PATERNITY ACKNOWLEDGMENT AND PARENTAGE AGREEMENT

(State of Illinois)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

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

1. [LEGAL NAME OF MOTHER], an individual residing at [ADDRESS] (“Mother”); and
2. [LEGAL NAME OF FATHER], an individual residing at [ADDRESS] (“Father”).

Recitals
A. Mother gave birth to [CHILD’S FULL LEGAL NAME] (the “Child”) on [DOB] in [COUNTY], Illinois.
B. The parties desire voluntarily to acknowledge paternity and allocate parental rights and responsibilities in accordance with the Illinois Parentage Act of 2015 and applicable federal mandates.
C. The parties intend this Agreement to constitute a Voluntary Acknowledgment of Paternity (“VAP”) under Illinois law and to be filed with the Illinois Department of Healthcare and Family Services, Division of Vital Records (the “State Registrar”).

NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

II. DEFINITIONS

For purposes of this Agreement, capitalized terms shall have the meanings set forth below:

“Acknowledgment” means the execution and filing of the Illinois Voluntary Acknowledgment of Paternity form (“VAP Form”) that, upon filing, establishes the Father as the legal parent of the Child.

“Child Support Guidelines” means the child support calculation framework established under Illinois law and applicable administrative regulations.

“Effective Date” has the meaning given in the Document Header.

“Genetic Testing” means DNA testing performed by an accredited laboratory to determine parentage in accordance with federal and Illinois regulations.

“Parentage Act” means the Illinois Parentage Act of 2015, as amended.

“Rescission Period” means the sixty (60) calendar-day statutory period following the date the VAP Form is signed or the date of the first court or administrative proceeding relating to the Child (whichever occurs first), during which either signatory may rescind the VAP without cause.

III. OPERATIVE PROVISIONS

3.1 Acknowledgment of Paternity
a. Father hereby declares, and Mother confirms, that Father is the biological and legal parent of the Child.
b. The parties shall complete and sign the VAP Form contemporaneously with this Agreement and cause it to be filed with the State Registrar within fourteen (14) days of the Effective Date.
[// GUIDANCE: Filing may also be completed at the hospital of birth, a local registrar’s office, or the Department of Healthcare and Family Services.]

3.2 Legal Status of the Child
Upon the State Registrar’s acceptance of the VAP Form, the Child shall be deemed to have the same legal status as a child born to married parents, and Father shall have all attendant rights and obligations under Illinois law.

3.3 Rescission and Challenge
a. Either party may rescind the Acknowledgment during the Rescission Period by submitting the prescribed rescission form to the State Registrar.
b. After the Rescission Period, the Acknowledgment may be challenged only on the grounds of fraud, duress, or material mistake of fact and within the time limits provided by the Parentage Act.

3.4 Genetic Testing
a. Either party may request Genetic Testing prior to signing the VAP Form.
b. By executing the VAP Form, the parties waive any right to post-execution Genetic Testing except as allowed during the Rescission Period or by court order based on a timely challenge under Section 3.3(b).

3.5 Child Support
a. Father shall pay child support in accordance with the Child Support Guidelines, commencing on the first day of the month following the Effective Date.
b. Payment Method: [DIRECT DEPOSIT / STATE DISBURSEMENT UNIT].
c. Modifications: Either party may petition the Illinois family court for modification based on substantial change in circumstances.

3.6 Health Insurance & Uncovered Medical Expenses
Father shall maintain comprehensive health insurance for the Child and shall be responsible for [PERCENTAGE]% of unreimbursed medical, dental, and vision expenses.

3.7 Parenting Time and Decision-Making
The parties shall cooperate in developing a Parenting Plan consistent with the best interests of the Child. Unless and until a superseding court order is entered, the default allocation shall be:
• Decision-Making: [JOINT / SOLE] to [MOTHER / FATHER].
• Parenting Time: [SCHEDULE OR “AS AGREED BY THE PARTIES”].

3.8 Birth Certificate Amendment
The parties authorize the Illinois Department of Public Health to list Father’s name on the Child’s birth certificate upon acceptance of the VAP Form.

3.9 Tax Dependency Exemption
The parties agree that [MOTHER / FATHER / ALTERNATING] shall claim the Child as a dependent for federal and state income tax purposes, provided that doing so complies with Internal Revenue Service regulations.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations
a. Capacity: Each party is of legal age and has full capacity to execute this Agreement.
b. Marital Status: Mother represents that she was [UNMARRIED / MARRIED TO SOMEONE OTHER THAN FATHER] at the time of the Child’s conception and birth.
c. No Conflicting Claims: No third party has commenced or threatened any action claiming parentage of the Child.
d. Voluntariness: Execution of this Agreement is voluntary, free of fraud, duress, or coercion.
e. Counsel: Each party has had an opportunity to consult independent legal counsel.

4.2 Survival
All representations and warranties shall survive the execution of this Agreement and the filing of the VAP Form.

V. COVENANTS & RESTRICTIONS

5.1 Cooperation
Each party shall execute all documents and take all actions reasonably necessary to effectuate the intent of this Agreement, including participation in any required parenting education programs.

5.2 Notice of Address Change
A party shall provide the other written notice of any change of residence or mailing address within ten (10) days of such change.

5.3 Non-Assignment
No rights or obligations under this Agreement may be assigned or delegated without prior written consent of the other party, except as required for wage withholding or state-mandated child support enforcement.

VI. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to pay child support when due;
b. Failure to maintain health insurance as required;
c. Violation of court-ordered parenting time.

6.2 Notice & Cure
Except for immediate wage withholding under applicable law, the non-defaulting party shall give written notice and a ten (10) day opportunity to cure before seeking judicial relief.

6.3 Remedies
a. Entry of judgment for past-due support with statutory interest;
b. Income withholding, interception of tax refunds, suspension of licenses;
c. Findings of contempt and imposition of attorney’s fees and costs;
d. Any other relief available under Illinois family law.

VII. RISK ALLOCATION

7.1 Limitation of Liability
Each party’s financial liability is limited to obligations expressly stated in this Agreement and as imposed under Illinois child support, health-care, and parenting law. No consequential, punitive, or exemplary damages shall be recoverable.

7.2 Indemnification
Not applicable per Section VII metadata.

7.3 Force Majeure
Neither party shall be liable for delayed performance of non-support obligations due to events beyond reasonable control; provided, support and healthcare obligations are not excused.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflict-of-laws principles.

8.2 Exclusive Forum
The Circuit Court of [COUNTY], Illinois, Domestic Relations Division, shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement or the VAP Form.

8.3 Jury Waiver
The parties acknowledge that actions concerning parentage and support in Illinois are heard without a jury.

8.4 Injunctive Relief
The court may issue immediate injunctive or equitable relief to enforce support, parenting time, or any other material obligations herein.

8.5 Arbitration
Arbitration is not available for parentage or child-support matters under Illinois law.

IX. GENERAL PROVISIONS

9.1 Amendments
Any amendment must be in writing and signed by both parties; provided, statutory modifications to support shall supersede conflicting provisions without the need for further amendment.

9.2 Entire Agreement; Integration
This Agreement, together with the VAP Form and any parenting plan incorporated herein, constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior understandings.

9.3 Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the court shall reform the invalid provision to effectuate the parties’ intent.

9.4 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original. Electronic signatures and notarizations affixed in compliance with Illinois law shall be deemed valid and binding.

9.5 Successors & Assigns
This Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, administrators, and permitted assigns.

X. EXECUTION BLOCK

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

NOTARY ACKNOWLEDGMENT

STATE OF ILLINOIS )
COUNTY OF ___)

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [MOTHER NAME] and [FATHER NAME], proved to me on the basis of satisfactory evidence to be the individuals 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: Attach the official Illinois VAP Form immediately following this Agreement. The form must be completed in black ink, free of alterations, and signed in the presence of a witness or hospital staff as required. Both this Agreement and the VAP Form should be filed or mailed to the State Registrar in accordance with current administrative procedures.]