Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Vermont may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Vermont child adoption law including such topics as adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Facilitators in Adoptive Placements
Citation: Ann. Stat. Tit. 15A, § 2-102(a)-(d)
A parent or guardian authorized to place a minor for adoption may place the minor only with a prospective adoptive parent who has a valid favorable preplacement evaluation or for whom a preplacement
evaluation is not required. The parent or guardian shall personally select a prospective adoptive parent.
A parent or guardian may be assisted by another person in locating a prospective adoptive parent. A prospective adoptive parent may be assisted by another person in locating a minor who is available
for adoption.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: Tit. 15A, § 7-103(a)
Medical, hospital, pharmaceutical, nursing, or other similar costs
Counseling services for a reasonable time before and after the child's placement
Living expenses for the birth mother for a reasonable time
Legal fees, court costs, and other administrative expenses
Transportation for services provided
Any other service or expense the court finds reasonable and necessary
Birth Parent Expenses Not Allowed
Citation: Tit. 15A, § 7-103(a)(4)
Payments for living expenses may continue for no more than 6 weeks after the child's birth.
Allowable Payments for Arranging Adoption
Citation: Tit. 15-A, § 7-105
A person may not offer or receive payment for:
The placement of a child
A consent to adoption
The recruitment of nonresident pregnant women for the purpose of relinquishing their children
Allowable Payments for Relinquishing Child
Citation: Tit. 15A, § 7-103(b)-(c)
Payment may not be made contingent on relinquishing the child or giving consent to the adoption.
No payment may be made directly to the parent without prior court approval.
Accounting of Expenses Required by Court
Citation: Tit. 15-A, § 3-702
At least 10 days before the hearing:
The petitioners shall file accounting of any payment or disbursement made or agreed to be made.
The attorney for the petitioners shall file an affidavit itemizing any fees accepted for adoption-related services.
If an agency or guardian placed the child for adoption, the agency or guardian shall file an affidavit itemizing all fees and expenses paid.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Stat. Tit. 15A, § 2-401
In a direct placement of a minor for adoption by a parent or guardian, a petition to adopt the minor may be granted only if consent to the adoption has been executed by:
The woman who gave birth to the minor
The biological father identified by the mother or as otherwise known to the court
A man who is or has been married to the woman if the minor was born during the marriage or within 300 days after the marriage was terminated or a court issued a decree of separation
A man who meets all of the following conditions:
Was not married to the minor's mother at the time of the child's birth
Has acknowledged his paternity of the minor by executing a voluntary acknowledgment of paternity or has filed a notice to retain parental rights
Has demonstrated a commitment to the responsibilities of parenthood by establishing a custodial, personal, or financial relationship with the child, unless he was prevented from demonstrating such commitment
or was unable to demonstrate such commitment
The minor's guardian if expressly authorized by a court to consent to the minor's adoption
The current adoptive or other legally recognized mother and father of the minor
In a placement of a minor for adoption by an agency authorized to place the minor, a petition to adopt the minor may be granted only if consent to the adoption has been executed by:
The agency that placed the minor for adoption
A person described above who has not relinquished the minor or had his or her parental rights terminated
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Stat. Tit. 15A, § 2-401
Unless the court dispenses with the minor's consent, a petition to adopt a minor who has attained 14 years of age may be granted only if, in addition to any consent required above, the minor has executed
an informed consent to the adoption.
When Parental Consent is not Needed
Citation: Ann. Stat. Tit. 15A, § 2-402
Consent to an adoption of a minor is not required of:
A person who has relinquished parental rights or guardianship powers, including the right to consent to adoption, to an agency
A person whose parental relationship to the minor has been judicially terminated or determined not to exist
A man who has not been married to the woman who gave birth to the minor and who, after the conception of the minor, executes a notarized statement denying paternity or disclaiming any interest in the minor
and acknowledging that his statement is irrevocable when executed
The personal representative of a deceased parent's estate
A parent or other person who has not executed a consent or a relinquishment and who fails to file an answer or make an appearance in a proceeding for adoption or for termination of a parental relationship
within the requisite time after service of notice of the proceeding
The court may dispense with the consent of:
A guardian or an agency whose consent is otherwise required upon a finding that the consent is being withheld unreasonably, contrary to the best interest of a minor adopted person
A minor who is age 14 or older upon a finding that it is not in the best interest of the minor to require the consent
When Consent Can Be Executed
Citation: Ann. Stat. Tit. 15A, § 2-404
A parent whose consent to the adoption is required may not execute a consent or a relinquishment sooner than 36 hours after the minor is born.
A guardian may execute a consent to the adoption of a minor or a relinquishment at any time after being authorized by a court to do so.
An agency that places a minor for adoption may execute its consent at any time before or during the hearing on the petition for adoption.
A minor whose consent is required may execute a consent at any time at or before the hearing on the petition for adoption.
Revocation of Consent
Citation: Ann. Stat. Tit. 15A, §§ 2-407; 2-408; 2-409
Except as specified below, a consent to adoption that is executed by a parent or guardian is final and irrevocable 21 days after execution.
In a direct placement of a minor for adoption by a parent or guardian, and before the adoption is finalized, a consent is revoked if:
Within 21 days after the consent is executed, a parent who executed the consent notifies the court in writing that the parent revokes the consent.
The person who executed the consent and the prospective adoptive parent agree to its revocation.
In a direct placement by a parent or guardian, the court shall set aside the consent if the person who executed the consent establishes:
By clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress
By a preponderance of the evidence before a decree of adoption is issued that, without good cause shown, a petition to adopt was not filed within 45 days after the minor was placed for adoption, unless
the 45-day period was extended by the court, in which event the petition to adopt was not filed within the extended period set by the court
By a preponderance of the evidence, that a condition permitting revocation has occurred
A relinquishment is revoked if:
Within 21 days after a relinquishment is executed, a parent who executed the relinquishment gives written notice to the court and the agency to which the minor has been relinquished that the parent
revokes the relinquishment.
The person who executed the relinquishment and the agency that accepted it agree to its revocation.
The court shall set aside a relinquishment if the person who executed the relinquishment establishes:
By clear and convincing evidence, before a decree of adoption is issued, that the relinquishment was obtained by fraud or duress
By a preponderance of the evidence, that a condition permitting revocation has occurred
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: Tit. 15A, §§ 3-503; 3-404
The putative father must file a claim of paternity within 20 days after notice of termination proceedings, unless a claim of paternity is pending.
Reasonable efforts are made to identify and notify the biological father. This may include inquiries of appropriate persons.
Please visit adoption law in Vermont for more details. |