VOLUNTARY PATERNITY ACKNOWLEDGMENT & PARENTING AGREEMENT

(Commonwealth of Virginia)

[// GUIDANCE: This agreement is intended for use when both biological parents wish to voluntarily establish paternity and set forth related parental obligations under Virginia law. Customize all bracketed items before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Paternity Acknowledgment
   3.2 Genetic Testing Option & Waiver
   3.3 Vital Records & Birth Certificate Amendment
   3.4 Child Support & Financial Responsibilities
   3.5 Health Insurance & Medical Expenses
   3.6 Custody, Visitation & Parenting Plan
   3.7 Tax Exemptions & Credits
   3.8 Notice Requirements
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title & Parties

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

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

Collectively, the Mother and Father are referred to herein as the “Parties.”

1.2 Recitals

A. The Parties are the biological parents of [CHILD LEGAL NAME], born on [CHILD DATE OF BIRTH] in [CITY/COUNTY], Virginia (the “Child”).
B. The Parties desire to voluntarily acknowledge and establish Father’s paternity of the Child pursuant to 42 U.S.C. § 666(a)(5)(C) and applicable provisions of the Code of Virginia.
C. The Parties further wish to resolve issues of child support, health coverage, custody, visitation, and related matters in the best interests of the Child.

1.3 Consideration

The mutual covenants and promises contained herein, together with other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, constitute the consideration for this Agreement.

2. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. Defined terms may be used in singular or plural form, as context requires.

“Agreement” has the meaning assigned in § 1.2.
“Acknowledgment” means the voluntary acknowledgment of paternity executed pursuant to § 3.1.
“Child Support Guidelines” means the presumptive support calculation methodology under Va. Code Ann. § 20-108.2.
“Court” means the Juvenile & Domestic Relations District Court or other court of competent jurisdiction within the Commonwealth of Virginia.
“Effective Date” has the meaning assigned in § 1.1.
“Genetic Testing” means DNA analysis performed by a laboratory accredited by the American Association of Blood Banks (AABB) or successor accrediting body.
“Guidelines Support” means the child support amount determined under the Child Support Guidelines.
“Parenting Plan” means the written custody and visitation schedule set forth in § 3.6, as may be modified by the Court.

3. OPERATIVE PROVISIONS

3.1 Paternity Acknowledgment

3.1.1 The Parties hereby affirm, under penalty of perjury, that Father is the biological father of the Child.
3.1.2 Contemporaneously with execution of this Agreement, the Parties shall execute a Virginia Voluntary Acknowledgment of Paternity Form (“VS-22”) and file the same with the Virginia Department of Health, Division of Vital Records.
3.1.3 Upon filing, said Acknowledgment shall have the same legal effect as a judicial determination of paternity and may be rescinded only in accordance with Va. Code Ann. § 20-49.1 et seq. and applicable federal law.

3.2 Genetic Testing Option & Waiver

3.2.1 Right to Testing. Each Party acknowledges the statutory right to request Genetic Testing before signing the Acknowledgment.
3.2.2 Election. [SELECT ONE:
☐ The Parties have completed mutually agreed Genetic Testing confirming paternity; OR
☐ Each Party knowingly and voluntarily waives Genetic Testing.]
3.2.3 Revocation for Fraud or Duress. Nothing herein limits a Party’s statutory right to challenge the Acknowledgment on grounds of fraud, duress, or material mistake of fact within the time permitted by law.

[// GUIDANCE: Insert laboratory report reference if testing has occurred.]

3.3 Vital Records & Birth Certificate Amendment

Within ten (10) days after filing the Acknowledgment, the Parties shall cooperate in submitting all required documentation to amend the Child’s birth certificate to include Father’s name.

3.4 Child Support & Financial Responsibilities

3.4.1 Guidelines Calculation. The Parties have reviewed their respective incomes and, applying the Child Support Guidelines, agree that Father’s presumptive support obligation is $[AMOUNT] per month.
3.4.2 Payment Method. Father shall remit support via [PAYMENT METHOD], commencing on [START DATE] and continuing on the [DAY] of each month thereafter.
3.4.3 Statutory Review. Either Party may petition the Court or the Virginia Division of Child Support Enforcement (“DCSE”) for modification consistent with statutory criteria.
3.4.4 Retroactivity. Support shall be retroactive to [RETROACTIVE DATE], unless modified by Court order.

3.5 Health Insurance & Medical Expenses

a. Father shall maintain comprehensive health, dental, and vision coverage for the Child if available at reasonable cost through employment.
b. Unreimbursed medical expenses shall be allocated [PERCENTAGE] % to Father and [PERCENTAGE] % to Mother, payable within thirty (30) days of documented request.

3.6 Custody, Visitation & Parenting Plan

3.6.1 Legal Custody. [JOINT / SOLE] legal custody is awarded as follows: [DETAILS].
3.6.2 Physical Custody & Visitation Schedule. The Parties adopt the Parenting Plan attached hereto as Exhibit A.
3.6.3 Best Interests Standard. Any modifications shall be guided by Va. Code Ann. § 20-124.3.

3.7 Tax Exemptions & Credits

Unless otherwise ordered by the Court, the Parties agree that the Child’s federal dependency exemption shall be claimed by [PARTY] in [YEARS] and by the other Party in alternating years thereafter, contingent upon substantial compliance with support obligations.

3.8 Notice Requirements

All notices required under this Agreement shall be in writing and delivered by certified mail, return receipt requested, or by recognized overnight courier to the addresses in § 1.1 (or such updated address as a Party may designate in writing).

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Party represents that he or she is at least eighteen (18) years of age, mentally competent, and not acting under duress.
4.2 Accuracy of Information. All financial information provided for support calculation is complete and accurate to the best of the Party’s knowledge.
4.3 No Prior Determination. Neither Party is aware of any prior judicial determination of paternity regarding the Child.
4.4 Survival. The representations and warranties in this Section survive execution of this Agreement and the filing of the Acknowledgment.

5. COVENANTS & RESTRICTIONS

5.1 Ongoing Cooperation. The Parties shall execute all documents and take all actions reasonably necessary to give full effect to this Agreement.
5.2 Non-Interference. Neither Party shall act to frustrate the other’s lawful parental rights or the Child’s relationship with the other parent.
5.3 Compliance with Court Orders. The Parties shall comply with all present and future Court or DCSE orders pertaining to the Child.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute an Event of Default:
a. Failure to pay support as required in § 3.4;
b. Material breach of custody or visitation provisions;
c. Failure to maintain required insurance.

6.2 Cure Period. Except for emergent matters affecting the Child’s safety, the non-defaulting Party shall provide ten (10) days’ written notice and opportunity to cure.
6.3 Remedies. Upon default, the non-defaulting Party may seek:
a. Entry or modification of a support order through DCSE or the Court;
b. Wage withholding, liens, or intercepts as authorized by law;
c. Civil or criminal contempt;
d. Attorneys’ fees and costs incurred in enforcement.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable by agreement of the Parties.
7.2 Limitation of Liability. Nothing herein shall be construed to limit or cap any legally mandated child support obligation or the Child’s independent right to support.
7.3 Force Majeure. Neither Party shall be liable for delays in performance directly caused by events beyond reasonable control; provided, however, that monetary support obligations are not excused but may be subject to modification by the Court.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to conflict-of-laws principles.
8.2 Forum Selection. The Parties agree that any dispute arising hereunder shall be brought exclusively in the [COUNTY/CITY] Juvenile & Domestic Relations District Court.
8.3 Arbitration. The Parties acknowledge that arbitration is not available for matters of paternity or child support under Virginia law.
8.4 Jury Waiver. The Parties acknowledge that family law matters are heard without a jury in Virginia.
8.5 Injunctive Relief. The Court’s authority to issue immediate orders for support enforcement and child welfare is expressly preserved.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver of any provision shall be effective unless in writing, signed by both Parties, and approved by the Court where required.
9.2 Assignment. Parental rights and obligations are personal and non-assignable.
9.3 Successors & Assigns. Subject to § 9.2, this Agreement inures to the benefit of and is binding on the Parties’ respective heirs and legal representatives.
9.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full force to the extent feasible.
9.5 Entire Agreement. This Agreement, including all exhibits, constitutes the entire understanding between the Parties regarding the subject matter and supersedes all prior agreements.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Electronic signatures shall be deemed valid and binding.

10. EXECUTION BLOCK

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

NOTARY ACKNOWLEDGMENT

Commonwealth of Virginia, City/County of ________ to-wit:

Subscribed, sworn, and acknowledged before me this ___ day of _, 20 by [MOTHER LEGAL NAME] and [FATHER LEGAL NAME].

Notary Public
My commission expires: ___
Notary Registration No.: ____

EXHIBIT A – PARENTING PLAN

[Insert detailed custody and visitation schedule.]

[// GUIDANCE: Attach any supporting documents—e.g., income worksheets, insurance cards, genetic testing results—as additional exhibits.]

Prepared for professional legal use. Review statutory updates and tailor to specific client circumstances before finalization.