The Vermont Statutes Online

Title 15A: Adoption Act

Chapter 007: Prohibited and Permissible Activities in Connection with Adoption

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 7-105. Prohibited payments related to adoption

  (a) Except as otherwise provided in sections 7-103 and 7-104 of this title, a person may not pay or give or offer to pay or give to any other person, or request, receive, or accept any money or anything of value, directly or indirectly, for:

  (1) the placement of a minor for adoption;

  (2) the consent of a parent, a guardian, or an agency to the adoption of a minor;

  (3) the relinquishment of a minor to an agency for the purpose of adoption; or

  (4) the recruitment of nonresident pregnant women to locate in this State for the purpose of relinquishing the child for adoption.

  (b) A release from liability from past or future child support is not a violation of this section. (Added 1995, No. 161 (Adj. Sess.), § 1.)