VOLUNTARY PATERNITY ACKNOWLEDGMENT AND AGREEMENT
[Rhode Island]
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 and Agreement (the “Agreement”)
1.2 Parties
This Agreement is entered into by and between:
a. [MOTHER LEGAL NAME], an individual residing at [ADDRESS] (“Mother”); and
b. [FATHER LEGAL NAME], an individual residing at [ADDRESS] (“Acknowledged Father” or “Father”).
Collectively, Mother and Father are referred to herein as the “Parties,” and each individually as a “Party.”
1.3 Child
The child who is the subject of this Agreement is:
• Name: [CHILD FULL LEGAL NAME]
• Date of Birth: [DOB]
• Place of Birth: [CITY/STATE]
1.4 Recitals
WHEREAS, the Parties desire voluntarily to establish the legal paternity of the Child in accordance with the Rhode Island Uniform Parentage Act and other applicable Rhode Island General Laws;
WHEREAS, the Parties understand that execution and proper filing of this Agreement with the Rhode Island Department of Health, Office of Vital Records, has the same legal effect as a judicial order of paternity once the rescission period has expired;
WHEREAS, the Parties further desire to address child support, medical support, and related parental responsibilities in a manner consistent with Rhode Island Child Support Guidelines;
NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows.
Effective Date: [EFFECTIVE DATE]
Governing Law: State of Rhode Island
Forum Selection: Rhode Island Family Court
2. DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.
“Acknowledged Father” means the person voluntarily assuming legal paternity of the Child pursuant to this Agreement after the applicable rescission period.
“Agreement” has the meaning set forth in Section 1.1.
“Child” has the meaning set forth in Section 1.3.
“Child Support Guidelines” means the guidelines promulgated under Rhode Island Family Court rules for calculating child support obligations, as amended from time to time.
“Department of Health” means the Rhode Island Department of Health, Office of Vital Records, or any successor agency responsible for paternity acknowledgments.
“Effective Date” means the date first written in Section 1.4.
“Genetic Testing” means scientifically reliable testing of deoxyribonucleic acid (DNA) samples to determine probability of paternity consistent with federal IV-D regulations.
“Rescission Period” means the sixty (60) calendar-day period, or such other period as may be mandated by applicable law, during which a signatory may rescind this Agreement.
“Support Order” means any current or future order of the Rhode Island Family Court concerning child support, medical support, or related obligations.
3. OPERATIVE PROVISIONS
3.1 Acknowledgment of Paternity
3.1.1 Father hereby voluntarily and irrevocably (subject to Section 3.4) acknowledges that he is the biological and legal father of the Child.
3.1.2 Mother concurs in and accepts the acknowledgment set forth in Section 3.1.1.
3.2 Filing and Registration
3.2.1 Within [5] business days after the Effective Date, the Parties shall execute any state-required “Voluntary Acknowledgment of Parentage” form and file the same with the Department of Health.
3.2.2 Upon acceptance and processing, the Child’s birth certificate shall be amended to list Father as the Child’s legal parent.
3.3 Genetic Testing
3.3.1 Father acknowledges that he has the right to request Genetic Testing prior to signing this Agreement.
3.3.2 By executing this Agreement, Father [select one]:
(a) affirms that Genetic Testing has been completed and confirms paternity with a probability of at least 99%, OR
(b) knowingly and voluntarily waives the right to Genetic Testing.
[// GUIDANCE: Insert appropriate option (a) or (b) above and attach test results if option (a) is selected.]
3.4 Rescission
Either Party may rescind this Agreement by delivering a notarized rescission statement to the Department of Health within the Rescission Period. After the Rescission Period, this Agreement may be challenged only on the basis of fraud, duress, or material mistake of fact and within the time limits allowed by law.
3.5 Child Support
3.5.1 Commencing on [SUPPORT COMMENCEMENT DATE], Father shall pay child support in the amount of [$___] per [week/month], calculated in accordance with the Child Support Guidelines.
3.5.2 The Parties shall complete and attach the Child Support Guideline Worksheet as Schedule A.
3.5.3 Support payments shall be made via the Rhode Island Family Court clerk’s office or its designated payment processing center.
3.5.4 The Parties acknowledge that child support may be modified by the Family Court upon a substantial change in circumstances or at statutorily mandated review intervals.
3.6 Medical Support
3.6.1 Father shall maintain comprehensive medical and dental insurance for the Child if available at reasonable cost through his employment.
3.6.2 Uninsured medical expenses shall be allocated [PERCENTAGE SPLIT, e.g., 50/50] between the Parties unless otherwise ordered by the Court.
3.7 Custody and Parenting Time
3.7.1 Physical and legal custody of the Child shall be addressed in a separate parenting plan or Family Court order.
3.7.2 Nothing in this Agreement grants, restricts, or waives custody or visitation rights, which remain subject to the best interests of the Child standard under Rhode Island law.
3.8 Tax Matters
For each tax year, the Parties shall follow any applicable IRS rules and court orders regarding designation of the Child as a dependent for income tax purposes.
[// GUIDANCE: Insert agreed-upon tax dependency allocation or reference future court determination.]
3.9 Life Insurance
Father shall maintain life insurance coverage with a minimum death benefit of [$___], naming the Child (or a trust for the Child’s benefit) as primary beneficiary until the Child reaches the age of majority.
4. REPRESENTATIONS & WARRANTIES
4.1 Each Party represents and warrants to the other as of the Effective Date:
a. Capacity: The Party has full legal capacity to execute and perform this Agreement.
b. No Prior Acknowledgment: No other individual has been legally established as the Child’s father.
c. No Contradictory Orders: There is no existing court order or pending litigation inconsistent with this Agreement.
d. Voluntariness: The Party executes this Agreement voluntarily and free from duress, coercion, or undue influence.
e. Legal Advice: The Party has had the opportunity to seek independent legal counsel.
4.2 Survival
All representations and warranties shall survive execution and filing of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation
Each Party shall execute and deliver all documents and take further actions reasonably necessary to carry out the intent of this Agreement, including future administrative updates with the Department of Health.
5.2 Non-Interference
No Party shall take any action that would interfere with the Child’s right to financial support, health coverage, or other benefits arising from this Agreement.
5.3 Notice of Change
Each Party shall provide written notice to the other within ten (10) days of any change in address, employment, or insurance coverage affecting obligations herein.
6. DEFAULT & REMEDIES
6.1 Events of Default
An “Event of Default” occurs if a Party:
a. Fails to timely pay child support or medical support;
b. Fails to timely file required documentation under Section 3.2;
c. Breaches any material covenant, representation, or warranty; or
d. Violates a Support Order related to this Agreement.
6.2 Notice and Cure
The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have [10] business days to cure monetary defaults and [30] calendar days to cure non-monetary defaults unless a shorter period is required by court order.
6.3 Remedies
Upon an uncured Event of Default, the non-defaulting Party may:
a. Petition the Rhode Island Family Court for enforcement, including income withholding and contempt;
b. Seek injunctive relief to secure compliance (see Section 8.4); and
c. Recover reasonable attorneys’ fees and costs incurred in enforcement.
7. RISK ALLOCATION
7.1 Indemnification
Not applicable. No Party shall indemnify the other under this Agreement.
7.2 Limitation of Liability
The Parties’ financial liabilities to or for the benefit of the Child are governed exclusively by applicable child support statutes, guidelines, and court orders. No contractual limitation shall reduce or cap statutory child support obligations.
7.3 Force Majeure
Obligations to pay child support or provide health insurance are not excused by force majeure. Other performance obligations shall be suspended only for the duration of any event that renders performance illegal or impossible.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement and all disputes arising hereunder shall be governed by the laws of the State of Rhode Island, without regard to its conflict-of-laws rules.
8.2 Exclusive Jurisdiction
The Rhode Island Family Court shall have exclusive jurisdiction over any action to enforce, interpret, or modify this Agreement.
8.3 Waiver of Jury Trial
To the extent a jury trial could otherwise be available, each Party knowingly waives the right to a jury trial, acknowledging that Family Court proceedings are typically non-jury.
8.4 Injunctive Relief
Nothing herein shall limit a Party’s right to seek temporary or permanent injunctive relief from the Family Court to enforce child support, medical support, or other obligations in the best interests of the Child.
8.5 Arbitration
Arbitration is not available for disputes relating to paternity, child support, or custody under Rhode Island law and is therefore expressly excluded.
9. GENERAL PROVISIONS
9.1 Amendments and Waivers
Any amendment or waiver of this Agreement must be in writing, signed by both Parties, and, where required, approved by the Family Court.
9.2 Assignment
Neither Party may assign or delegate rights or duties under this Agreement without prior written consent of the other Party and approval of the Family Court, except that support rights are assignable to the State for reimbursement of public assistance.
9.3 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.
9.4 Severability
If any provision is held illegal or unenforceable, the remaining provisions shall remain in full force, and the court shall reform the Agreement to effectuate the Parties’ intent within legal limits.
9.5 Integration
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter and supersedes all prior understandings, whether written or oral.
9.6 Counterparts; Electronic Signatures
This Agreement may be executed in multiple counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF or secure e-signature platform) are valid and binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Voluntary Paternity Acknowledgment and Agreement as of the Effective Date.
Mother
[MOTHER LEGAL NAME]
Date: _____
Acknowledged Father
[FATHER LEGAL NAME]
Date: _____
Notary Acknowledgment
State of Rhode Island
County of ___
On this _ day of ___, 20__, before me, the undersigned notary public, personally appeared [MOTHER LEGAL NAME] and [FATHER LEGAL NAME], 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: ______
[// GUIDANCE: Rhode Island requires notarization for filing with the Department of Health. Attach additional witness lines if local practice dictates.]
Schedule A
Child Support Guideline Worksheet
[Attach completed worksheet in the format prescribed by Rhode Island Family Court.]
[// GUIDANCE:
1. Review all bracketed placeholders, insert client-specific terms, and conform time periods to current statutory requirements.
2. Verify current filing procedures and forms with the Rhode Island Department of Health prior to closing.
3. Ensure parties receive independent legal advice and understand rescission rights.
4. File executed Agreement and state acknowledgment form promptly to activate legal effect.
5. Consider drafting a separate Parenting Plan to address custody and visitation issues not covered herein.]