not available for the establishment, modification, or enforcement of child support and is therefore expressly excluded.
8.4 Jury Trial Waiver.
Consistent with Pennsylvania practice in family-law matters, the parties acknowledge that no jury trial is available.
8.5 Injunctive Relief.
Nothing herein shall limit a party’s right to seek injunctive or other equitable relief for support enforcement.
9. GENERAL PROVISIONS
9.1 Amendment; Waiver.
Any amendment must be in writing, signed by both parties, and, where required, approved by the Court. Waiver of any breach does not constitute waiver of subsequent breaches.
9.2 Assignment.
Rights and obligations hereunder are personal and non-assignable, except to the extent permitted or required under Pennsylvania child support enforcement statutes.
9.3 Successors & Assigns.
This Agreement shall inure to the benefit of and bind the parties and their respective heirs, legal representatives, and permitted assigns.
9.4 Severability.
If any provision is held invalid, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law.
9.5 Integration.
This Agreement, together with the executed Acknowledgment of Paternity form, constitutes the entire agreement of the parties with respect to the subject matter and supersedes all prior negotiations and understandings.
9.6 Counterparts; Electronic Signatures.
This Agreement may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted by electronic means (e.g., PDF, DocuSign) shall be deemed original signatures for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Mother:
[MOTHER’S NAME]
Date: _____
Father:
[FATHER’S NAME]
Date: _____
[// GUIDANCE: Pennsylvania does not mandate notarization of the Acknowledgment form; however, notarization strengthens evidentiary value. Confirm with county practice.]
Notary Public (optional):
State of _ )
County of ______ ) ss:
On this ___ day of ____, 20__, before me, the undersigned notary public, personally appeared [MOTHER] and [FATHER], known to me or satisfactorily proven to be the persons whose names are subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public
My Commission Expires: ______
Witnesses (if required by local rule):
1. _____
2. _______
[// GUIDANCE: File the executed Agreement together with the Pennsylvania “Acknowledgment of Paternity” form at the appropriate county Domestic Relations Section or Vital Records office. Provide copies to both parents and retain proof of filing.]