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2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-206. Review of evaluation

§ 2-206. Review of evaluation
(a) Within 90 days after a person receives a preplacement evaluation with a finding that he or she is not suited to be an adoptive parent, the person may petition the Probate Division of the Superior Court for review of the evaluation.
(b) If the court determines that the petitioner has failed to prove suitability by a preponderance of the evidence, it shall order that the petitioner not be permitted to adopt a minor and shall send a copy of the order to the Department to be retained with the copy of the original evaluation. If, at the time of the court’s determination, the petitioner has custody of a minor for purposes of adoption, the court shall make an appropriate order for the care and custody of the minor.
(c) If the court determines that the petitioner has proved suitability, the court shall find the petitioner suitable to be an adoptive parent and the petitioner may commence or continue a proceeding for adoption of a minor. The court shall send a copy of its order to the Department to be retained with the copy of the original evaluation. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-207. Action by Department

§ 2-207. Action by Department
If, before a decree of adoption is issued, the Department learns from an evaluator or another person that a minor has been placed for adoption with a person who is the subject of a preplacement evaluation on file with the Department containing a finding of unsuitability, the Department shall immediately review the evaluation and investigate the circumstances of the placement and may request that the person return the minor to the custody of the person who placed the minor or to the Department. If the person refuses to return the minor, the Department shall immediately commence an action or proceeding to remove the minor from the home of the person and, pending a hearing, the court shall make an appropriate order for the care and custody of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-401. Persons whose consent to adoption is required

§ 2-401. Persons whose consent to adoption is required
(a) Unless consent is not required or is dispensed with by section 2-402 of this title, in a direct placement of a minor for adoption by a parent or guardian authorized under this title to place the minor, a petition to adopt the minor may be granted only if consent to the adoption has been executed by:
(1) the woman who gave birth to the minor;
(2) the biological father identified by the mother or as otherwise known to the court;
(3) 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;
(4) a man who:
(A) was not married to the minor’s mother at the time of the child’s birth;
(B) has acknowledged his paternity of the minor by executing a voluntary acknowledgment of paternity under 15 V.S.A. § 307 or has filed a notice to retain parental rights under section 1-110 of this title; and
(C) 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; and
(5) the minor’s guardian if expressly authorized by a court to consent to the minor’s adoption; or
(6) the current adoptive or other legally recognized mother and father of the minor.
(b) Unless consent is not required under section 2-402 of this title, in a placement of a minor for adoption by an agency authorized under this title to place the minor, a petition to adopt the minor may be granted only if consent to the adoption has been executed by:
(1) the agency that placed the minor for adoption; and
(2) a person described in subsection (a) who has not relinquished the minor or had his or her parental rights terminated.
(c) 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 by subsections (a) and (b) of this section, the minor has executed an informed consent to the adoption. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-402. Persons whose consent not required

§ 2-402. Persons whose consent not required
(a) Consent to an adoption of a minor is not required of:
(1) a person who has relinquished parental rights or guardianship powers, including the right to consent to adoption, to an agency pursuant to this part of this article;
(2) a person whose parental relationship to the minor has been judicially terminated or determined not to exist;
(3) 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;
(4) the personal representative of a deceased parent’s estate; or
(5) 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.
(b) The court may dispense with the consent of:
(1) 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 adoptee; or
(2) a minor adoptee who has attained 14 years of age upon a finding that it is not in the best interest of the minor to require the consent. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-403. Persons who may relinquish minor

§ 2-403. Persons who may relinquish minor
A parent or guardian whose consent to the adoption of a minor is required by section 2-401 of this title may relinquish to an agency all rights with respect to the minor, including legal and physical custody and the right to consent to the minor’s adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-404. Time and prerequisites for execution of consent or relinquishment

§ 2-404. Time and prerequisites for execution of consent or relinquishment
(a) A parent whose consent to the adoption of a minor is required by section 2-401 of this title may not execute a consent or a relinquishment sooner than 36 hours after the minor is born. A parent who executes a consent or relinquishment may revoke the consent or relinquishment within 21 days after the consent or relinquishment is executed by filing a written notice in the court in which the consent was executed.
(b) 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.
(c) 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.
(d) A minor adoptee whose consent is required may execute a consent at any time at or before the hearing on the petition for adoption.
(e) Before executing a consent or relinquishment, a parent shall have been informed of the meaning and consequences of adoption, the availability of personal and legal counseling, the consequences of misidentifying the other parent, the procedure for releasing information about the health and other characteristics of the parent which may affect the physical or psychological well-being of the adoptee, and the procedure for the release of the parent’s identity pursuant to Article 6 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-407. Consequences of consent or relinquishment

§ 2-407. Consequences of consent or relinquishment
(a) Except under a circumstance stated in section 2-408 of this title, a consent to the adoption of a minor, which consent is executed by a parent or guardian in substantial compliance with sections 2-405 and 2-406 of this title, is final and irrevocable 21 days after execution, and:
(1) unless a court orders otherwise to protect the welfare of the minor, entitles the prospective adoptive parent named or described in the consent to the legal and physical custody of the minor, and imposes on that person responsibility for the support and medical and other care of the minor;
(2) terminates any responsibility of a parent who executed the consent with respect to the minor, including child support (except for arrearages) upon filing the consent with the Family Division of the Superior Court that entered the child support order and notifying the office of child support; and
(3) terminates any right of a parent or guardian who executed the consent to object to the minor’s adoption by the prospective adoptive parent unless otherwise provided in the consent.
(b) Except under a circumstance stated in section 2-409 of this title, a relinquishment of a minor to an agency executed in substantial compliance with sections 2-405 and 2-406 is final and irrevocable 21 days after it is executed, and:
(1) unless a court orders otherwise to protect the welfare of the minor, entitles the agency to the legal custody of the minor until a decree of adoption becomes final;
(2) empowers the agency to:
(A) place the minor for adoption;
(B) consent to the minor’s adoption; and
(C) delegate to a prospective adoptive parent responsibility for the support and medical and other care of the minor;
(3) terminates any responsibility of the person who executed the relinquishment with respect to the minor, including child support (except for arrearages) upon filing the relinquishment with the Family Division of the Superior Court that entered the child support order notifying the office of child support; and
(4) terminates any right of the person who executed the relinquishment to object to the minor’s adoption and, unless otherwise provided in the relinquishment, any right to notice of the proceeding for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 2 - Adoption of Minors › § 2-409. Revocation of relinquishment

§ 2-409. Revocation of relinquishment
(a) A relinquishment under this title is revoked if:
(1) within 21 days after a relinquishment is executed, a parent who executed the relinquishment gives written notice to the court in which the relinquishment was signed and the agency to which the minor has been relinquished that the parent revokes the relinquishment, or the parent complies with any other instructions for revocation specified in the relinquishment; or
(2) the person who executed the relinquishment and the agency that accepted it agree to its revocation.
(b) The court shall set aside a relinquishment if the person who executed the relinquishment establishes:
(1) by clear and convincing evidence, before a decree of adoption is issued, that the relinquishment was obtained by fraud or duress; or
(2) by a preponderance of the evidence, that a condition permitting revocation has occurred, as expressly provided for in the relinquishment pursuant to section 2-406 of this title.
(c) If a relinquishment by a person who had legal and physical custody of a minor when the relinquishment was executed is revoked, the agency shall immediately return the minor to the person’s custody and move to dismiss a proceeding for adoption. If the minor is not returned immediately, the person may petition the court named in the relinquishment for appropriate relief. The court shall hear the petition expeditiously.
(d) If a relinquishment by a person who had legal and physical custody of a minor when the relinquishment was executed is set aside under subdivision (b)(1) of this section, the court shall dismiss any proceeding for adoption and order the immediate return of the minor to the custody of the person.
(e) If a relinquishment by a person who had legal and physical custody of a minor when the relinquishment was executed is set aside under subdivision (b)(2) of this section and no ground exists under Article 3, Part 5 of this title, for terminating the relationship of parent and child between the person and the minor, the court shall dismiss a proceeding for adoption and order the immediate return of the minor to the custody of the person, unless the court finds that return will be detrimental to the minor.
(f) If a relinquishment by a person who did not have physical custody of a minor when the relinquishment was executed is revoked or set aside and no ground exists under Article 3, Part 5, for terminating the relationship of parent and child between the person and the minor, the court shall dismiss a proceeding for adoption and shall issue an order providing for the care and custody of the minor according to the best interests of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-102. Venue

§ 3-102. Venue
(a) Except as provided in subsection (b) of this section, a petition for adoption may be filed in the Probate Division of the Superior Court in the district in which a petitioner resides or has legal residence at the time of filing, the adoptee resides, or an office of an agency or the Department that placed the adoptee is located.
(b) A consent or petition for relinquishment or termination of parental rights may be filed in the Probate Division of the Superior Court in the district in which the minor resides, a relinquishing parent resides, or the agency or person receiving the relinquishment has its principal place of business.
(c) Review of the appeal of a preplacement assessment shall take place in the probate division of the Superior Court in the district in which the appealing party resides or where the agency or person conducting the assessment is located. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-103. Transfer, stay, or dismissal

§ 3-103. Transfer, stay, or dismissal
If the court, on its own motion or on motion of a party to the proceeding for adoption, finds in the interests of justice that the matter should be heard in another forum where venue lies under section 3-102 of this title, the court may transfer, stay, or dismiss the proceeding, subject to any further conditions imposed by the court. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-201. Appointment of attorney or guardian ad litem

§ 3-201. Appointment of attorney or guardian ad litem
(a) In a proceeding under this title which may result in the termination of a relationship of parent and child, the court shall appoint an attorney for any person who is indigent, a minor, or incompetent who appears in the proceeding and whose parental relationship to a child may be terminated, unless the court finds that the minor or person who is incompetent has sufficient financial means to hire an attorney, or the person who is indigent declines to be represented by an attorney.
(b) The court shall appoint a guardian ad litem for a minor adoptee in a contested proceeding under this title and may appoint a guardian ad litem for a minor adoptee in an uncontested proceeding. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 74.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-203. Confidentiality of proceedings

§ 3-203. Confidentiality of proceedings
A civil proceeding under this title shall be heard in closed court. The court may admit persons not directly related to the proceedings on motion for good cause shown. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-204. Custody during pendency of proceeding

§ 3-204. Custody during pendency of proceeding
In order to protect the welfare of the minor, the court shall make an interim order for custody of a minor adoptee according to the best interests of the minor in a contested proceeding under this title for adoption or termination of a parental relationship and may make an interim order for custody in an uncontested proceeding. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-205. Removal of adoptee from State

§ 3-205. Removal of adoptee from State
Before a decree of adoption is issued, a petitioner may not remove a minor adoptee for more than 30 consecutive days from the state in which the petitioner resides without the permission of the court, if the minor was placed directly for adoption, or, if an agency placed the minor for adoption, the permission of the agency. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-206. Joinder of termination action

§ 3-206. Joinder of termination action
An action for termination of the legal relationship of parent and child pursuant to Part 5 of this article may be joined with a proceeding for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-207. Consolidation and coordination

§ 3-207. Consolidation and coordination
If another action or proceeding concerning the adoptee is pending in the Family Division of the Superior Court of this State during the pendency of a proceeding for adoption under this title, then either court in which an action is pending, on its own motion or on motion of any party to the proceeding for adoption, may request that the proceeding for adoption be consolidated with the Family Division of the Superior Court proceeding. Such a consolidation may be ordered by the Family Division of the Superior Court receiving the adoption action, pursuant to 4 V.S.A. § 455. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-208. Use of initials

§ 3-208. Use of initials
If a person uses initials to keep the person’s identity confidential as provided for under any section in this title, the court may require that person to disclose his or her identity to another party to a proceeding under this title if the court finds that such disclosure is necessary in order for the other party to exercise his or her rights in the proceeding. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-301. Standing to petition to adopt

§ 3-301. Standing to petition to adopt
(a) Except as otherwise provided in subsection (c) of this section, the only persons who have standing to petition to adopt a minor under this article are:
(1) a person with whom a minor has been placed for adoption or who has been selected as a prospective adoptive parent by a person authorized under this title to place the minor for adoption; or
(2) a person with whom a minor has not been placed for adoption or who has not been selected or rejected as a prospective adoptive parent pursuant to Article 2, Part 1 and Part 2 of this title, but who has had physical custody of the minor for at least six months immediately before seeking to file a petition for adoption and is allowed to file the petition by the court for good cause shown.
(b) The spouse of a petitioner shall consent to the petition unless judicially declared incompetent.
(c) A petition for adoption of a minor stepchild by a stepparent may be filed under Article 4 of this title and a petition for adoption of an emancipated minor may be filed under Article 5 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-302. Time for filing petition

§ 3-302. Time for filing petition
(a) Unless the court for good cause extends the time for filing, a petition for adoption shall be filed no later than 45 days after a minor is placed with the petitioner for the specific purpose of adoption. This provision does not apply to foster parent, relative, or stepparent adoptions.
(b) If a petition is not filed within 45 days after placement or within any extended period of time approved by the court, any interested person or agency may file an action challenging the prospective adoptive parent’s custody of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-303. Caption of petition

§ 3-303. Caption of petition
The caption of the petition shall read “In the Matter of the Adoption of .......... .” and shall contain the name by which the adoptee will be known or initials for the adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-304. Content of petition

§ 3-304. Content of petition
(a) A petition for adoption of a minor shall be signed and verified by the petitioner. It shall be filed and shall contain the following information or state why any of the information omitted is not contained in the petition:
(1) the full name, date of birth, and place and duration of residence of the petitioner, and his or her relationship to the adoptee, if any;
(2) the current marital status of the petitioner, including any pending divorce and the date of any judicial determination that a petitioner’s spouse is incompetent;
(3) the occupation and approximate income of each petitioner and that the petitioner has facilities and resources to provide for the care and support of the minor;
(4) that a preplacement evaluation favorable to the petitioner has been completed or updated within the 12 months before the placement, or that a preplacement evaluation has been waived by a court for good cause shown or is not required under section 2-201 of this title;
(5) the full birth or legal name, sex, and the time and date, or approximate time and date, and place of birth of the minor adoptee, and a statement that the minor is or is not an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq.;
(6) the circumstances under which the petitioner obtained physical custody of the minor, including the date of placement for adoption with the petitioner and the name of the agency or the name and relationship to the minor of the person that placed the minor;
(7) the length of time the minor has been in the physical custody of the petitioner or the reason why the petitioner does not have physical custody and the date and manner in which the petitioner intends to obtain physical custody;
(8) a description and estimate of the value of any known property of the minor;
(9) that any law governing interstate or intercountry placement was complied with;
(10) the name and relationship to the minor of any person who has executed a consent, relinquishment, or a disclaimer of paternal interest; the name and relationship to the minor of any person whose consent or relinquishment may be required whose parental relationship has not been terminated; and any fact or circumstance that may excuse the lack of consent;
(11) that a previous petition by the petitioner to adopt has or has not been made in any court and its disposition;
(12) a description of any previous court order or pending proceeding, known to the petitioner concerning child support for the minor or concerning custody of or visitation with the minor, including the name of the court;
(13) the full name by which the adoptee is to be known if the petition is granted; and
(14) any other fact known to the petitioner and needed to establish the jurisdiction of the court.
(b) The petitioner shall request in the petition:
(1) that the petitioner be permitted to adopt the minor as the petitioner’s child; and
(2) any other relief sought by the petitioner. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 1997, No. 53, § 4, eff. June 26, 1997.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-401. Service of notice

§ 3-401. Service of notice
(a) Unless notice has been waived, notice of a proceeding for adoption of a minor shall be served, within 30 days after a petition for adoption is filed, upon:
(1) a person whose consent to the adoption is required under section 2-401 of this title, but notice need not be served upon a person whose parental relationship to the minor or whose status as a guardian has been terminated;
(2) an agency whose consent to the adoption is required under section 2-401;
(3) a person whom the petitioner knows is claiming to be or who is named as the father or possible father of the minor adoptee and whose paternity of the minor has not been judicially determined, but notice need not be served upon a man who has executed a verified statement, as described in subdivision 2-402(a)(3) of this title, denying paternity or disclaiming any interest in the minor;
(4) a person other than the petitioner who has legal or physical custody of the minor adoptee or who has a right of communication or visitation with the minor under an existing court order issued by a court in this or another state;
(5) the spouse of the petitioner if the spouse has not joined in the petition; and
(6) a grandparent of a minor adoptee if the grandparent’s child is a deceased parent of the minor and, before death, the deceased parent had not executed a consent or relinquishment or the deceased parent’s parental relationship to the minor had not been terminated.
(b) The court shall require notice of a proceeding for adoption of a minor to be served upon any person the court finds, at any time during the proceeding, is:
(1) a person described in subsection (a) of this section who has not been given notice;
(2) a person who has revoked a consent or relinquishment pursuant to subsection 2-408(a) or 2-409(a) of this title or is attempting to have a consent or relinquishment set aside pursuant to subsection 2-408(b) or 2-409(b) of this title; or
(3) a person who, on the basis of a previous relationship with the minor adoptee, a parent, an alleged parent, or the petitioner, can provide information that is relevant to the proposed adoption and that the court in its discretion wants to hear.
(c) If, at any time in the proceeding, it appears to the court that there is an alleged father of the adoptee who has not been given notice, the court shall require notice of the proceeding to be given to him.
(d) The court shall send a duplicate copy of the petition to the Department. The Department shall determine whether or not the petitioners have been the subject of a substantiated complaint filed with the Department, and shall report its findings to the court within 14 days of receiving the petition. If a substantiated complaint has been filed with the Department, the Department shall include a copy of the investigative report that relates to the complaint with the findings it files with the court. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-402. Content of notice

§ 3-402. Content of notice
A notice required by section 3-401 of this title shall use initials for the name of a petitioner or any person named in the petition for adoption who has not waived confidentiality and shall contain:
(1) the caption of the petition;
(2) the address and telephone number of the court where the petition is pending;
(3) a concise summary of the relief requested in the petition;
(4) the name, mailing address, and telephone number of the petitioner’s attorney;
(5) a statement that the person served with the notice shall file a written appearance in the adoption proceeding within 20 days after service in order to participate in the proceeding and to receive further notice of the proceeding, including notice of the time and place of any hearing. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-403. Manner and effect of service

§ 3-403. Manner and effect of service
(a) Service of the notice required by section 3-401 of this title shall be made in a manner appropriate under the Vermont Rules of Probate Procedure unless the court otherwise directs; provided however, a parent or alleged parent who has not consented to the adoption or whose parental rights have not been terminated shall be personally served in accordance with the Vermont Rules of Civil Procedure.
(b) Except as otherwise provided in subsection (c) of this section, a person who fails, without good cause, to respond to the notice within 20 days after its service may not appear in or receive further notice of the proceeding for adoption.
(c) If a person is a respondent in a petition to terminate the relationship of parent and child and the petition is served upon the respondent with the notice required by section 3-401, the respondent may not appear in or receive further notice of the proceeding for adoption or for termination unless the respondent responds to the notice as required by section 3-503 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-404. Investigation and notice to unknown father

§ 3-404. Investigation and notice to unknown father
(a) It is important to the adoptee to have nonidentifying information, including health history, about his or her biological father, and for identifying information about him to be available upon the adoptee’s majority. It is the policy of this title to make every reasonable effort to identify and notify the biological father of the adoptee. Inquiries as to the identity of the biological father shall be conducted in a way that preserves the dignity and legal rights of the woman who gave birth to the adoptee.
(b) If at any time in the proceeding it appears to the court that an unknown father who is entitled to notice may not have been given notice, the court shall determine whether he can be identified. The determination shall be based on evidence that includes inquiry of appropriate persons in an effort to identify him for the purpose of providing notice.
(c) If inquiry pursuant to subsection (b) of this section identifies any man who is entitled to notice under section 3-401 of this title, the court shall require notice of the proceeding to be given to him pursuant to section 3-403 of this title.
(d) If, in an inquiry pursuant to this section, the woman who gave birth to the minor adoptee fails to disclose the identity of a possible father or reveal his whereabouts, she shall be advised that the proceeding for adoption may be delayed or subject to challenge if a possible father is not given notice of the proceeding and that the lack of information about the father’s medical and genetic history will be detrimental to the adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-405. Waiver of notice

§ 3-405. Waiver of notice
(a) A person entitled to receive notice required under this part may waive the notice before the court or in a consent, relinquishment, or other written document signed by the person or on behalf of the person.
(b) Except as provided in subsection (c) of this section, a person who has waived the requisite notice is not required to appear in the adoption proceeding.
(c) A parent who has executed a consent or relinquishment containing a waiver of notice may appear in the adoption proceeding for the limited purpose of moving to set aside the consent or relinquishment on the ground that it was obtained by fraud or coercion or for purposes as the court may permit as necessary to determine whether or not to grant the petition. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-406. Filing proof of service

§ 3-406. Filing proof of service
Proof of service of notice on each person entitled to receive notice under this part, or a certified copy of each waiver of notice, shall be on file with the court before the hearing on the adoption begins. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-501. Authorization

§ 3-501. Authorization
A petition to terminate the relationship between a parent or an alleged parent and a minor child may be filed in a proceeding for adoption under this title by:
(1) a parent or a guardian who has selected a prospective adoptive parent for a minor and who intends to place, or has placed, the minor with that person;
(2) a parent whose spouse has filed a petition under Article 4 of this title to adopt the parent’s minor child;
(3) a prospective adoptive parent of the minor who has filed a petition to adopt under this article or Article 4; or
(4) an agency that has selected a prospective adoptive parent for the minor and intends to place, or has placed, the minor with that person. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-502. Time and content of petition

§ 3-502. Time and content of petition
(a) A petition under this part may be filed at any time before entry of a decree of adoption.
(b) The petition shall be signed and verified by the petitioner, filed with the court, and state:
(1) the name and address of the petitioner;
(2) the name of the minor;
(3) the name and last known address of the parent or alleged parent whose parental relationship the petitioner seeks to terminate;
(4) the facts and circumstances forming the basis for the petition and the grounds on which termination of a parental relationship is sought;
(5) if the petitioner is a prospective adoptive parent, that the petitioner intends to proceed with the petition to adopt the minor if the petition to terminate is granted; and
(6) if the petitioner is a parent, a guardian, or an agency, that the petitioner has placed or intends to place the minor for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-503. Service of petition and notice

§ 3-503. Service of petition and notice
(a) A petition to terminate under this part and a notice of hearing on the petition shall be served upon the respondent in the manner prescribed in section 3-403 of this title.
(b) The notice of a hearing shall inform the respondent of the method for responding and that:
(1) the respondent has a right to be represented by an attorney and may be entitled to have an attorney appointed by the court; and
(2) if the respondent fails to respond within 20 days after service and, in the case of an alleged father, fails to file a claim of paternity within 20 days after service unless a claim of paternity is pending, the respondent may not appear in or receive further notice of the proceeding for adoption or termination and that the failure to respond will result in termination of the relationship of parent and child between the respondent and the minor unless the proceeding for adoption is dismissed. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-505. Effect of order granting petition

§ 3-505. Effect of order granting petition
(a) An order issued under this part granting the petition:
(1) terminates the relationship of parent and child between the respondent and the minor;
(2) extinguishes any right the respondent had to withhold consent to a proposed adoption of the minor or to further notice of a proceeding for adoption; and
(3) is a final order for purposes of appeal.
(b) An order issued under this part granting the petition shall not terminate an obligation for arrearages of child support. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-506. Effect of order denying petition

§ 3-506. Effect of order denying petition
(a) If the court fails to find a ground stated in section 3-504 of this title for terminating a relationship of parent and child, the court shall deny the petition to terminate and enter an order as follows:
(1) if the parent who was not the subject of the petition executed a consent or relinquishment contingent upon termination of the other parent’s relationship of parent and child, the court shall set aside the consent or relinquishment and make an order determining the temporary physical custody of the child pursuant to sections 2-408 and 2-409 of this title; or
(2) if the parent’s consent or relinquishment was not contingent, shall terminate the adoption proceeding and grant legal and physical custody of the minor to the parent who was the subject of the petition, unless the court finds by clear and convincing evidence that the prospective adoptive parent has been the primary care provider of the child for such a period of time that the harm to the child occasioned by a change in custody would likely be greater than the harm occasioned by not being parented by the parent who was the subject of the petition. In making this determination, it shall be a rebuttable presumption that it is in the best interests of the minor to be parented by the parent. Under such circumstances and notwithstanding any other provision of law, the court may make a visitation order as provided in section 4-112 of this title.
(b) An order issued under this part denying a petition to terminate a relationship of parent and child is a final order for purposes of appeal. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-601. Evaluation during proceeding for adoption

§ 3-601. Evaluation during proceeding for adoption
(a) Not later than five business days after a complete petition for adoption of a minor is filed, the court shall order that an evaluation be made by:
(1) a qualified employee of the agency that placed the minor for adoption; or
(2) in a direct placement adoption, the person who made the placement evaluation or another person qualified under section 2-202 of this title.
(b) The court shall provide the evaluator with a copy of the petition for adoption and copies of relevant items filed with the petition. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2017, No. 11, § 49.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-602. Content of post placement evaluation

§ 3-602. Content of post placement evaluation
(a) An evaluation shall be based on a personal interview with the petitioner in the petitioner’s residence and observation of the relationship between the minor adoptee and the petitioner.
(b) An evaluation shall be in writing and contain:
(1) an account of any change in the petitioner’s marital status or family history, physical or mental health, home environment, property, income, or financial obligations since the filing of the preplacement evaluation;
(2) all reasonably available information concerning the physical, mental, and emotional condition of the minor adoptee which is not included in any report on the minor’s health, genetic, and social history filed in the proceeding for adoption;
(3) copies of any court order, judgment, decree, or pending legal proceeding affecting the minor adoptee, the petitioner, or any child of the petitioner;
(4) any behavior or characteristics of the petitioner which raise a concern, as described in subsection 2-204(a) of this title; and
(5) a recommendation concerning the granting of the petition for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-603. Time and filing of evaluation

§ 3-603. Time and filing of evaluation
(a) The evaluator shall complete a written evaluation and file it with the court within 60 days after receipt of the court’s order for an evaluation, unless the court for good cause allows a later filing.
(b) If an evaluation produces a concern, as described in subsection 2-204(a) of this title, the evaluation shall be filed immediately and shall explain why the concern poses a risk of harm to the physical or psychological well-being of the minor.
(c) An evaluator shall give the petitioner a copy of an evaluation when filed with the court and for two years shall retain a copy and a list of every source for each item of information in the evaluation.
(d) A person who prepares an evaluation may charge a reasonable fee based on the time spent in conducting and writing the evaluation.
(e) An evaluation fee is subject to review by the court. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-701. Time for hearing on petition

§ 3-701. Time for hearing on petition
The hearing on the petition shall take place no sooner than 180 days after the minor has been placed in the home of the adopting parent. For good cause, the court may shorten the time for the hearing. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-702. Disclosure of fees and charges

§ 3-702. Disclosure of fees and charges
At least ten days before the hearing:
(1) the petitioner shall file with the court a signed and verified accounting of any payment or disbursement of money or anything of value made or agreed to be made by or on behalf of the petitioner in connection with the adoption or pursuant to Article 7 of this title. The accounting shall include the date and amount of each payment or disbursement made, the name and address of each recipient, and the purpose of each payment or disbursement;
(2) the attorney for a petitioner, parent, or guardian shall file with the court an affidavit itemizing any fee, compensation, or other thing of value received by, or agreed to be paid to, the attorney incidental to the placement and adoption of the minor; and
(3) if an agency or guardian placed the minor for adoption, the agency or guardian shall file with the court an affidavit itemizing any fee, compensation, or other thing of value received by the agency for, or incidental to, the placement and adoption of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-703. Granting petition for adoption

§ 3-703. Granting petition for adoption
(a) The court shall grant a petition for adoption if it determines by a preponderance of the evidence that the adoption will be in the best interests of the minor, and that:
(1) the adoptee has been in the physical custody of the petitioner for at least 180 days unless the court for good cause shown waives this requirement;
(2) notice of the proceeding for adoption has been served or dispensed with as to any person entitled to receive notice under Part 4 of this article;
(3) every necessary consent, relinquishment, waiver, disclaimer of paternal interest, judicial order terminating parental rights, including an order issued under Part 5 of this article, or other document has been obtained and filed with the court;
(4) any evaluation required by this title has been filed with and considered by the court;
(5) the petitioner is a suitable adoptive parent for the minor;
(6) if applicable, any requirement of this title governing an interstate or intercountry placement for adoption has been met;
(7) the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq., is not applicable to the proceeding or, if applicable, its requirements have been met;
(8) an accounting and affidavit required by section 3-702 of this title has been reviewed by the court, and the court has denied, modified, or ordered reimbursement of any payment or disbursement that is not authorized by Article 7 of this title or is unreasonable or unnecessary when compared with the expenses customarily incurred in connection with an adoption; and
(9) the petitioner has received each report required by section 2-105 of this title.
(b) Notwithstanding a finding by the court that an activity prohibited by this title has occurred, if the court makes the determinations required by subsection (a) of this section, the court shall grant the petition for adoption and report the violation to the appropriate authorities or take other appropriate action.
(c) Except as otherwise provided in Article 4 of this title, the court shall inform the petitioner and any other person affected by an existing order for visitation or communication with the minor adoptee that the decree of adoption terminates any existing order for visitation or communication. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-704. Denial of petition for adoption

§ 3-704. Denial of petition for adoption
If a court denies a petition for adoption, it shall dismiss the proceeding and issue an appropriate order for the legal and physical custody of the minor. If the reason for the denial is that a consent or relinquishment is revoked or set aside pursuant to section 2-408 or 2-409 of this title, the court shall determine the minor’s custody according to the criteria stated in those sections. If the petition for adoption is denied for any other reason, the court shall determine the minor’s custody according to the best interests of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)