The Vermont Statutes Online

Title 15A: Adoption Act

Chapter 003: General Procedure for Adoption

• Subchapter 001: Jurisdiction and Venue

• § 3-101. Jurisdiction

  (a) Except as otherwise provided in subsections (b) and (c) of this section, the Probate Division of the Superior Courts of this State have jurisdiction over a proceeding for the adoption of a minor commenced under this title if:

  (1) immediately before commencement of the proceeding, the minor lived in this State with a parent, a guardian, a prospective adoptive parent, or another person acting as parent for at least six consecutive months, including periods of temporary absence or, in the case of a minor under six months of age, lived in this State from soon after birth with any of those persons;

  (2) immediately before commencement of the proceeding, the prospective adoptive parent lived in this State for at least six consecutive months, including periods of temporary absence;

  (3) an agency placed the minor for adoption and it is in the best interests of the minor that a court of this State assume jurisdiction because:

  (A) the minor and the minor’s parents, or the minor and the prospective adoptive parent, have a significant connection with this State; and

  (B) there is available in this State substantial evidence concerning the minor’s present or future care;

  (4) the minor and the prospective adoptive parent are physically present in this State and the minor has been abandoned or it is necessary in an emergency to protect the minor because the minor has been subjected to or threatened with mistreatment or abuse or is otherwise neglected; or

  (5) it appears that no other state would have jurisdiction under prerequisites substantially in accordance with subdivisions (1) through (4) of this subsection, or another state has declined to exercise jurisdiction on the ground that this State is the more appropriate forum to hear a petition for adoption of the minor, and it is in the best interests of the minor that a court of this State assume jurisdiction.

  (b) A court of this State may not exercise jurisdiction over a proceeding for adoption of a minor if at the time the petition for adoption is filed a proceeding concerning the custody or adoption of the minor is pending in a court of another state exercising jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction and Enforcement Act or this title, unless the proceeding is stayed by the court of the other state.

  (c) If a court of another state has issued a decree or order concerning the custody of a minor who may be the subject of a proceeding for adoption in this State, a court of this State may not exercise jurisdiction over a proceeding for adoption of the minor unless:

  (1) the court of this State finds that the court of the state which issued the decree or order:

  (A) does not have continuing jurisdiction to modify the decree or order under jurisdictional prerequisites substantially in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act or has declined to assume jurisdiction to modify the decree or order; or

  (B) does not have jurisdiction over a proceeding for adoption substantially in conformity with subdivisions (a)(1) through (4) of this section or has declined to assume jurisdiction over a proceeding for adoption; and

  (2) the court of this State has jurisdiction over the proceeding.

  (d) The Probate Division of the Superior Courts of this State shall have jurisdiction over a proceeding for relinquishment, consent to adoption, or termination of parental rights associated with an adoption if immediately preceding the commencement of the proceeding:

  (1) the adoptee resided in this State; or

  (2) the agency receiving a relinquishment is licensed as a child placing agency in this State; or

  (3) the prospective adoptive parents, if known, have lived or had legal residence in this State for at least six consecutive months; or

  (4) one parent of the adoptee has had legal residence in this State for at least six months; or

  (5) any requirement of the Uniform Child Custody Jurisdiction and Enforcement Act is satisfied so as to vest the courts of this State with jurisdiction over the child.

  (e) The Probate Division of the Superior Courts of this State shall have jurisdiction over civil actions concerning disclosure of identifying information pursuant to Article 6 of this title and construction and enforcement of adoption decrees and orders and, except as provided in section 7-101 of this title, all other civil actions arising under this title.

  (f) Nothing in this section shall be construed to remove jurisdiction from the Family Division of the Superior Court over relinquishments or termination of parental rights under 33 V.S.A. chapters 51-53. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 1997, No. 53, § 3, eff. June 26, 1997; 2009, No. 154, § 238; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2011, No. 29, §§ 5-7.)

• § 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.)

• § 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.)

• Subchapter 002: General Procedural Provisions

• § 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.)

• § 3-202. [Reserved.]

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• Subchapter 003: Petition for Adoption of Minor

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 3-305. Required documents

  (a) Before the hearing on a petition for adoption, the following shall be filed:

  (1) a certified copy of the birth certificate or other record of the date and place of birth of the minor adoptee;

  (2) the original or a certified copy of any consent, relinquishment, or disclaimer of paternal interest with respect to the minor that has been executed, and any written certifications required by sections 2-405(d) and (g) of this title from the person before whom a consent or relinquishment was executed;

  (3) a certified copy of any court order terminating the rights and duties of the minor’s parents or guardian;

  (4) a certified copy of each parent’s or former parent’s marriage certificate; decree of divorce, annulment, or dissolution; or agreement or decree of legal separation; and a certified copy of any court order determining the parent’s or former parent’s incompetence;

  (5) a certified copy of any existing court order or petition in any pending proceeding concerning custody of, or visitation or communication with, the minor;

  (6) a copy of the preplacement evaluation and of the evaluation during the pendency of the proceeding for adoption;

  (7) a copy of any report containing the information required by section 2-105 of this title. This requirement may be waived by the court for good cause shown. If the court waives this requirement, a summary of the information required by section 2-105 of this title shall be filed;

  (8) a certified copy of the petitioner’s marriage certificate; decree of divorce, annulment, or dissolution; or agreement or decree of legal separation; and a certified copy of any court order determining the incompetence of the petitioner’s spouse;

  (9) a copy of any agreement with a public agency to provide a subsidy for the benefit of a minor adoptee with a special need;

  (10) if an agency placed the minor adoptee, a verified document from the agency stating:

  (A) the circumstances under which the agency obtained custody of the minor for purposes of adoption;

  (B) that the agency complied with any provision of law governing an interstate or intercountry placement of the minor;

  (C) the name or relationship to the minor of any person whose consent is required, but who has not executed a consent or a relinquishment or whose parental relationship has not been terminated, and any fact or circumstance that may excuse the lack of consent or relinquishment;

  (D) whether the agency has executed its consent to the proposed adoption and whether it waives notice of the proceeding;

  (E) the terms of any collateral agreement between the agency and the petitioner;

  (11) the name and address, if known, of any person who is entitled to receive notice of the proceeding for adoption; and

  (12) a copy of any collateral agreement between the petitioner and a parent or guardian of the adoptee.

  (b) If an item 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; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

• Subchapter 004: Notice of Pendency of Proceeding

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• Subchapter 005: Petition to Terminate Relationship Between Parent and Child

• § 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.)

• § 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.)

• § 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.)

• § 3-504. Grounds for terminating relationship of parent and child

  (a) If a respondent answers or appears at the hearing and asserts parental rights, the court shall proceed with the hearing expeditiously. If the court finds, upon clear and convincing evidence, that any one of the following grounds exists and that termination is in the best interests of the minor, the court shall order the termination of any parental relationship of the respondent to the minor:

  (1) In the case of a minor under six months of age at the time the petition is filed, the respondent did not exercise parental responsibility once he or she knew or should have known of the minor’s birth or expected birth. In making a determination under this subdivision, the court shall consider all relevant factors, which may include the respondent’s failure to:

  (A) pay reasonable prenatal, natal, and postnatal expenses in accordance with his or her financial means;

  (B) make reasonable and consistent payments, in accordance with his or her financial means, for the support of the minor;

  (C) regularly communicate or visit with the minor; or

  (D) manifest an ability and willingness to assume legal and physical custody of the minor.

  (2) In the case of a minor over six months of age at the time the petition is filed, the respondent did not exercise parental responsibility for a period of at least six months immediately preceding the filing of the petition. In making a determination under this subdivision, the court shall consider all relevant factors, which may include the respondent’s failure to:

  (A) make reasonable and consistent payments, in accordance with his or her financial means, for the support of the minor, although legally obligated to do so;

  (B) regularly communicate or visit with the minor; or

  (C) during any time the minor was not in the physical custody of the other parent, manifest an ability and willingness to assume legal and physical custody of the minor.

  (3) The respondent has been convicted of a crime of violence or has been found by a court of competent jurisdiction to have committed an act of violence that violated a restraining or protective order, and the facts of the crime or violation indicate that the respondent is unfit to maintain a relationship of parent and child with the minor.

  (4) The respondent has committed a sexual assault resulting in the conception of the child.

  (b) If the respondent has proved by a preponderance of the evidence that he or she had good cause for not complying with subdivision (a)(1) or (2) of this section or that, for compelling reasons, termination is not justified under subdivision (a)(3) or (4) of this section, the court may not terminate the respondent’s parental rights to a minor except upon a finding by clear and convincing evidence that any one of the following grounds exists and that termination is in the best interests of the minor:

  (1) Once the respondent no longer had good cause for not complying with the requirements of subdivision (a)(1) or (2) of this section, he or she failed to assume parental responsibilities as promptly and fully as circumstances permitted.

  (2) The respondent, after being afforded a reasonable opportunity to do so, would not have the ability and disposition to:

  (A) provide the child with love, affection, and guidance;

  (B) meet the child’s present and future physical and emotional needs; or

  (C) provide the child with adequate food, clothing, medical care, other material needs, education, and a safe environment.

  (3) At the time of the hearing, the respondent has a relationship with another person who would significantly and adversely affect the child.

  (4) Placing the minor in the respondent’s legal or physical custody would pose a risk of substantial harm to the physical or psychological well-being of the minor because the circumstances of the minor’s conception, or the respondent’s behavior during the pregnancy, or since the minor’s birth indicates that he or she is unfit to maintain a relationship of parent and child with the minor.

  (c) At the time of the hearing under this section, the court shall consider the best interests of the child in accordance with the following criteria:

  (1) the likelihood that the respondent will be able to assume or resume his or her parental duties within a reasonable period of time;

  (2) the child’s adjustment to his or her home, school, and community;

  (3) the interaction and interrelationship of the child with his or her parents, siblings, and any other person who may significantly affect the best interests of the child; and

  (4) whether the parent or alleged parent has played and continues to play a constructive role, including personal contact and demonstrated love and affection, in the child’s welfare.

  (d) If the respondent does not answer or appear or, in the case of an alleged father, file a claim of paternity as provided in subdivision 3-503(b)(2) of this title, or cannot be notified because the person’s identity or whereabouts is unknown, the court may order the termination of any parental relationship to the minor. (Added 1995, No. 161 (Adj. Sess.), § 1; 2017, No. 140 (Adj. Sess.), § 3, eff. May 21, 2018.)

• § 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.)

• § 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.)

• Subchapter 006: Evaluation of Adoptee and Prospective Adoptive Parent

• § 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.)

• § 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.)

• § 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.)

• Subchapter 007: Dispositional Hearing; Decree of Adoption

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• Subchapter 008: Birth Certificate

• § 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.)

• § 3-802. Issuance of new, amended birth certificate

  (a) Except as otherwise provided in subsection (d) of this section, upon receipt of a report of adoption prepared pursuant to subsection 3-801(a) of this title, a report of adoption prepared in accordance with the law of another state or country, a certified copy of a decree of adoption together with information necessary to identify the adoptee’s original birth certificate and to issue a new certificate, or a report of an amended adoption prepared pursuant to subsection 3-801(b) of this title, the State Registrar shall either:

  (1) for an adoptee born in this State, update the Statewide Registration System in accordance with the decree and furnish a certified copy of a new birth certificate to the adoptive parent and to an adoptee who is 14 years of age or older;

  (2) for an adoptee born in another state, forward a certified copy of the report of adoption to the appropriate office of the state of birth;

  (3) for an adoptee adopted in this State who was born outside the United States and was not a citizen of the United States at the time of birth, create and register in the Statewide Registration System a “certificate of live birth for a foreign born child” upon request and in the form specified in 18 V.S.A. § 5078a and furnish a certified copy of the certificate to the adoptive parent and to an adoptee who is 14 years of age or older;

  (4) for an adoptee born outside the United States who was a citizen of the United States at the time of birth, notify the adoptive parent of the procedure for obtaining a revised birth certificate through the U.S. Department of State; or

  (5) in the case of an amended decree of adoption, either update the Statewide Registration System in accordance with the decree and follow the procedure in subdivision (a)(1) or (3) of this section or follow the procedure in subdivision (2) or (4) of this section.

  (b) Unless otherwise specified by the court, a new birth certificate or certificate of live birth for a foreign born child issued pursuant to subdivision (a)(1) or (3) or an amended certificate issued pursuant to subdivision (a)(5) of this section shall:

  (1) be signed by the State Registrar;

  (2) include the date, time, and place of birth of the adoptee;

  (3) substitute the name of the adoptive parent for the name of the person listed as the adoptee’s parent on the original birth certificate;

  (4) [Repealed.]

  (5) contain any other information prescribed by the State Registrar.

  (c) In the case of birth certificates registered prior to July 1, 2019 that are to be replaced or amended pursuant to subdivision (a)(1) or (5) of this section, the State Registrar shall notify the town clerk or clerks with custody of the certificate, who shall substitute the new or amended birth certificate for the original birth certificate. Except as otherwise provided in this title, the original certificate and all copies of the certificate in the files shall be sealed and shall not be subject to inspection or copying until 99 years after the adoptee’s date of birth.

  (d) If the court, the adoptive parent, or an adoptee who is 14 years of age or older requests that a new or amended birth certificate not be issued, the State Registrar shall not issue a new or amended certificate for an adoptee pursuant to subsection (a) of this section. Nonetheless, for an adoptee born in another state, the State Registrar shall forward a certified copy of the report of adoption or of an amended decree of adoption to the appropriate office in the adoptee’s state of birth.

  (e) Upon receipt of a report that an adoption has been set aside, the State Registrar shall:

  (1) for a person born in this State for whom a new birth certificate was issued, update the Statewide Registration System to reflect the original birth certificate data and, in the case of an original birth certificate registered prior to July 1, 2019, notify the town clerk or clerks with custody of the certificate, who shall seal any new or amended birth certificate issued pursuant to subsection (a) of this section, restore the original, update indexes as directed by the State Registrar, and not allow inspection or copying of the sealed certificate except upon court order or as otherwise provided in this title;

  (2) for a person born in another state, forward the report to the appropriate office in the state of birth;

  (3) for an adoptee born outside the United States who was not a citizen of the United States at the time of birth for whom a certificate of live birth for a foreign born child was issued, update the Statewide Registration System to reflect that the adoption was set aside; or

  (4) for a former adoptee born outside the United States who was a citizen of the United States at the time of birth, notify the person who is granted legal custody of a former adoptee after an adoption is set aside of the procedure for obtaining an original birth certificate through the U.S. Department of State.

  (f) Upon request by a person who was listed as a parent on an adoptee’s original birth certificate and who furnishes appropriate proof of the person’s identity, the State Registrar shall give the person a noncertified copy of the original birth certificate. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2017, No. 46, § 29, eff. July 1, 2019; 2018, No. 11 (Sp. Sess.), § I.10, eff. July 1, 2019; 2021, No. 100 (Adj. Sess.), § 2, eff. July 1, 2023.)