reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-705. Decree of adoption

§ 3-705. Decree of adoption
(a) A decree of adoption shall state or contain:
(1) the original name of the minor adoptee, if the adoption is by a stepparent or relative and, in all other adoptions, the original name or initials;
(2) the name of the petitioner for adoption;
(3) whether the petitioner is married or unmarried;
(4) whether the petitioner is a stepparent of the adoptee;
(5) the name by which the adoptee is to be known and when the name takes effect;
(6) information to be incorporated into a new birth certificate to be issued by the State Registrar of Vital Records, unless the petitioner or an adoptee who has attained 14 years of age requests that a new certificate not be issued;
(7) the adoptee’s date, time, and place of birth, if known, or in the case of an adoptee born outside the United States, as determined pursuant to subsection (b) of this section;
(8) the effect of the decree of adoption as stated in sections 1-104 through 1-106 of this title; and
(9) that the adoption is in the best interests of the adoptee.
(b) In determining the date and place of birth of an adoptee born outside the United States, the court shall:
(1) enter the date and place of birth as stated in the birth certificate from the country of origin, the U.S. Department of State’s report of birth abroad, or the documents of the U.S. Immigration and Naturalization Service;
(2) if the exact place of birth is unknown, enter the information that is known and designate a place of birth according to the best information known with respect to the country of origin;
(3) if the exact date of birth is unknown, determine a date of birth based upon medical evidence as to the probable age of the adoptee and other evidence the court considers appropriate; and
(4) if documents described in subdivision (1) of this subsection are not available, determine the date and place of birth based upon evidence the court finds appropriate to consider.
(c) Except for a decree of adoption of a minor by a stepparent which is issued pursuant to Article 4 of this title, a decree of adoption of a minor shall contain a statement that any order or agreement for visitation or communication with the minor that was in effect before the decree is issued shall be unenforceable.
(d) A decree that substantially complies with the requirements of this section is not subject to challenge solely because one or more items required by this section are not contained in the decree. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2017, No. 46, § 58, eff. July 1, 2019.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-706. Applicability of rules of probate procedure; expeditious hearing of appeals; motion for relief from decree or order; no stay on appeal

§ 3-706. Applicability of rules of probate procedure; expeditious hearing of appeals; motion for relief from decree or order; no stay on appeal
(a) The Vermont Rules of Probate Procedure shall apply to all proceedings under this title, unless a different procedure is specifically prescribed in this title.
(b) An appeal from a decree of adoption or other appealable order issued under this title shall be heard expeditiously.
(c) Notwithstanding the one-year limitation for filing a motion provided for in Rule 60(b) of the Vermont Rules of Probate Procedure, a motion for relief from a decree of adoption or order under Rule 60(b)(1), (2), and (3) may be filed not more than six months after the decree or order was entered.
(d) Notwithstanding Rule 62 of the Vermont Rules of Probate Procedure, an appeal of a decree of adoption or order issued under this title does not operate as an automatic stay of the decree or order.
(e) The validity of a decree of adoption issued under this title may not be challenged for failure to comply with an agreement for visitation or communication with an adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-707. Finality of decree

§ 3-707. Finality of decree
Consistent with the best interests of an adoptee, a decree of adoption is a final order for purposes of appeal when it is entered. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 3 - General Procedure for Adoption › § 3-801. Report of adoption to State Registrar of Vital Records

§ 3-801. Report of adoption to State Registrar of Vital Records
(a) Within 30 days after a decree of adoption becomes final, the clerk of the court shall prepare, send, and certify to the State Registrar of Vital Records a report of adoption on a form prescribed by the State Registrar. The report shall include:
(1) information in the court’s record of the proceeding for adoption that is necessary to locate and identify the adoptee’s birth certificate or, in the case of an adoptee born outside the United States, evidence the court finds appropriate to consider as to the adoptee’s date and country, state, and municipality of birth, as may be available;
(2) information necessary to issue a new birth certificate for the adoptee and a request that a new certificate be issued, unless the court, the adoptive parent, or an adoptee who is 14 years of age or older requests that a new certificate not be issued; and
(3) the file number of the decree of adoption and the date on which the decree became final.
(b) Within 30 days after a decree of adoption is amended or set aside, the clerk of the court shall prepare and send to the State Registrar a report of that action on a form prescribed by the State Registrar. The report shall include information necessary to identify the original report of adoption and shall also include information necessary to amend or withdraw any new birth certificate that was issued pursuant to the original report of adoption. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2017, No. 46, § 28, eff. July 1, 2019.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 4 - Adoption of Minor Stepchild by Stepparent › § 4-101. Standing to adopt minor stepchild

§ 4-101. Standing to adopt minor stepchild
(a) A stepparent has standing under this article to petition to adopt a minor stepchild who is the child of the stepparent’s spouse if:
(1) the spouse has sole legal and physical custody of the child and the child has been in the physical custody of the spouse and the stepparent during the six months prior to the filing of a petition for adoption;
(2) the spouse has joint legal custody of the child with the child’s other parent and the child has resided primarily with the spouse and the stepparent during the 12 months next preceding the filing of the petition;
(3) the spouse is deceased or mentally incompetent, but before dying or being judicially declared mentally incompetent, had legal and physical custody of the child, and the child has resided primarily with the stepparent during the 12 months prior to the filing of the petition; or
(4) an agency placed the child with the stepparent pursuant to section 2-103 of this title.
(b) For good cause shown, a court may allow a person who does not meet the requirements of subdivisions (a)(1) through (4) of this section, but has the consent of the custodial parent of a minor to file a petition for adoption under this article. A petition allowed under this subsection shall be treated as if the petitioner were a stepparent.
(c) A petition for adoption by a stepparent may be joined with a petition under Article 3, Part 5 of this title to terminate the relationship of parent and child between a minor adoptee and the adoptee’s parent who is not the stepparent’s spouse. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 4 - Adoption of Minor Stepchild by Stepparent › § 4-102. Legal consequences of adoption of stepchild

§ 4-102. Legal consequences of adoption of stepchild
(a) Except as otherwise provided in subsections (b) and (c) of this section, the legal consequences of an adoption of a stepchild by a stepparent are the same as under sections 1-103 through 1-106 of this title.
(b) An adoption by a stepparent does not affect:
(1) the legal relationship between the adoptee and the adoptee’s parent who is the adoptive stepparent’s spouse or deceased spouse;
(2) the right of the adoptee or a descendant of the adoptee to inheritance or intestate succession through or from the adoptee’s former parent; or
(3) an existing court order for visitation or communication with a minor adoptee by a person related to the adoptee through the parent who is the adoptive stepparent’s spouse or deceased spouse; or
(4) a court order or agreement for visitation or communication with a minor adoptee approved by the court pursuant to section 4-112 of this title.
(c) Failure to comply with an agreement or order for visitation or communication is not a ground for challenging the validity of an adoption by a stepparent. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 1997, No. 53, § 5, eff. June 26, 1997.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 4 - Adoption of Minor Stepchild by Stepparent › § 4-103. Consent to adoption

§ 4-103. Consent to adoption
Unless consent is not required under section 2-402 of this title, a petition to adopt a minor stepchild may be granted only if consent to the adoption has been executed by a stepchild who has attained 14 years of age and:
(1) the minor’s parents as described in subsection 2-401(a) of this title;
(2) the minor’s guardian if expressly authorized by a court to consent to the minor’s adoption; or
(3) an agency that placed the minor for adoption by the stepparent. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 4 - Adoption of Minor Stepchild by Stepparent › § 4-104. Content of consent by stepparent’s spouse

§ 4-104. Content of consent by stepparent’s spouse
(a) A consent executed by a parent who is the stepparent’s spouse shall be signed or confirmed in the presence of a person specified in section 2-405 of this title, or a person authorized to take acknowledgments.
(b) A consent under subsection (a) of this section shall be in writing, shall contain the required statements described in subdivisions 2-406(a)(1) through (3) of this title and shall state that:
(1) the parent executing the consent has legal and physical custody of the parent’s minor child and voluntarily and unequivocally consents to the adoption of the minor by the stepparent;
(2) the adoption will not terminate the parental relationship between the parent executing the consent and the minor child;
(3) the right of the adoptee or a descendant of the adoptee to inheritance or intestate succession through or from the adoptee’s former parent; and
(4) the parent executing the consent understands and agrees that the adoption will terminate the relationship of parent and child between the minor’s other parent and the minor and will terminate any existing court order for custody, visitation, or communication with the minor, but:
(A) the minor and any descendant of the minor will retain rights of inheritance from or through the minor’s other parent;
(B) a court order for visitation or communication with the minor by the parent executing the consent, or by a person related to the minor through that parent, or an agreement or order concerning another person which is approved by the court pursuant to section 4-112 of this title survives the decree of adoption, but failure to comply with the terms of the order or agreement is not a ground for revoking or setting aside the consent or the adoption; and
(C) the other parent remains liable for arrearages of child support, unless released from that obligation by the parent executing the consent, any guardian ad litem of the minor, and by a governmental entity providing public assistance to the minor.
(c) A consent may not waive further notice of the proceeding for adoption of the minor by the stepparent. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 4 - Adoption of Minor Stepchild by Stepparent › § 4-105. Content of consent by minor’s other parent

§ 4-105. Content of consent by minor’s other parent
(a) A consent executed by a minor’s parent who is not the stepparent’s spouse shall be signed or confirmed in the presence of a person specified in section 2-405 of this title or a person authorized to take acknowledgments.
(b) A consent under subsection (a) of this section shall be in writing, shall contain the required statements described in subdivisions 2-406(a)(1) through (3) and (d)(3) through (6) of this title, and shall state that:
(1) the parent executing the consent voluntarily and unequivocally consents to the adoption of the minor by the stepparent and the transfer to the stepparent’s spouse and the adoptive stepparent of any right the parent executing the consent has to legal or physical custody of the minor;
(2) the parent executing the consent understands and agrees that the adoption will terminate his or her parental relationship to the minor and will terminate any existing court order for custody, visitation, or communication with the minor, but:
(A) the minor and any descendant of the minor will retain the rights of inheritance from or through the parent executing the consent;
(B) a court order for visitation or communication with the minor by the parent executing the consent or a person related to the minor through the minor’s other parent, or an agreement or order concerning another person which is approved by the court pursuant to section 4-112 of this title survives the decree of adoption, but failure to comply with the terms of the order or agreement is not a ground for revoking or setting aside the consent or the adoption; and
(C) the parent executing the consent remains liable for arrearages of child support, unless released from that obligation by the other parent and any guardian ad litem of the minor and by a governmental entity providing public assistance to the minor; and
(3) the parent executing the consent has provided the adoptive stepparent with applicable information required by section 2-105 of this title.
(c) A consent under subsection (a) of this section may waive notice of the proceeding for adoption of the minor by the stepparent, unless the adoption is contested, appealed, or denied. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 4 - Adoption of Minor Stepchild by Stepparent › § 4-106. Content of consent by other persons

§ 4-106. Content of consent by other persons
(a) A consent executed by the guardian of a minor stepchild or by an agency shall be in writing and signed or confirmed in the presence of the court, or in a manner the court directs, and:
(1) shall state the circumstances under which the guardian or agency obtained the authority to consent to the adoption of the minor by a stepparent;
(2) shall contain the statements required by sections 4-104 and 4-105 of this title, except for any that can be made only by a parent of the minor; and
(3) may waive notice of the proceeding for adoption, unless the adoption is contested, appealed, or denied.
(b) A consent executed by a minor stepchild in a proceeding for adoption by a stepparent shall be signed or confirmed in the presence of the court or in a manner the court directs. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 4 - Adoption of Minor Stepchild by Stepparent › § 4-107. Petition to adopt

§ 4-107. Petition to adopt
A petition by a stepparent to adopt a minor stepchild shall be signed and verified by the petitioner and contain the following information or state why any of the information is not contained in the petition:
(1) the information required by subdivisions 3-304(a)(1), (3), (5), and (8) through (12) and subsection 3-304(b) of this title;
(2) the current marital status of the petitioner, including the date and place of marriage, the name and date and place of birth of the petitioner’s spouse and, if the spouse is deceased, the date, place, and cause of death and, if the spouse is found to be incompetent, the date on which a court declared the spouse incompetent;
(3) the length of time the minor has been residing with the petitioner and the petitioner’s spouse and, if the minor is not in the physical custody of the petitioner and the petitioner’s spouse, the reason why they do not have custody and when they intend to obtain custody; and
(4) the length of time the petitioner’s spouse or the petitioner has had legal custody of the minor and the circumstances under which legal custody was obtained. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2013, No. 96 (Adj. Sess.), § 75.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 4 - Adoption of Minor Stepchild by Stepparent › § 4-108. Required documents

§ 4-108. Required documents
(a) After a petition to adopt a minor stepchild is filed, the following shall be filed in the proceeding:
(1) any item required by subsection 3-305(a) of this title which the court determines is relevant to an adoption by a stepparent; and
(2) a copy of any agreement to waive arrearages of child support.
(b) If any of the items required by subsection (a) of this section is not available, the person responsible for furnishing the item shall file an affidavit explaining its absence. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 4 - Adoption of Minor Stepchild by Stepparent › § 4-109. Notice of pendency of proceeding

§ 4-109. Notice of pendency of proceeding
Within 30 days after a petition to adopt a minor stepchild is filed, the court shall serve notice of the proceeding upon:
(1) the petitioner’s spouse;
(2) any other person whose consent to the adoption is required under this article;
(3) any person described in subdivisions 3-401(a)(3), (4), and (6) and subsection 3-401(b) of this title; and
(4) the parents of the minor’s parent whose parental relationship will be terminated by the adoption unless the identity or the whereabouts of those parents are unknown. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 4 - Adoption of Minor Stepchild by Stepparent › § 4-110. Evaluation of stepparent

§ 4-110. Evaluation of stepparent
(a) After a petition for adoption of a minor stepchild is filed, the court may order that an evaluation be made by a person qualified under section 2-202 of this title to assist the court in determining whether the proposed adoption is in the best interests of the minor.
(b) The court shall provide an evaluator with copies of the petition for adoption and of the items filed with the petition.
(c) Unless otherwise directed by the court, an evaluator shall base the evaluation on a personal interview with the petitioner and the petitioner’s spouse in the petitioner’s residence, observation of the relationship between the minor and the petitioner, a personal interview with others who know the petitioner and may have information relevant to the examination, and any information received pursuant to subsection (d) of this section.
(d) An evaluation under this section shall be in writing and contain the following:
(1) the information required by subsections 2-203(d) and (e) of this title; and
(2) the information required by subdivisions 3-602(b)(2) through (5) of this title.
(e) Subsection 3-603(b) of this title shall apply to an evaluation under this section.
(f) If the court does not order an evaluation, the preference of the minor who is less than 14 years old shall be taken into consideration, if the minor is mature enough to express a preference.
(g) Whether or not an evaluation is ordered, the court shall obtain the information required by subdivisions 2-203(d)(7)-(9).
(h) The court may charge a reasonable fee for services it performs pursuant to this section. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 4 - Adoption of Minor Stepchild by Stepparent › § 4-111. Dispositional hearing: decree of adoption

§ 4-111. Dispositional hearing: decree of adoption
Sections 3-701 through 3-707 of this title apply to a proceeding for adoption of a minor stepchild by a stepparent, but the court may waive the requirements of section 3-702 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 4 - Adoption of Minor Stepchild by Stepparent › § 4-113. Other provisions applicable to adoption of stepchild

§ 4-113. Other provisions applicable to adoption of stepchild
Except as otherwise provided by this article, Article 3 of this title applies to an adoption of a minor stepchild by a stepparent. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 5 - Adoption of Adults and Emancipated Minors › § 5-101. Who may adopt adult or emancipated minor

§ 5-101. Who may adopt adult or emancipated minor
An adult may adopt another adult or an emancipated minor pursuant to this article, but an adult may not adopt his or her spouse. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 5 - Adoption of Adults and Emancipated Minors › § 5-102. Legal consequences of adoption

§ 5-102. Legal consequences of adoption
The legal consequences of an adoption of an adult or emancipated minor are the same as under sections 1-103 through 1-106 of this title, but the legal consequences of adoption of an adult stepchild by an adult stepparent are the same as under section 4-102 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 5 - Adoption of Adults and Emancipated Minors › § 5-103. Consent by spouse

§ 5-103. Consent by spouse
(a) Consent to the adoption of an adult or emancipated minor is required only of the spouse of the prospective adoptive parent, unless they are legally separated, or the court finds that the spouse is not capable of giving consent or is withholding consent contrary to the best interests of the adoptee and the prospective adoptive parent.
(b) The consent of the spouse of the prospective adoptive parent:
(1) shall be in writing and be signed or confirmed in the presence of the court or a person authorized to take acknowledgments;
(2) shall state that the spouse:
(A) consents to the proposed adoption; and
(B) understands the consequences the adoption may have for any right of inheritance, property, or support the spouse has; and
(3) may contain a waiver of any proceedings for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 5 - Adoption of Adults and Emancipated Minors › § 5-104. Jurisdiction and venue

§ 5-104. Jurisdiction and venue
(a) The Probate Division of the Superior Court has jurisdiction over a proceeding for the adoption of an adult or emancipated minor under this article if a petitioner lived in this State for at least 90 days immediately preceding the filing of a petition for adoption.
(b) A petition for adoption may be filed in the Probate Division of the Superior Court in the district in which a petitioner lives. (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 5 - Adoption of Adults and Emancipated Minors › § 5-105. Petition for adoption

§ 5-105. Petition for adoption
(a) A prospective adoptive parent and an adoptee under this article shall jointly file a petition for adoption.
(b) The petition shall be signed and verified by each petitioner and state:
(1) the full name, date of birth, and place and duration of residence of each petitioner;
(2) the current marital status of each petitioner, including the date and place of marriage, if married;
(3) the full name by which the adoptee is to be known if the petition is granted;
(4) the duration and nature of the relationship between the prospective adoptive parent and the adoptee;
(5) that the prospective adoptive parent and the adoptee desire to assume the legal relationship of parent and child and to have all of the rights and be subject to all of the duties of that relationship;
(6) that the adoptee understands that a consequence of the adoption will be to terminate the adoptee’s relationship as the child of an existing parent, but if the adoptive parent is the adoptee’s stepparent, the adoption will not affect the adoptee’s relationship with a parent who is the stepparent’s spouse, but will terminate the adoptee’s relationship to the adoptee’s other parent, except for the right to inherit from or through that parent;
(7) that the adoptee and the prospective adoptive parent understand the consequences the adoption may have for any right of inheritance, property, or support each person has;
(8) the name and last known address of any other person whose consent is required;
(9) the name, age, and last known address of any child of the prospective adoptive parent, including a child previously adopted by the prospective adoptive parent or his or her spouse, and the date and place of the adoption; and
(10) the name, age, and last known address of any living parent or child of the adoptee.
(c) The petitioners shall attach to the petition:
(1) a certified copy of the birth certificate or other evidence of the date and place of birth of the adoptee and the prospective adoptive parent, if available; and
(2) any required consent that has been executed. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 5 - Adoption of Adults and Emancipated Minors › § 5-106. Notice and time of hearing

§ 5-106. Notice and time of hearing
(a) Within 30 days after a petition for adoption is filed, the court shall serve notice of hearing the petition upon any person whose consent to the adoption is required under section 5-103 of this title, and who has not waived notice, by sending a copy of the petition and notice of hearing to the person at the address stated in the petition, or according to the manner of service provided in section 3-403 of this title.
(b) The court shall set a date and time for hearing the petition, which shall be at least 30 days after the notice is served. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 5 - Adoption of Adults and Emancipated Minors › § 5-107. Dispositional hearing

§ 5-107. Dispositional hearing
(a) Both petitioners shall appear in person at the hearing unless an appearance is excused for good cause shown. In the latter event an appearance may be made for either or both of them by an attorney authorized in writing to make the appearance, or a hearing may be conducted by telephone or other electronic medium.
(b) The court shall examine the petitioners, or the attorney for a petitioner not present in person, and shall grant the petition for adoption if it determines that:
(1) at least 30 days have elapsed since the service of notice of hearing the petition for adoption;
(2) notice has been served, or dispensed with, as to any person whose consent is required under section 5-103 of this title;
(3) every necessary consent, waiver, document, or judicial order has been obtained and filed with the court;
(4) the adoption is for the purpose of creating the relationship of parent and child between the petitioners and the petitioners understand the consequences of the relationship; and
(5) there has been substantial compliance with this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 5 - Adoption of Adults and Emancipated Minors › § 5-108. Decree of adoption

§ 5-108. Decree of adoption
(a) A decree of adoption issued under this article shall substantially conform to the relevant requirements of section 3-705 of this title and appeals from a decree, or challenges to it, are governed by section 3-707 of this title.
(b) The court shall send a copy of the decree to each person named in the petition at the address stated in the petition.
(c) Within 30 days after a decree of adoption becomes final, the clerk of the court shall prepare a report of the adoption for the State Registrar of Vital Records, and, if the petitioners have requested it, the report shall instruct the State Registrar to issue a new birth certificate to the adoptee, as provided in Article 3, Part 8 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2017, No. 46, § 58, eff. July 1, 2019.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 5 - Adoption of Adults and Emancipated Minors › § 5-109. Adoption of an adult who is incompetent

§ 5-109. Adoption of an adult who is incompetent
If the adult who is being adopted has been found by a court to be incompetent:
(1) the legal guardian shall join in the petition for adoption;
(2) the court may, upon recommendation of the legal guardian:
(A) waive the requirement that the adoptee join in the petition;
(B) waive the requirements of subdivisions 5-105(b)(6) and (7) of this title with respect to the adoptee; and
(C) order an evaluation as provided in subdivisions 4-110(a)-(f) of this title; and
(3) the court shall:
(A) determine whether the adoptee has expressed an opinion about the granting of the petition;
(B) ensure that the adoptee has not been coerced or subjected to duress, exploitation, or undue influence; and
(C) not grant the petition unless the adoption is in the best interests of the adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 76.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 6 - Records of Adoption Proceeding; Retention, Confidentiality, and Access › § 6-102. Records confidential

§ 6-102. Records confidential
(a) All records on file with the court or in the possession of an agency, the Department of Health, the registry, or other provider of professional services in connection with an adoption are confidential and may not be inspected except as provided in this title.
(b) During a proceeding for adoption, records are not open to inspection except as directed by the court.
(c) Within 30 days after a decree of adoption becomes final, the clerk of the Superior Court shall send to the registry a copy of any document signed pursuant to section 2-105 of this title.
(d) All records on file with the court or agency shall be retained permanently and kept confidential for 99 years after the date of the adoptee’s birth. Confidential records and indices are not open to inspection or copying by any person except as provided in this title.
(e) The records of an agency that ceases operation in this State shall be transferred to the Department for retention under the provisions of this title. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 131; 2017, No. 28, § 4, eff. May 10, 2017.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 6 - Records of Adoption Proceeding; Retention, Confidentiality, and Access › § 6-103. Adoption registry

§ 6-103. Adoption registry
(a) The registry shall maintain:
(1) an index containing all of the following information, as applicable:
(A) the adoptee’s name at birth and after adoption and date of birth;
(B) the names and addresses of the adoptee’s former parents and adoptive parents;
(C) the date and court in which a consent or relinquishment was filed;
(D) the date and court in which the petition was filed;
(E) any agency involved in the adoption;
(F) the date and nature of the disposition of the petition;
(2) a copy of any consent for the disclosure of identifying information filed with the court;
(3) a copy of the information filed with the court which is described in section 2-105 of this title.
(b) The Probate Division of the Superior Court shall provide the Department with the information necessary to maintain this index. (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 6 - Records of Adoption Proceeding; Retention, Confidentiality, and Access › § 6-105. Disclosure of identifying information

§ 6-105. Disclosure of identifying information
(a) Unless a former parent has filed a request for nondisclosure, identifying information about an adoptee’s former parent shall be disclosed by the registry to any of the following persons upon request:
(1) an adoptee who is 18 years of age or older;
(2) an adoptee who is emancipated; and
(3) a deceased adoptee’s direct descendant who is 18 years of age or older or the parent or guardian of a direct descendant who is less than 18 years of age.
(b) [Repealed]
(c) An adult descendant of a deceased former parent or the guardian of a former parent who has been declared incompetent may consent to the disclosure of information as provided for in subsection (a) of this section.
(d) If an adoptee who is 18 years of age or older consents, identifying information about the adoptee shall be disclosed by the registry to any of the following persons upon request:
(1) the adoptee’s former parent; and
(2) the adoptee’s sibling who is 18 years of age or older.
(e) Identifying information about the adoptee shall be disclosed to the adoptee’s former parent if the parent of an adoptee who is less than 18 years of age consents to the disclosure.
(f) Identifying information about a deceased adoptee shall be disclosed by the registry to the adoptee’s former parent or sibling upon request if:
(1) the deceased adoptee’s direct descendant is 18 years of age or older and consents to the disclosure; or
(2) the parent or guardian of a direct descendant who is less than 18 years of age consents to the disclosure.
(g) Identifying information about a sibling of an adoptee shall be disclosed by the registry to the adoptee upon request if both the sibling and the adoptee are 18 years of age or older and the sibling consents to disclosure. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2021, No. 100 (Adj. Sess.), § 3, eff. July 1, 2023.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 6 - Records of Adoption Proceeding; Retention, Confidentiality, and Access › § 6-106. Request for nondisclosure

§ 6-106. Request for nondisclosure
If a former parent of an adoptee filed a request for nondisclosure of identifying information prior to July 1, 2023, the request shall be honored and a request for disclosure of identifying information made pursuant to section 6-105 of this title shall be denied. This section shall not be interpreted to interfere with a person’s right to obtain a copy of an original birth certificate pursuant to section 6-107 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2021, No. 100 (Adj. Sess.), § 4, eff. July 1, 2023.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 6 - Records of Adoption Proceeding; Retention, Confidentiality, and Access › § 6-107. Release of original birth certificate

§ 6-107. Release of original birth certificate
(a) A certified copy of an adoptee’s original birth certificate and any evidence of the adoption previously filed with the State Registrar shall be released to persons identified in subsection 6-105(a) of this title upon request. The copy of the original birth certificate shall clearly indicate that it may not be used for identification purposes. The State Registrar shall develop a notice to accompany an original birth certificate requested pursuant to this section that advises the requestor of the potential availability of former parent contact preference information that may be obtained through the Registry.
(b) When 99 years have elapsed after the date of birth of an adoptee whose original birth certificate is sealed under this title, the Department of Health shall unseal the original certificate and file it with any new or amended certificate that has been issued. The unsealed certificate becomes a public record in accordance with any statute or regulation applicable to the retention and disclosure of birth certificates.
(c)(1) A person who is listed as a parent on an adoptee’s original birth certificate may file a contact preference form with the Registry. The contact preference form shall be developed by the Registry and shall indicate whether the parent would:
(A) like to be contacted by the adoptee;
(B) prefer to be contacted by the adoptee only through an intermediary; or
(C) prefer not to be contacted by the adoptee at this time.
(2) A contact preference form shall include space where the parent may include information that the parent feels is important for the adoptee to know.
(3) A contact preference form may be withdrawn or revised at any time.
(d) Upon filing with the Registry, the contact preference form shall be confidential and exempt from public inspection and copying under the Public Records Act pursuant to section 6-102 of this title.
(e) Upon request, persons identified in subsection 6-105(a) of this title may receive from the Registry the indicated contact preference choice from the filed contact preference form or nondisclosure form provided by the adoptee’s former parent. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2021, No. 100 (Adj. Sess.), § 5, eff. July 1, 2023.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 6 - Records of Adoption Proceeding; Retention, Confidentiality, and Access › § 6-108. Certificate of adoption

§ 6-108. Certificate of adoption
Upon the request of an adoptive parent or an adoptee who has attained the age of 18, the register or clerk of the court that entered an adoption decree shall issue a certificate of adoption which states the date and place of adoption, the date of birth of the adoptee, the name of each adoptive parent, and the name of the adoptee as provided in the decree. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 6 - Records of Adoption Proceeding; Retention, Confidentiality, and Access › § 6-109. Disclosure authorized in course of employment

§ 6-109. Disclosure authorized in course of employment
This article does not preclude an employee of the agency or the registry from:
(1) inspecting permanent, confidential, or sealed records for the purpose of discharging any obligation under this title;
(2) disclosing the name of the court where a proceeding for adoption occurred or the name of the agency that placed an adoptee to an individual described in sections 6-104 and 6-105 of this title who can verify his or her identity; or
(3) disclosing nonidentifying information contained in confidential or sealed records in accordance with any other applicable State or federal law. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 6 - Records of Adoption Proceeding; Retention, Confidentiality, and Access › § 6-110. Fee for services

§ 6-110. Fee for services
A court, an agency, or the registry may charge a reasonable fee for services, including copying services, it performs pursuant to this article. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 6 - Records of Adoption Proceeding; Retention, Confidentiality, and Access › § 6-111. Public notice of statutory change

§ 6-111. Public notice of statutory change
The Department, with the cooperation of other departments of State government, shall make reasonable efforts to notify members of the public who may be affected by changes in statute governing the release of identifying and nonidentifying information and access to original birth certificates, including:
(1) informing the general public by submitting press releases to the news media in Vermont and other states;
(2) informing adoptee, birth parent, and genealogy groups in Vermont and other states;
(3) including information in motor vehicle registration and license renewals;
(4) including information in appropriate locations on the Internet; and
(5) contacting the adoption coordinators in each state and determining what agencies or groups in that state should be notified. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2021, No. 100 (Adj. Sess.), § 6, eff. July 1, 2023.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 6 - Records of Adoption Proceeding; Retention, Confidentiality, and Access › § 6-112. Action for disclosure of information

§ 6-112. Action for disclosure of information
(a) A person denied disclosure of information under section 6-104 of this title may file a petition in the court to obtain the information being sought.
(b) In determining whether to grant a petition under this section, the court shall review the records of the relevant proceeding for adoption and shall make specific findings concerning:
(1) the reasons the information is sought;
(2) [Repealed.]
(3) if known, whether the individual about whom information is sought is alive;
(4) whether it is possible to satisfy the petitioner’s request without disclosing the identity of another individual; and
(5) the expressed needs of the adoptee, including the emotional and mental health needs of the adoptee.
(c) Before making a determination under this section, the court shall make a reasonable effort to confidentially contact the person whose identity is being sought in order to determine that person’s response to the petition and shall consider any response in reaching its decision.
(d), (e) [Repealed.] (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2021, No. 100 (Adj. Sess.), § 7, eff. July 1, 2023.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 7 - Prohibited and Permissible Activities in Connection With Adoption › § 7-101. Enforcement

§ 7-101. Enforcement
(a) The Attorney General shall enforce the provisions of this title and may review and investigate compliance therewith.
(b) Whenever the Attorney General has reason to believe that a person has violated or is violating a provision of this title, and that proceedings would be in the public interest, the Attorney General may bring an action in the name of the State against such person to ensure compliance. The action may be brought in the superior court of the county in which such person resides or in which the violation occurred or is occurring. The court may grant temporary, preliminary, and permanent injunctive relief to restrain and prevent violations of this title.
(c) In addition to the foregoing, the Attorney General may request and the court is authorized to render any other appropriate relief as may be in the public interest, and may:
(1) impose a civil penalty of not more than $5,000.00 for each violation. In the case of a continuing violation, a civil penalty of not more than $1,000.00 may be imposed for each day the violation continues; and
(2) order reimbursement to the State of Vermont for the reasonable value of its services and its expenses in investigating and prosecuting the action. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 7 - Prohibited and Permissible Activities in Connection With Adoption › § 7-102. Unauthorized disclosure of information

§ 7-102. Unauthorized disclosure of information
(a) A person who knowingly discloses confidential adoption information or identifying information in violation of this title shall be fined not more than $1,000.00.
(b) In addition to the penalties provided in subsection (a) of this section, a person who is the subject of information contained in a record made confidential by this title may file an action for damages or equitable relief against any person who obtains unauthorized information or who discloses unauthorized information, or is likely to do so. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 7 - Prohibited and Permissible Activities in Connection With Adoption › § 7-103. Lawful payments related to adoption

§ 7-103. Lawful payments related to adoption
(a) Subject to the requirements of sections 3-702 and 3-703 of this title for an accounting and judicial approval of fees and charges related to an adoption, an adoptive parent, or a person acting on behalf of an adoptive parent, may pay the reasonable and actual fee or charge for:
(1) the services of an agency in connection with an adoption;
(2) medical, hospital, nursing, pharmaceutical, or other similar expenses incurred by a mother or her minor child in connection with prenatal care or the birth or any illness of the minor;
(3) counseling services for a parent or a minor for a reasonable time before and after the minor’s placement for adoption;
(4) living expenses of a mother for a reasonable time before the birth of her child and for no more than six weeks after the birth;
(5) expenses incurred in ascertaining the information required by section 2-105 of this title;
(6) expenses incurred for legal services, court costs, and other administrative expenses connected with an adoption, including any legal services performed for a parent who consents to the adoption of a minor or relinquishes the minor to an agency;
(7) transportation for services provided under subdivision (2), (3), or (6) of this subsection;
(8) expenses incurred in obtaining a preplacement evaluation and an evaluation during the proceeding for adoption; and
(9) any other service or expense the court finds is reasonable and necessary.
(b) A parent or a guardian, a person acting on the parent’s or guardian’s behalf, or a provider of a service listed in subsection (a) of this section may receive or accept a payment authorized by subsection (a). The payment may not be made contingent on the placement of a minor for adoption, relinquishment of the minor, or consent to the adoption. If the adoption is not completed, a person who is authorized to make a specific payment by subsection (a) is not liable for that payment unless the person has agreed in a signed writing with a provider of a service to make the payment regardless of the outcome of the proceeding for adoption. If the adoption is not completed, an adoptive parent is liable only for agreed upon expenses which are permitted under this section and were incurred prior to the termination of the adoption process.
(c) Except for the expenses authorized by subdivisions (a)(4) and (a)(7) of this section, no payments as authorized in subsection (a) shall be paid directly to a parent without prior court approval, but instead will be paid to service providers or to an agency. (Added 1995, No. 161 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15A - Adoption Act › Chapter 7 - Prohibited and Permissible Activities in Connection With Adoption › § 7-104. Charges by agency

§ 7-104. Charges by agency
Subject to the requirements of sections 3-702 and 3-703 of this title for an accounting and judicial approval of fees and charges related to an adoption, an agency may charge or accept a fee or other reasonable compensation from a prospective adoptive parent for expenses not paid by public assistance for:
(1) medical, hospital, nursing, pharmaceutical, or other similar expenses incurred by a mother or her minor child in connection with prenatal care, the birth, or any illness of the minor;
(2) a percentage of the annual cost the agency incurs in locating and providing counseling services for minor adoptees, parents, and prospective parents;
(3) living expenses of a mother for a reasonable time before the birth of a child and for no more than six weeks after the birth;
(4) expenses incurred in ascertaining the information required by section 2-105 of this title;
(5) legal services and court costs, or other administrative expenses connected with an adoption, including the legal services performed for a parent who relinquishes a minor child to the agency;
(6) preparation of a preplacement evaluation and an evaluation during the proceeding for adoption;
(7) transportation for services provided under this section; and
(8) any other service or expense the court finds is reasonable and necessary. (Added 1995, No. 161 (Adj. Sess.), § 1.)