VOLUNTARY PATERNITY (PARENTAGE) AGREEMENT
(INCLUDING RECOGNITION OF PARENTAGE)
STATE OF MINNESOTA
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Acknowledgment of Parentage
3.2 Execution and Filing of the Recognition of Parentage
3.3 Rescission and Challenge Rights
3.4 Genetic Testing
3.5 Custody, Parenting Time, and Decision-Making
3.6 Child Support and Related Financial Obligations
3.7 Tax Matters
3.8 Health Care Coverage - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block & Notary Acknowledgment
1. DOCUMENT HEADER
This Voluntary Paternity (Parentage) Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [LEGAL NAME OF MOTHER], residing at [ADDRESS] (“Mother”); and
• [LEGAL NAME OF FATHER], residing at [ADDRESS] (“Father”).
Mother and Father are sometimes referred to individually as a “Parent” and collectively as the “Parents.”
WHEREAS, a child named [FULL LEGAL NAME OF CHILD] (the “Child”) was born on [DOB] in [CITY, COUNTY], Minnesota;
WHEREAS, the Parents desire voluntarily to establish paternity in accordance with Minn. Stat. § 257.75 (2023) and related provisions of Minnesota law;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parents agree as follows:
[// GUIDANCE: Add recital details regarding marital status, prior proceedings, or DHS involvement as applicable.]
2. DEFINITIONS
“Child Support Guidelines” means the child support guidelines set forth in Minn. Stat. § 518A.35 (2023).
“Court” means the Family Court Division of the District Court of the State of Minnesota having jurisdiction over the Child.
“Recognition of Parentage” or “ROP” means the statutory form provided by the Minnesota Department of Health pursuant to Minn. Stat. § 257.75 for voluntarily acknowledging paternity.
“Support Order” means any order or judgment of the Court addressing child support, medical support, child care support, or arrears.
3. OPERATIVE PROVISIONS
3.1 Acknowledgment of Parentage
a. Father hereby irrevocably acknowledges that he is the biological and legal father of the Child.
b. Mother hereby affirms that Father is the biological and legal father of the Child.
c. The Parents intend that this Agreement, together with the fully executed ROP, shall establish paternity for all legal purposes, subject to statutory rescission rights.
3.2 Execution and Filing of the Recognition of Parentage
a. Contemporaneously with execution of this Agreement, the Parents shall duly complete, sign, and have notarized the ROP.
b. Within [10] calendar days after execution, Mother (or Father) shall file the ROP with the Minnesota Department of Health, Office of Vital Records, in accordance with Minn. Stat. § 257.75, subd. 3.
c. A copy-stamped ROP shall be provided to each Parent within [5] days of return from filing.
[// GUIDANCE: Attach completed ROP as Exhibit A for internal file retention; do not file this Agreement with Vital Records.]
3.3 Rescission and Challenge Rights
a. Either Parent may rescind the ROP within sixty (60) days after the date of the latest signature on the ROP or before the date of the first Court order related to the Child, whichever occurs earlier, by filing a timely written notice of rescission as provided in Minn. Stat. § 257.75, subd. 2.
b. After the rescission period, a Parent may challenge the ROP only on the basis of fraud, duress, or material mistake of fact, in accordance with Minn. Stat. § 257.75, subd. 4.
c. Nothing in this Agreement limits the right of the Child or the public authority to bring an action to establish, modify, or enforce a Support Order.
3.4 Genetic Testing
a. Each Parent acknowledges having been informed of the right to request genetic testing prior to executing the ROP.
b. By signing the ROP and this Agreement, each Parent knowingly, voluntarily, and expressly waives the right to seek genetic testing except as permitted under Minn. Stat. § 257.75, subd. 4.
c. If either Parent later obtains an order for genetic testing, the costs shall be allocated by the Court, absent written agreement otherwise.
3.5 Custody, Parenting Time, and Decision-Making
a. Legal Custody: Subject to Court approval, the Parents agree that [SOLE / JOINT] legal custody of the Child shall be granted to [PARENT].
b. Physical Custody & Parenting Time: The Parents agree to the Parenting Plan set forth in Exhibit B (the “Parenting Plan”).
c. Modifications: Any modifications shall be made in a writing executed by both Parents or by subsequent Court order.
[// GUIDANCE: Parenting Plan should comply with Minn. Stat. §§ 518.17 and 518.175.]
3.6 Child Support and Related Financial Obligations
a. Base Support: Child support shall be calculated pursuant to the Child Support Guidelines. A completed Child Support Worksheet (Form CSX104) is attached as Exhibit C.
b. Medical Support: Father shall provide health and dental insurance for the Child if available at reasonable cost; otherwise, Mother shall do so. Uninsured expenses shall be allocated [PERCENTAGE SPLIT].
c. Child Care Support: The Parents shall share child care expenses in proportion to their respective parental income for child support (“PICS”) percentages.
d. Payment Method: All support shall be paid through the Minnesota Child Support Payment Center, unless the Court orders direct payment.
e. Adjustment & Review: Either Parent may seek review and adjustment in accordance with Minn. Stat. § 518A.39.
f. Cap: No provision of this Agreement shall be construed to cap or limit a Parent’s statutory child-support obligations.
3.7 Tax Matters
a. Dependency Exemption: The Parents agree that the federal and state dependency exemption for the Child shall be claimed in tax year [YEAR] and alternating years thereafter by [PARENT], provided the claiming Parent is current on support obligations as of December 31 of the relevant tax year.
b. Form 8332: The non-claiming Parent shall execute IRS Form 8332 or successor form as reasonably necessary.
3.8 Health Care Coverage
a. HIPAA Authorization: Each Parent shall execute HIPAA-compliant authorizations permitting the other Parent to obtain the Child’s medical and dental records.
b. MNsure Notice: The Parents acknowledge that subsidized public health coverage (e.g., Medical Assistance or MinnesotaCare) may trigger statutory medical support obligations.
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each Parent represents that he or she is at least 18 years of age, is not under guardianship or conservatorship, and has legal capacity to enter into this Agreement and the ROP.
4.2 Accuracy. Each Parent represents that all personal information provided herein and on the ROP is true, complete, and correct.
4.3 No Prior Acknowledgment. Father represents that no other man is presumed or adjudicated to be the father of the Child, nor has any other recognition of parentage been executed regarding the Child.
4.4 No Conflict. Each Parent represents that execution of this Agreement does not violate any existing court order or applicable law.
The representations and warranties herein survive execution of this Agreement and the ROP.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. The Parents shall cooperate in good faith to implement the Parenting Plan and in any proceedings to obtain Court approval of this Agreement.
5.2 Notice of Proceedings. A Parent commencing any legal or administrative proceeding concerning the Child shall provide written notice to the other Parent at least [14] days before filing, unless emergency relief is sought.
5.3 Relocation. Neither Parent shall change the Child’s residence to a location outside Minnesota without (i) the written consent of the other Parent or (ii) Court authorization after notice and hearing.
6. DEFAULT & REMEDIES
6.1 Events of Default. A Parent shall be in default under this Agreement upon:
(i) failure to timely execute or file the ROP;
(ii) non-payment of child support when due;
(iii) material violation of the Parenting Plan; or
(iv) breach of any material covenant herein.
6.2 Cure Period. Except for support arrears, the defaulting Parent shall have [10] business days after written notice to cure the default.
6.3 Remedies. In addition to statutory remedies, the non-defaulting Parent may seek:
a. Contempt sanctions;
b. Compensatory parenting time;
c. Attorney’s fees and costs; and
d. Any other relief available under Minnesota law.
6.4 Attorney Fees. Upon a finding of bad faith or frivolous litigation, the Court may award attorney’s fees as provided by Minn. Stat. § 518.14.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable per Section ##State-Specific Metadata##.
7.2 Limitation of Liability. Nothing herein limits, reduces, or caps either Parent’s statutory obligation to support the Child.
7.3 Force Majeure. A Parent’s temporary inability to exercise parenting time due to events beyond reasonable control (e.g., natural disaster, military deployment, pandemic-related restrictions) shall not constitute a default, provided the Parent gives prompt notice and resumes compliance when the event ceases.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and all related disputes shall be governed by the laws of the State of Minnesota without regard to conflict-of-law principles.
8.2 Exclusive Forum. The Parents irrevocably submit to the exclusive jurisdiction of the Family Court of the State of Minnesota, [COUNTY] County, for all proceedings arising out of or relating to this Agreement, the ROP, or the Child.
8.3 Arbitration. Arbitration is not available for disputes concerning child custody, parenting time, or support.
8.4 Jury Waiver. Consistent with Minn. Stat. § 518.131, family-court matters are tried to the Court; jury trial is expressly waived.
8.5 Injunctive Relief. The Court shall retain authority to enter temporary restraining orders or injunctions as necessary to enforce parenting time or support obligations.
9. GENERAL PROVISIONS
9.1 Amendment. This Agreement may be amended only by a written instrument signed by both Parents and, where required, approved by the Court.
9.2 Entire Agreement. This Agreement (including exhibits) constitutes the entire understanding between the Parents concerning the subject matter and supersedes all prior agreements, oral or written.
9.3 Severability. If any provision is held invalid, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
9.4 Assignment. The rights and obligations of the Parents are personal and may not be assigned without prior written consent of the other Parent and Court approval where required.
9.5 Successors. This Agreement binds and benefits the Parents and their respective heirs, legal representatives, and permitted assigns.
9.6 Waiver. Failure to enforce any provision shall not be deemed a waiver of future enforcement.
9.7 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original and all of which together constitute one instrument.
9.8 Headings. Section headings are for convenience only and do not affect interpretation.
10. EXECUTION BLOCK & NOTARY ACKNOWLEDGMENT
IN WITNESS WHEREOF, the Parents have executed this Voluntary Paternity (Parentage) Agreement as of the Effective Date.
| Mother | Father |
|---|---|
| _________ | _________ |
| [MOTHER NAME] | [FATHER NAME] |
| Date: ___ | Date: ___ |
NOTARY PUBLIC – STATE OF MINNESOTA
On this _ day of _, 20____, before me, a Notary Public in and for said state, personally appeared [MOTHER NAME] and [FATHER NAME], known to me to be the persons who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed.
Notary Public
My commission expires: ____
[// GUIDANCE: Use a separate notarial certificate for each signatory if required by local notary practice.]
EXHIBIT A
EXECUTED RECOGNITION OF PARENTAGE (ROP) – DO NOT FILE THIS AGREEMENT WITH VITAL RECORDS
EXHIBIT B
PARENTING PLAN
EXHIBIT C
MINNESOTA CHILD SUPPORT GUIDELINES WORKSHEET (FORM CSX104)
[// GUIDANCE:
1. File the ROP promptly with the Minnesota Department of Health.
2. Submit this Agreement, Parenting Plan, and Child Support Worksheet to the Family Court for approval and incorporation into an order or judgment.
3. Verify all statutory citations against the current year’s Minnesota Statutes before final use.]