VOLUNTARY PATERNITY ACKNOWLEDGMENT & PARENTING AGREEMENT

(Texas – Governed by Tex. Fam. Code Ch. 160)

TABLE OF CONTENTS

1. Document Header (I)
2. Definitions (II)
3. Operative Provisions (III)
4. Representations & Warranties (IV)
5. Covenants & Restrictions (V)
6. Default & Remedies (VI)
7. Risk Allocation (VII)
8. Dispute Resolution (VIII)
9. General Provisions (IX)
10. Execution Block (X)

[// GUIDANCE: Delete the Table of Contents for shorter agreements if unnecessary.]

I. DOCUMENT HEADER

1. Title & Parties
This VOLUNTARY PATERNITY ACKNOWLEDGMENT & PARENTING AGREEMENT (this “Agreement”) is entered into by and between:

• Mother: [LEGAL NAME OF MOTHER], an individual residing at [ADDRESS] (“Mother”);
• Alleged Father: [LEGAL NAME OF FATHER], an individual residing at [ADDRESS] (“Father”); and
• Child: [LEGAL NAME OF CHILD] (the “Child”), born on [DATE OF BIRTH] in [CITY/COUNTY], Texas.

2. Effective Date & Jurisdiction
This Agreement is effective as of [DATE] (the “Effective Date”) and is governed by the laws of the State of Texas, including Tex. Fam. Code §§ 160.301–160.311 (Uniform Parentage Act) and Tex. Fam. Code Ch. 154 (Child Support Guidelines).

3. Recitals
A. The parties desire voluntarily to establish the Child’s paternity pursuant to Tex. Fam. Code § 160.301.
B. Father acknowledges that he is the biological parent of the Child and seeks to accept all attendant rights and duties.
C. The parties wish to address child support, medical support, and certain parenting matters in a single integrated writing.
D. Consideration for this Agreement includes the mutual promises herein and the statutory benefits conferred on each party.

II. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Capitalized terms not defined herein have the meanings assigned by the Texas Family Code.

“Acknowledgment” means the Texas Vital Statistics Unit form VS-159.1, properly completed and notarized pursuant to Tex. Fam. Code § 160.302.
“Bureau” means the Texas Department of State Health Services, Vital Statistics Unit.
“Child Support Guidelines” means the percentage-of-income guidelines under Tex. Fam. Code § 154.125, as amended from time to time.
“Conservatorship” means the bundle of parental rights and duties defined in Tex. Fam. Code § 151.001.
“Genetic Testing” means DNA testing in accordance with Tex. Fam. Code §§ 160.502–160.506.
“Primary Residence” means the residence designated for the Child for school and domicile purposes.
“Support Order” means any order of a Texas court establishing child support, medical support, or dental support for the Child.

[// GUIDANCE: Add/delete defined terms to suit client needs. Maintain alphabetical order.]

III. OPERATIVE PROVISIONS

1. Acknowledgment of Paternity
   1.1 Father hereby irrevocably (subject to statutory rescission rights) acknowledges that he is the biological father of the Child.
   1.2 The parties shall complete, sign, and notarize the Acknowledgment contemporaneously with this Agreement.
   1.3 Within five (5) business days after execution, the Acknowledgment shall be filed with the Bureau.

2. Right of Rescission
   2.1 Either party may rescind the Acknowledgment by filing a rescission form with the Bureau on or before the earlier of (a) the sixtieth (60th) day after the Effective Date or (b) the date of a court proceeding relating to the Child in which the signatory is a party. See Tex. Fam. Code § 160.307.
   2.2 Upon timely rescission, this Agreement shall automatically terminate except as to Sections VIII and IX.

3. Genetic Testing
   3.1 Father acknowledges that he has the right to genetic testing before signing the Acknowledgment.
   3.2 Father knowingly waives such testing. [// GUIDANCE: Delete 3.2 if Father elects testing; insert testing protocol instead.]
   3.3 If a court later orders testing and the results exclude Father, the parties shall cooperate in vacating any support obligations and updating the birth record.

4. Child Support & Medical Support
   4.1 Father shall pay child support in the amount of [AMOUNT] per month in accordance with the Child Support Guidelines, payable on the [DAY] of each month beginning [DATE], via the Texas State Disbursement Unit.
   4.2 Support shall automatically adjust in proportion to Father’s net resources if they change by more than 20% or $100 per month, whichever is greater.
   4.3 Father shall maintain health insurance for the Child if available at reasonable cost. Mother shall be responsible for []% of unreimbursed medical/dental expenses; Father shall be responsible for []%.

5. Conservatorship & Possession
   5.1 The parties agree to be Joint Managing Conservators with Mother having the right to designate the Child’s Primary Residence within [COUNTIES] counties.
   5.2 Father’s possession shall follow the Standard Possession Order set forth in Tex. Fam. Code § 153.311 et seq., unless the parties agree otherwise in writing.
   5.3 Both parents shall confer on major decisions affecting the Child’s education, health, and welfare.

6. Tax Matters
   6.1 The parties shall alternate the federal income tax dependency exemption for the Child beginning with tax year [YEAR] as follows: Father—odd years; Mother—even years.
   6.2 The claiming parent must be current on child support as of December 31 of the relevant year.

7. Life Insurance
   Father shall maintain life insurance with a minimum face value of [AMOUNT] naming the Child (or a trust for the Child’s benefit) as irrevocable beneficiary until the Child reaches the age of majority.

8. Conditions Precedent
   This Agreement is conditioned on (a) proper filing of the Acknowledgment, and (b) issuance of an amended birth certificate naming Father. Failure of either condition does not relieve Father of support obligations incurred prior to such failure.

IV. REPRESENTATIONS & WARRANTIES

Each party represents and warrants that:
4.1 Capacity: He or she is at least eighteen (18) years old and competent to execute this Agreement.
4.2 Marital Status: Mother was not married to another man at any time during the probable period of conception or at the Child’s birth OR a presumed father has executed a valid Denial of Paternity.
4.3 No Prior Adjudication: No court has previously adjudicated the Child’s parentage.
4.4 Accuracy: All statements made herein are true and complete to the best of the party’s knowledge.
4.5 No Violation: Execution of this Agreement does not violate any court order, statute, or contract to which the party is bound.

The foregoing representations and warranties survive execution and are deemed material.

V. COVENANTS & RESTRICTIONS

5.1 Cooperation: Each party shall execute further documents and take such actions as reasonably necessary to effectuate this Agreement and any resulting court order.
5.2 Non-Interference: Neither party shall impede the other’s parenting time absent court order.
5.3 Notification: A party must provide written notice to the other within ten (10) days of (a) change of address, (b) significant illness of the Child, or (c) intent to relocate the Child beyond the agreed counties.
5.4 Confidentiality: Genetic testing results and personal medical information shall remain confidential except as required by law or court order.

VI. DEFAULT & REMEDIES

6.1 Events of Default:
(a) Failure to pay support when due;
(b) Interference with court-ordered possession;
(c) Material misrepresentation in Section IV.

6.2 Cure: A defaulting party has ten (10) calendar days after written notice to cure any monetary default and thirty (30) calendar days for non-monetary default, unless the breach is incapable of cure.

6.3 Remedies:
• Confirmation and enforcement in state family court;
• Income withholding orders;
• Contempt proceedings;
• Reimbursement of reasonable attorney’s fees and costs;
• Such other relief as the court deems just.

[// GUIDANCE: Texas courts seldom award punitive damages in family matters; focus on statutory remedies.]

VII. RISK ALLOCATION

7.1 Indemnification: Not applicable by mutual agreement of the parties.
7.2 Limitation of Liability: Except for child support and medical support mandated herein, neither party shall be liable for special, consequential, or punitive damages arising out of this Agreement.
7.3 Force Majeure: A party is excused from timely performance if prevented by events beyond reasonable control (e.g., natural disaster), provided that party uses diligent efforts to resume performance promptly.

VIII. DISPUTE RESOLUTION

8.1 Governing Law: This Agreement and any dispute arising hereunder shall be governed by the substantive and procedural laws of the State of Texas without regard to its conflict-of-laws rules.
8.2 Forum Selection: Exclusive venue lies in the [NAME OF COUNTY] District Court or other court of competent family jurisdiction.
8.3 Arbitration: The parties acknowledge that arbitration is not available for child-support matters under Texas law; therefore, no arbitration clause is included.
8.4 Jury Waiver: Jury trials are generally unavailable in routine support enforcement actions; each party nevertheless knowingly waives any right to a jury to the extent a jury might otherwise be available.
8.5 Injunctive Relief: Nothing herein limits a party’s right to seek temporary restraining orders, temporary injunctions, or other equitable relief to enforce possession or support obligations.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver: No amendment or waiver is effective unless in writing and signed by both parties. A waiver of one breach is not a waiver of any subsequent breach.
9.2 Assignment & Delegation: Parental rights and duties are personal and non-assignable except as provided by court order or statute.
9.3 Successors & Assigns: This Agreement binds and inures to the benefit of the parties and their respective heirs, legal representatives, and permitted assigns.
9.4 Severability: If any provision is held unenforceable, the remainder shall be reformed to effectuate the parties’ intent to the maximum extent permissible.
9.5 Integration: This Agreement, together with the Acknowledgment, constitutes the entire agreement of the parties on the subject matter and supersedes all prior oral or written agreements.
9.6 Counterparts: This Agreement may be executed in counterparts, each of which is an original and all of which together constitute one instrument.
9.7 Electronic Signatures: Electronic signatures and notarizations complying with Tex. Gov’t Code Ch. 406 are deemed originals.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above.

NOTARY ACKNOWLEDGMENT – MOTHER

State of Texas §
County of [COUNTY] §

Before me, the undersigned notary, on this day personally appeared [NAME OF MOTHER], proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes therein expressed.

Notary Public, State of Texas
My commission expires: ____

NOTARY ACKNOWLEDGMENT – FATHER

State of Texas §
County of [COUNTY] §

Before me, the undersigned notary, on this day personally appeared [NAME OF FATHER], proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes therein expressed.

Notary Public, State of Texas
My commission expires: ____

[// GUIDANCE: Attach the official Texas Acknowledgment of Paternity (VS-159.1) and any necessary denial of paternity forms as exhibits for filing. Confirm local filing fees and delivery instructions with the Vital Statistics Unit.]

Prepared for attorney review. Do not file without verifying current statutory requirements and client-specific facts.