VOLUNTARY PATERNITY ACKNOWLEDGMENT

AND PARENTAL RESPONSIBILITY AGREEMENT

(State of New Jersey)

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

1. Parties.
   a. “[Father]” – [FATHER FULL LEGAL NAME], residing at [FATHER ADDRESS].
   b. “[Mother]” – [MOTHER FULL LEGAL NAME], residing at [MOTHER ADDRESS].
   c. “[Child]” – [CHILD FULL LEGAL NAME], born [DOB] in [CITY/COUNTY, NJ].

2. Purpose and Consideration. The Parties desire to (i) voluntarily acknowledge Father’s paternity of the Child pursuant to the New Jersey Parentage Act, N.J. Stat. Ann. §§ 9:17-38 et seq., and 42 U.S.C. § 666(a)(5)(C); (ii) establish the attendant rights and duties of parentage; and (iii) provide for child support and related matters, all in the best interests of the Child.

3. Effective Date. This Agreement is effective on the latest date of execution by a Party, as reflected in Section X.

4. Governing Law & Forum. This Agreement is governed by the laws of the State of New Jersey (“Governing Law”) and is subject to the exclusive jurisdiction of the Superior Court of New Jersey, Chancery Division, Family Part (“Family Court”).

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below. Defined terms apply equally to singular and plural forms.

“Agreement” means this Voluntary Paternity Acknowledgment and Parental Responsibility Agreement.

“Acknowledgment” means the voluntary admission of paternity executed in compliance with N.J. Stat. Ann. §§ 9:17-41 & 9:17-46 and federal Title IV-D requirements.

“Child Support Guidelines” means the New Jersey Child Support Guidelines codified in Appendix IX-A to New Jersey Court Rule 5:6A, as amended.

“Genetic Test” means any test of deoxyribonucleic acid (DNA) or other scientifically accepted means to determine parentage under N.J. Stat. Ann. § 9:17-48.

“Rescission Period” means the statutory period ending sixty (60) days after execution of the Acknowledgment or the date of the first court proceeding relating to the Child in which a party is a participant, whichever occurs first, during which either Party may rescind the Acknowledgment without cause.

“Support Obligation” means Father’s legal duty to provide support for the Child in accordance with Governing Law and the Child Support Guidelines.

III. OPERATIVE PROVISIONS

3.1 Voluntary Acknowledgment of Paternity.
a. Father hereby declares under penalty of perjury that he is the biological father of the Child.
b. Mother concurs in Father’s declaration and affirms that, to the best of her knowledge, no other individual is the biological father.
c. The Parties shall complete and file the State of New Jersey Certificate of Parentage (COP) with the Office of Vital Statistics and Registry within five (5) business days of execution.

3.2 Genetic Testing.
a. Right to Testing. Each Party acknowledges the statutory right to seek a court-ordered Genetic Test prior to the expiration of the Rescission Period.
b. Waiver. By initialing here → _ (Father) / ___ (Mother), the Parties knowingly waive immediate Genetic Testing, provided, however, such waiver does not preclude a court-ordered test if the Acknowledgment is timely challenged.

3.3 Rescission & Challenge.
a. Rescission. Either Party may rescind the Acknowledgment in writing within the Rescission Period by submitting the prescribed State form to the Office of Vital Statistics and Registry.
b. Post-Rescission Period Challenge. After the Rescission Period, the Acknowledgment may be challenged only on the basis of fraud, duress, or material mistake of fact, and the burden of proof shall rest on the challenger.

3.4 Support and Related Financial Terms.
a. Initial Support Amount. Father shall pay temporary child support of $[AMOUNT] per [WEEK/MONTH], commencing [START DATE], consistent with the Child Support Guidelines.
b. Health Insurance. Father shall maintain medical and dental insurance coverage for the Child, or contribute [PERCENTAGE]% of the premium as determined under Governing Law.
c. Child-Care & Extraordinary Expenses. The Parties shall share unreimbursed medical, educational, and child-care expenses in proportion to their respective net incomes (presently Father % / Mother %).

3.5 Parenting Time. The Parties shall negotiate a detailed Parenting Time Schedule in good faith within thirty (30) days of the Effective Date or, failing agreement, submit the issue to the Family Court for determination.

3.6 Conditions Subsequent. Failure to timely file the COP or to comply with Section 3.4 may constitute an Event of Default under Section VI.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual. Each Party represents and warrants that:
a. Capacity. They are of legal age, under no disability, and fully authorized to execute this Agreement.
b. No Prior Adjudication. No court has adjudicated paternity of the Child, and no conflicting acknowledgment is on file.
c. Voluntariness. Execution is voluntary, without duress, undue influence, or fraud.

4.2 Father-Specific. Father further represents that he has had the opportunity to consult independent counsel and obtain Genetic Testing.

4.3 Survival. The representations and warranties survive execution and filing of the Acknowledgment.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants.
a. Compliance. Each Party shall comply with all orders of the Family Court and with applicable support enforcement procedures.
b. Documentation. The Parties shall furnish all documentation reasonably required to calculate support, including income statements and tax returns.

5.2 Negative Covenants.
a. Non-Interference. Neither Party shall impede the Child’s relationship with the other absent court order.
b. Relocation. A custodial Party shall not permanently remove the Child from New Jersey without complying with N.J. Stat. Ann. § 9:2-2.

5.3 Notice & Cure. A Party alleging breach shall give written notice detailing the breach and a ten-(10-) day cure period before seeking court enforcement, except in emergencies affecting the Child’s welfare.

VI. DEFAULT & REMEDIES

6.1 Events of Default.
a. Failure to Pay Support.
b. Material breach of parenting time provisions.
c. Failure to provide required documentation under Section 5.1(b).

6.2 Remedies.
a. Income withholding, tax-refund intercepts, license suspension, and other statutory remedies.
b. Contempt proceedings in Family Court.
c. Recovery of reasonable attorney’s fees, costs, and interest.

VII. RISK ALLOCATION

7.1 Indemnification. Not applicable by agreement of the Parties.

7.2 Limitation of Liability. Nothing herein limits or caps Father’s or Mother’s statutory Support Obligation; the best interests of the Child control.

7.3 Force Majeure. Neither Party may rely on force majeure to avoid child support or fundamental parenting responsibilities.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. New Jersey substantive and procedural law governs.

8.2 Forum Selection. The Parties submit exclusively to the Family Court.

8.3 Arbitration. Not available for the subject matter of this Agreement.

8.4 Jury Waiver. Jury trials are not available in Family Court; each Party knowingly waives any right thereto.

8.5 Injunctive Relief. The Family Court retains authority to issue immediate injunctive or other equitable relief necessary to protect the Child’s welfare and enforce support.

IX. GENERAL PROVISIONS

9.1 Amendment. Must be in a signed writing accepted by both Parties and, where required, approved by the Family Court.

9.2 Assignment. No Party may assign rights or delegate duties hereunder without prior written consent of the other Party and approval of the Family Court.

9.3 Entire Agreement. This instrument constitutes the entire agreement concerning paternity, support, and related matters and supersedes all prior agreements, oral or written.

9.4 Severability. Invalidity of any provision shall not affect the remainder; the invalid provision shall be reformed to the minimum extent necessary to achieve lawful intent.

9.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, including by electronic signature, each of which is deemed an original.

9.6 Successors & Assigns. This Agreement binds and inures to the benefit of the Parties and their respective heirs, legal representatives, and permitted assigns.

X. EXECUTION BLOCK

[// GUIDANCE: New Jersey requires that a voluntary acknowledgment be signed before a notary public or qualified witness. Attach the official Certificate of Parentage form or replicate its notarial block here.]

IN WITNESS WHEREOF, the Parties execute this Agreement as of the dates set forth below.

NOTARY PUBLIC / OFFICER AUTHENTICATION

State of New Jersey )
County of ____ ) ss.:

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [FATHER FULL LEGAL NAME] and [MOTHER FULL LEGAL NAME], who proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to this instrument, and acknowledged that they executed the same for the purposes herein contained.

Notary Public: ____
My Commission Expires: ___

[// GUIDANCE:
1. File the Certificate of Parentage with the Office of Vital Statistics and Registry within the statutory timeframe.
2. Provide a certified copy of the filed acknowledgment to the local child support enforcement agency to facilitate wage withholding orders.
3. Re-run Child Support Guidelines whenever either Party’s income changes by 25% or more.
4. Calendar the 60-day Rescission Period deadline and advise clients accordingly.
]