VOLUNTARY PATERNITY ACKNOWLEDGMENT AGREEMENT
(Governing Law: State of Vermont)
[// GUIDANCE: This template is drafted for use in Vermont under the Vermont Parentage Act and related family-law rules. Customize all bracketed items, delete inapplicable provisions, and obtain independent review before 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
1.1 Title. Voluntary Paternity Acknowledgment Agreement (the “Agreement”).
1.2 Parties.
a. Mother: [LEGAL NAME OF MOTHER], an adult individual residing at [ADDRESS] (“Mother”).
b. Father: [LEGAL NAME OF FATHER], an adult individual residing at [ADDRESS] (“Father”).
c. Child: [CHILD’S LEGAL NAME], born [DATE OF BIRTH] in [CITY/COUNTY], Vermont (the “Child”).
1.3 Effective Date. This Agreement is effective as of [DATE] (the “Effective Date”).
1.4 Jurisdiction. This Agreement is entered into pursuant to the laws of the State of Vermont governing parentage and child support (collectively, “State Paternity Law”).
1.5 Recitals.
WHEREAS, Mother and Father desire voluntarily to establish the Father’s parentage of the Child in accordance with applicable Vermont law;
WHEREAS, both Parties are fully informed of their rights, including the right to genetic testing and to seek legal counsel;
NOW, THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below:
“Acknowledgment” means the executed form provided by the State of Vermont Office of Vital Records confirming the establishment of parentage.
“Genetic Testing” means DNA testing administered by a laboratory accredited by the American Association of Blood Banks or equivalent successor organization.
“Guidelines” means the Vermont Child Support Guidelines in effect as of the date when child support is calculated or recalculated.
“Legal Finding” means the binding determination of parentage that arises upon filing of the Acknowledgment with the State Registrar.
“Support Obligation” means the financial responsibility of a parent for the Child as calculated under the Guidelines and any court order.
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment of Paternity.
a. Simultaneously with execution of this Agreement, the Parties shall complete and sign the Vermont Voluntary Acknowledgment of Parentage Form (the “VAP Form”).
b. The Parties shall cause the VAP Form to be filed with the State Registrar within ten (10) days after execution. Upon filing, the Legal Finding shall arise and Father’s name shall be placed on the Child’s birth certificate.
3.2 Right to Rescind.
The Parties acknowledge that either Party may rescind the Acknowledgment within sixty (60) days of execution, or prior to the date of a first court hearing to which either Party is a party, whichever occurs first, consistent with 42 U.S.C. § 666(a)(5)(D)(ii).
3.3 Genetic Testing Option.
a. Either Party may, before execution, request Genetic Testing at that Party’s expense.
b. If testing is requested, execution and filing of the VAP Form shall occur only after written confirmation of test results indicating at least a 99% probability of paternity.
c. After the Legal Finding, Genetic Testing may be ordered only as permitted under State Paternity Law upon a showing of fraud, duress, or material mistake of fact.
3.4 Child Support.
a. Father shall be responsible for the Support Obligation commencing on the Effective Date.
b. The Support Obligation shall be calculated and periodically adjusted under the Guidelines.
c. Support payments shall be made via the Vermont Office of Child Support (“OCS”) unless the Parties execute an alternative written payment arrangement accepted by OCS and the Family Division of the Vermont Superior Court (the “Family Court”).
3.5 Medical Support.
Father shall either (i) enroll the Child in employer-sponsored health insurance when available at reasonable cost, or (ii) reimburse Mother for the Child’s proportionate share of health-insurance premiums and unreimbursed medical expenses in accordance with the Guidelines.
3.6 Custody and Parenting Time.
This Agreement does not establish legal or physical custody or a parenting-time schedule. The Parties may enter a separate stipulation or seek a court order regarding parental rights and responsibilities.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Representations. Each Party represents and warrants that:
a. They are at least eighteen (18) years of age and legally competent.
b. They have received written notice of the rights and responsibilities that arise from signing the VAP Form, including the right to seek legal counsel and Genetic Testing.
c. They are executing this Agreement voluntarily, without coercion or duress, and with full understanding of its legal effect.
d. All information provided herein is true, complete, and accurate to the best of their knowledge.
4.2 Survival. The representations and warranties in this Article IV shall survive execution and filing of the VAP Form and any court order relating to the Child.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation with Vital Records. The Parties shall execute any additional documentation and take all steps reasonably necessary to effectuate amendment of the Child’s birth certificate.
5.2 Ongoing Disclosure. Each Party shall promptly disclose to the other any material change in circumstances affecting support, including but not limited to income, employment, or medical insurance availability.
5.3 Notice Requirement. Written notice required under this Agreement shall be provided within ten (10) calendar days after the event giving rise to the notice, by certified mail, return receipt requested, or by any method permitted by the Family Court rules.
6. DEFAULT & REMEDIES
6.1 Events of Default. An “Event of Default” occurs if a Party:
a. Fails to pay court-ordered or stipulated child support when due;
b. Breaches any material covenant under this Agreement; or
c. Provides materially false information during the acknowledgment process.
6.2 Cure Period. A defaulting Party shall have fifteen (15) days after written notice to cure a monetary default and thirty (30) days to cure any non-monetary default, unless the Family Court orders otherwise.
6.3 Remedies. Upon any uncured Event of Default, the non-defaulting Party may:
a. Petition the Family Court for enforcement, including income withholding, contempt, and injunctive relief;
b. Seek reimbursement of reasonable attorney’s fees and court costs; and
c. Pursue any other remedy available under State Paternity Law.
7. RISK ALLOCATION
7.1 Indemnification. [NOT APPLICABLE per metadata — intentionally omitted.]
7.2 Limitation of Liability. Except for willful misconduct or fraud, each Party’s monetary liability under this Agreement is limited to performance of that Party’s Support Obligation and compliance with court orders.
7.3 Force Majeure. Failure to comply with non-monetary obligations arising from events beyond a Party’s reasonable control (e.g., natural disasters, severe illness) shall not constitute a default, provided the affected Party gives prompt notice and resumes performance as soon as practicable. Financial obligations are not excused by force majeure.
8. 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 Vermont, without regard to conflict-of-law principles.
8.2 Exclusive Forum. The Family Court shall have exclusive jurisdiction over all matters arising from or related to this Agreement.
8.3 Arbitration. Arbitration is not available for disputes concerning the establishment or enforcement of child support or parentage.
8.4 Jury Waiver. To the extent a jury trial might otherwise be available, the Parties knowingly waive the right to trial by jury for any proceeding in the Family Court.
8.5 Injunctive Relief. Nothing in this Article VIII shall limit the authority of the Family Court to issue immediate wage withholding, liens, or other equitable relief to enforce the Support Obligation.
9. GENERAL PROVISIONS
9.1 Amendment and Waiver. This Agreement may be amended only by a written instrument signed by both Parties and, where required, approved by the Family Court. Waiver of any provision on one occasion shall not constitute waiver on any other occasion.
9.2 Assignment. The rights and obligations of the Parties are personal and may not be assigned or delegated without prior written consent of the other Party and approval of the Family Court where required.
9.3 Successors and Assigns. This Agreement shall bind and inure to the benefit of the Parties and their respective heirs, personal representatives, and permitted assigns.
9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to achieve its intended purpose.
9.5 Integration. This Agreement, together with the executed VAP Form, constitutes the entire agreement between the Parties concerning establishment of paternity and supersedes all prior or contemporaneous understandings.
9.6 Counterparts; Electronic Signatures. The Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically or by facsimile are deemed original signatures.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Mother | Father |
|---|---|
| _______ | _______ |
| [MOTHER NAME] | [FATHER NAME] |
| Date: _______ | Date: _______ |
NOTARIZATION
State of Vermont, County of [COUNTY]
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 to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public
My commission expires: ____
[// GUIDANCE: Vermont regulations require notarization of the VAP Form itself. Including a notary block here adds an extra layer of proof and is recommended.]
WITNESS (Optional)
We, the undersigned, witnessed the signing of this Agreement by the Parties.
| Witness 1 | Witness 2 |
|---|---|
| _______ | _______ |
| Name: _______ | Name: _______ |
| Date: _______ | Date: _______ |
[// GUIDANCE: Witness signatures are not mandatory under Vermont law but can reduce challenges based on duress or fraud.]
End of Document