VOLUNTARY PATERNITY ACKNOWLEDGMENT

(West Virginia – Comprehensive Template)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Paternity Acknowledgment
   3.2 Required Filing & Recordation
   3.3 Rescission Rights
   3.4 Genetic Testing (Optional)
   3.5 Child Support & Related Obligations
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

[// GUIDANCE: Delete Table of Contents before filing if not required by court rules.]

1. DOCUMENT HEADER

VOLUNTARY PATERNITY ACKNOWLEDGMENT AND SUPPORT AGREEMENT
(the “Agreement”)

This Agreement is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”), by and among:

1. [FATHER LEGAL NAME], an individual with a mailing address at [ADDRESS] (“Father”);
2. [MOTHER LEGAL NAME], an individual with a mailing address at [ADDRESS] (“Mother,” and together with Father, the “Parents”); and
3. [CHILD LEGAL NAME], born on [DOB] in [COUNTY], West Virginia (the “Child”).

The Parents desire voluntarily to establish legal paternity of the Child and to set forth their respective rights and obligations, all in accordance with applicable West Virginia paternity statutes and regulations (collectively, “State Paternity Law”).

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings assigned below:

“Acknowledgment Form” means the State-approved “Affidavit of Paternity,” or any successor form, required under State Paternity Law to establish paternity by voluntary acknowledgment.

“Bureau” means the West Virginia Bureau for Public Health, Office of Vital Registration, or its successor.

“Family Court” means the West Virginia family court having proper venue under State Paternity Law.

“Guidelines” means the West Virginia child support guidelines in effect on the date that support is calculated under Section 3.5.

“Rescission Period” means the sixty (60) calendar days after the date the last Parent signs the Acknowledgment Form, or until the date of an initial court hearing relating to the Child, whichever occurs first, as provided under State Paternity Law.

[// GUIDANCE: Add any additional defined terms required for specific parenting or financial arrangements.]

3. OPERATIVE PROVISIONS

3.1 Paternity Acknowledgment

(a) Father hereby irrevocably acknowledges that he is the biological and legal parent of the Child.
(b) Mother confirms that Father is the only biological parent other than herself.
(c) Upon execution of this Agreement, the Parents shall complete, sign, and have notarized the Acknowledgment Form.

3.2 Required Filing & Recordation

(a) Within five (5) business days after execution of the Acknowledgment Form, the Parents shall deliver the fully executed original to the Bureau for recordation.
(b) Upon recordation, the Bureau shall amend the Child’s birth certificate to list Father as the Child’s legal father.

3.3 Rescission Rights

(a) Either Parent may rescind the Acknowledgment Form by written notice delivered to the Bureau at any time during the Rescission Period.
(b) After the Rescission Period, the Acknowledgment Form may be challenged only as provided under State Paternity Law and only on the basis of fraud, duress, or material mistake of fact.

3.4 Genetic Testing (Optional)

(a) Request. Either Parent may request genetic testing prior to executing the Acknowledgment Form.
(b) Administration. If requested, the Parents shall cooperate in scheduling and appearing for legally admissible DNA testing conducted by an accredited laboratory.
(c) Cost Allocation. The requesting Parent shall advance testing costs; costs shall be finally allocated in accordance with any subsequent Family Court order.
[// GUIDANCE: Omit or retain Section 3.4 if testing has already been completed.]

3.5 Child Support & Related Obligations

(a) Guidelines Application. Father shall provide child support in an amount calculated under the Guidelines.
(b) Initial Calculation. Within thirty (30) days after the Effective Date, the Parents shall complete and exchange financial disclosure statements in the form prescribed by the Family Court and either:
(i) enter into a written stipulation for support consistent with the Guidelines, or
(ii) file a petition requesting the Family Court to determine support.
(c) Health Insurance. Father shall maintain health insurance for the Child if available at a reasonable cost through employment or other group plan.
(d) Extraordinary Expenses. The Parents shall share uninsured medical, dental, vision, and agreed extracurricular expenses in proportion to their respective net incomes, unless otherwise ordered by the Family Court.
(e) Income Withholding. Any support order may be enforced through immediate income withholding as permitted under State Paternity Law.
(f) Liability Cap. Father’s monetary liability under this Agreement shall not exceed child support amounts ordered in accordance with the Guidelines, together with statutory interest and enforcement costs.

4. REPRESENTATIONS & WARRANTIES

Each Parent represents and warrants to the other that, as of the Effective Date:

4.1 Legal Capacity. He or she is of legal age, mentally competent, and under no legal incapacity.

4.2 Marital Status. Mother was [MARRIED / UNMARRIED] at the time of the Child’s conception and birth.
[// GUIDANCE: If Mother was married to another individual at conception or birth, consult counsel regarding the marital presumption and necessary joinder.]

4.3 No Prior Determination. No court has previously adjudicated the paternity of the Child.

4.4 No Pending Proceedings. There is no pending action or claim regarding paternity, support, or custody of the Child.

4.5 Full Disclosure. Each Parent has made full, fair, and accurate disclosure of all information material to this Agreement.

4.6 Voluntariness. This Agreement is executed voluntarily and without coercion, duress, or undue influence.

The representations and warranties in this Article 4 survive execution of this Agreement and the filing of the Acknowledgment Form.

5. COVENANTS & RESTRICTIONS

5.1 Cooperation. Each Parent shall execute all documents and take all actions reasonably necessary to effectuate the purposes of this Agreement, including timely appearance at administrative or court proceedings.

5.2 Notice of Change. Each Parent shall provide the other with written notice of any change in residence, contact information, or employment within ten (10) days after such change.

5.3 Non-Disparagement. Neither Parent shall disparage the other in the presence of the Child.

5.4 Future Parenting Matters. Custody and parenting-time arrangements are not resolved by this Agreement and shall be determined by separate agreement or court order.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute an “Event of Default” by a Parent (“Defaulting Parent”):
(a) Failure to execute or file the Acknowledgment Form within the time required;
(b) Failure to comply with any obligation to pay child support, maintain insurance, or share expenses under Section 3.5;
(c) Material breach of any covenant in Article 5.

6.2 Notice & Cure. The non-defaulting Parent (“Non-Defaulting Parent”) shall provide written notice specifying the Event of Default. The Defaulting Parent shall have ten (10) calendar days to cure, unless a different period is mandated by State Paternity Law.

6.3 Remedies. If not timely cured, the Non-Defaulting Parent may:
(a) petition the Family Court for enforcement, including wage withholding, judgment for arrears, and statutory penalties;
(b) seek reimbursement of reasonable attorney’s fees, court costs, and collection expenses; and
(c) pursue any other remedies available under State Paternity Law.

7. RISK ALLOCATION

7.1 Indemnification. Indemnification is not applicable under the metadata provided.

7.2 Limitation of Liability. Except for willful misconduct or fraud, each Parent’s liability is limited to child support obligations, statutory add-ons, and court-awarded fees or costs.

7.3 Force Majeure. A Parent is excused from non-monetary performance under this Agreement to the extent prevented by events beyond the Parent’s reasonable control, provided that the Parent gives prompt written notice to the other Parent and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by and construed under the laws of the State of West Virginia relating to paternity, child support, and family law matters (“State Paternity Law”), without regard to conflict-of-laws principles.

8.2 Exclusive Forum. All actions arising out of or relating to this Agreement shall be filed exclusively in the Family Court with venue as determined by State Paternity Law.

8.3 Arbitration. Arbitration is not available for the subject matter of this Agreement.

8.4 Jury Waiver. Jury trials are unavailable for paternity and child-support matters in Family Court; accordingly, no jury-trial waiver is required.

8.5 Injunctive Relief. Nothing in this Agreement limits the authority of the Family Court or the Bureau to enter income-withholding, license-suspension, or other injunctive orders to enforce support obligations under State Paternity Law.

9. GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement, together with the Acknowledgment Form and any support order subsequently entered, comprises the entire understanding of the Parents on the subject matter hereof and supersedes all prior or contemporaneous agreements.

9.2 Amendments. This Agreement may be amended only by a written instrument executed by both Parents and, where required by law, approved by the Family Court.

9.3 Severability. If any provision is held invalid or unenforceable, the remainder shall be given full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to comply with law.

9.4 Assignment. No Parent may assign or delegate any rights or obligations under this Agreement without the prior written consent of the other Parent and, where required, the approval of the Family Court.

9.5 Successors & Assigns. This Agreement binds and benefits each Parent and his or her respective heirs, personal representatives, and permitted assigns.

9.6 Waiver. Failure or delay by a Parent to exercise any right or remedy does not constitute a waiver of that right or remedy.

9.7 Counterparts; Electronic Signatures. This Agreement may be signed in counterparts, each of which is an original and all of which together form one instrument. Signatures transmitted electronically (including via PDF or similar format) are deemed original for all purposes.

10. EXECUTION BLOCK

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

NOTARY ACKNOWLEDGMENT

State of West Virginia, County of [COUNTY]

Subscribed, sworn to, and acknowledged before me by [FATHER LEGAL NAME] and [MOTHER LEGAL NAME] on this ___ day of _, 20.

Notary Public

My Commission Expires: _____

[Seal]

[// GUIDANCE:
1. Confirm whether one or two witnesses are required under local practice.
2. Attach the completed Acknowledgment Form as Exhibit A before filing.
3. Provide this Agreement to the Family Court only if required for support proceedings; otherwise retain in client files.
4. Review all statutory time limits for rescission and challenge prior to execution.
]