PATERNITY ACKNOWLEDGMENT AND PARENTING RESPONSIBILITY AGREEMENT

(North Carolina – Voluntary)

Table of Contents

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Voluntary Acknowledgment of Paternity
   3.2 Genetic‐Testing Disclosures & Waivers
   3.3 Birth Certificate & Child’s Surname
   3.4 Child Support Obligations
   3.5 Health-Care Coverage & Extraordinary Expenses
   3.6 Custody & Parenting Time (Optional)
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This PATERNITY ACKNOWLEDGMENT AND PARENTING RESPONSIBILITY AGREEMENT (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [FULL LEGAL NAME OF MOTHER], residing at [ADDRESS] (“Mother”); and
• [FULL LEGAL NAME OF PUTATIVE FATHER], residing at [ADDRESS] (“Father”) (collectively, the “Parties,” and each a “Party”).

Recitals

A. Mother gave birth to [CHILD’S FULL LEGAL NAME] (the “Child”) on [DATE OF BIRTH] in [CITY, COUNTY], North Carolina.
B. The Parties are not married to one another, and no adjudication of paternity has been entered with respect to the Child.
C. Father desires to voluntarily acknowledge paternity under applicable North Carolina and federal law, and Mother concurs.
D. The Parties desire to establish Father’s parental rights, Child support obligations, and related matters in a single enforceable instrument.

NOW, THEREFORE, in consideration of the mutual covenants herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

2. DEFINITIONS

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

“Applicable Guidelines” means the North Carolina Child Support Guidelines in effect on the Effective Date.

“Child Support” means the periodic monetary payments Father is obligated to make pursuant to Section 3.4.

“District Court” means the General Court of Justice, District Court Division, for the State of North Carolina having proper venue under N.C. law.

“Genetic Testing” has the meaning assigned in Section 3.2(a).

“Incomes” collectively refers to each Party’s gross monthly income calculated in accordance with the Applicable Guidelines.

“Support Enforcement Action” means any proceeding to enforce Child Support or health-care obligations pursuant to Chapter 110 of the North Carolina General Statutes or applicable federal law.

[// GUIDANCE: Add, delete, or modify definitions as necessary to accommodate additional negotiated terms (e.g., “Parenting Time”).]

3. OPERATIVE PROVISIONS

3.1 Voluntary Acknowledgment of Paternity

(a) Father hereby voluntarily acknowledges and declares, under penalty of perjury, that he is the biological father of the Child.
(b) The Parties shall execute, in duplicate, the North Carolina Voluntary Acknowledgment of Parentage (Form DHHS 1660) (the “AOP”) contemporaneously with this Agreement or within [NUMBER] business days following the Effective Date.
(c) Within [NUMBER] business days after execution, the AOP shall be filed with the North Carolina Vital Records Section in accordance with state procedures.
(d) Upon filing of the AOP, Father shall have the same legal parental rights and obligations as if paternity had been established by court order.

3.2 Genetic-Testing Disclosures & Waivers

(a) “Genetic Testing” means the collection and analysis of genetic samples sufficient to establish or exclude paternity with at least 99% probability.
(b) Each Party represents that he or she has been informed of the right to request Genetic Testing before executing this Agreement and the AOP.
(c) By signing this Agreement and the AOP, Father knowingly waives any right to demand Genetic Testing except as may be permitted to contest the AOP for fraud, duress, or material mistake of fact within the statutory challenge period.
(d) Nothing herein restricts the authority of the District Court or the North Carolina Child Support Enforcement Agency to order Genetic Testing upon a timely, statutory challenge to the AOP.

[// GUIDANCE: North Carolina allows rescission of an AOP within 60 days and challenges thereafter on limited grounds. Insert specific timeframes if desired.]

3.3 Birth Certificate & Child’s Surname

(a) The Parties authorize and direct the State Registrar to place Father’s name on the Child’s birth certificate.
(b) The Child’s surname shall be [SURNAME].
(c) Any subsequent change of the Child’s surname shall follow the procedures in N.C. Gen. Stat. §§ 101-1 et seq.

3.4 Child Support Obligations

(a) Calculation. Child Support shall be calculated using Worksheet [A/B/C] under the Applicable Guidelines.
(b) Amount. Commencing [START DATE], Father shall pay Mother the sum of $[AMOUNT] per month as base Child Support.
(c) Payment Method. Payments shall be made by income withholding through the North Carolina Child Support Centralized Collections Operation unless the Parties mutually elect an alternative lawful method in writing.
(d) Annual Review. The Parties shall exchange their Incomes not later than every [12/24] months to determine whether Child Support should be modified pursuant to the Applicable Guidelines.
(e) Statutory Cap. Nothing in this Agreement shall be construed to cap, limit, or waive any Child Support obligations beyond what is permissible under North Carolina law.

3.5 Health-Care Coverage & Extraordinary Expenses

(a) Health Insurance. Father shall maintain comprehensive medical and dental insurance for the Child if available to Father at a reasonable cost as defined by the Applicable Guidelines.
(b) Uninsured Expenses. The Parties shall share uninsured medical, dental, vision, and mental-health expenses for the Child in the following proportions: Mother [] % / Father [] %.
(c) Child-Care & Education. The Parties shall allocate verified work-related child-care, preschool, and educational expenses in accordance with the Applicable Guidelines or as follows: [SPECIFY ALLOCATION OR LEAVE BLANK].

3.6 Custody & Parenting Time (Optional)

[INSERT, IF DESIRED, A DETAILED OR BASIC CUSTODY/PARENTING SCHEDULE.
// GUIDANCE: North Carolina requires a “best interests of the child” standard. Attach a separate Parenting Plan Exhibit if comprehensive terms are negotiated.]

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity and Authority. Each Party represents that he or she (i) is at least eighteen (18) years of age and legally competent; (ii) has full authority to enter into this Agreement; and (iii) is not relying on any representation not expressly set forth herein.

4.2 No Duress; Informed Consent. Each Party acknowledges entering this Agreement freely, voluntarily, and without duress or undue influence, and after the opportunity to consult independent legal counsel.

4.3 Complete Disclosure. Each Party affirms that all financial information provided for Child Support calculation is, to the best of that Party’s knowledge, true, correct, and complete.

4.4 Survival. The representations and warranties in this Section 4 shall survive the execution and delivery of this Agreement and the filing of the AOP.

5. COVENANTS & RESTRICTIONS

5.1 Filing & Registration. The Parties shall cooperate in filing all documents (including the AOP) necessary to perfect Father’s legal status and to facilitate income withholding for Child Support.

5.2 Non-Interference. Neither Party shall impede or delay the other Party’s compliance with the terms of this Agreement, court orders, or administrative directives relating to support, custody, or vital-records actions.

5.3 Notice of Material Changes. Each Party shall provide the other with written notice of any change in residence, employment, or health-insurance availability within ten (10) days of such change.

6. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Failure to pay any Child Support installment within [10] days after its due date;
(b) Failure to maintain required health insurance;
(c) Violation of any material provision of this Agreement.

6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have [15] days to cure monetary defaults and [30] days to cure non-monetary defaults, unless a shorter period is mandated by law for Child Support arrears.

6.3 Remedies. Upon occurrence of an uncured default, the non-defaulting Party may pursue one or more of the following:
(i) file a Support Enforcement Action;
(ii) seek income withholding, interception of tax refunds, or license suspension;
(iii) request civil or criminal contempt;
(iv) recover reasonable attorneys’ fees and costs as provided by N.C. Gen. Stat. § 50-13.6 or successor statutes.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable.

7.2 Limitation of Liability. The Parties acknowledge that, as a matter of public policy, no private agreement may relieve either parent of the statutory duty to support a minor child. Accordingly, no limitation of liability shall apply to Child Support obligations.

7.3 Force Majeure. A Party prevented from timely performance of non-monetary obligations (e.g., supervised visitation) by reason of force majeure shall not be in default during the period of impairment, provided such Party gives prompt notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina (the “Governing Law”).

8.2 Exclusive Forum. Any action arising out of or relating to this Agreement shall be heard exclusively in the District Court sitting in [COUNTY] County, North Carolina, or as otherwise required by the Governing Law.

8.3 Arbitration. Arbitration of paternity and Child Support matters is not available under North Carolina law.

8.4 Jury Waiver. The Parties acknowledge that North Carolina family-law proceedings are heard without a jury.

8.5 Injunctive Relief. Nothing herein shall limit either Party’s ability to seek temporary or permanent injunctive relief to enforce Child Support, custody, or other child-related obligations.

9. GENERAL PROVISIONS

9.1 Amendment; Waiver. No amendment or waiver of any provision of this Agreement shall be valid unless in writing and executed by both Parties, and, where required, approved by the District Court.

9.2 Assignment. Parental rights and obligations are personal and may not be assigned or delegated, except as expressly provided by law.

9.3 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted.

9.4 Integration. This Agreement, together with the AOP and any exhibits or schedules, constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements.

9.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted electronically or by facsimile shall be deemed to have the same legal effect as originals.

9.6 Further Assurances. Each Party shall execute and deliver any additional documents reasonably necessary to carry out the intent of this Agreement.

9.7 Headings. Section headings are for convenience only and shall not affect interpretation.

9.8 Construction. The Parties have jointly negotiated this Agreement; no presumption shall arise against either Party by reason of authorship.

10. EXECUTION BLOCK

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

NOTARIZATION

State of North Carolina
County of [COUNTY]

I, ______, a Notary Public for the jurisdiction aforesaid, certify that [MOTHER NAME] and [FATHER NAME] personally appeared before me this day, acknowledged the due execution of the foregoing Agreement, and affirmed that the statements therein are true.

Witness my hand and official seal, this _ day of _, 20__.

Notary Public: ____
My Commission Expires: __

[Seal]

[// GUIDANCE:
1. File the executed AOP (Form DHHS 1660) with NC Vital Records.
2. Consider contemporaneously filing this Agreement as a voluntary support agreement under N.C. Gen. Stat. § 110-132 to obtain a court order, which accelerates enforcement rights.
3. Attach the applicable Child Support Worksheet as an exhibit.
4. Consult separate counsel if custody terms will be included or if either Party receives public assistance.]