§ 6-101. [Reserved.]
§ 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.)
§ 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.)
§ 6-104. Release of nonidentifying information
(a) The following persons may request nonidentifying information from confidential adoption
records:
(1) the adoptive parent, the legal custodian or guardian of an adoptee, an adoptee who
has attained the age of 18, an emancipated adoptee, a deceased adoptee’s direct descendant
who has attained the age of 18, or the parent or guardian of a direct descendant who
has not attained the age of 18; and
(2) the adoptee’s former parent, grandparent, or sibling.
(b) Upon request by a person listed in subdivision (a)(1) of this section, the court that
heard the adoption petition, the agency that placed the adoptee for adoption, or other
person who assisted in the adoption shall furnish a detailed summary of any relevant
report or information contained in confidential reports in their possession about
the adoptee, the adoptee’s former parents, and the adoptee’s genetic history, including
the information required by section 2-105 of this title. This report shall exclude identifying information concerning an individual who has
not signed a waiver of confidentiality.
(c) Upon request of a person listed in subdivision (a)(2) of this section, the court,
the agency that placed the adoptee for adoption, or other person who assisted in the
adoption shall release a summary of any relevant report or information in their possession
about the adoptee’s history after the former parents’ rights were terminated. The
summary shall exclude identifying information concerning an individual who has not
signed a waiver of confidentiality.
(d) The court or agency may charge a reasonable fee for the compilation of nonidentifying
information, based on the actual costs incurred.
(e) An individual who is denied access to nonidentifying information to which the individual
is entitled under this article may petition the court for relief.
(f) If a court or the registry receives a certified statement from a physician explaining
in detail how a health condition may seriously affect the health or reproductive decision
of an adoptee or a direct descendant of an adoptee, the registry shall make a diligent
effort to notify the adoptive parents of a minor adoptee, an adoptee who has attained
18 years of age, or an adoptive parent of a deceased adoptee that the nonidentifying
information is available and may be requested from the registry.
(g) If a court or the registry receives a certified statement from a physician explaining
in detail why a serious health condition of the adoptee or a direct descendant of
the adoptee should be communicated to the adoptee’s genetic parent or sibling to enable
them to make informed reproductive and other health related decisions, the registry
shall make a diligent effort to notify those individuals that the nonidentifying information
is available and may be requested from the registry.
(h) The registry shall prescribe a reasonable procedure for verifying the identity of
an individual who requests or furnishes information under this section. (Added 1995, No. 161 (Adj. Sess.), § 1.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)