The Vermont Statutes Online

Title 15C: Parentage Proceedings

Chapter 001: Short Title; Definitions; Scope; General Provisions

• § 101. Short title

  This title may be cited as the Vermont Parentage Act. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 102. Definitions

  As used in this title:

  (1) “Acknowledged parent” means a person who has established a parent-child relationship under chapter 3 of this title.

  (2) “Adjudicated parent” means a person who has been adjudicated by a court of competent jurisdiction to be a parent of a child.

  (3) “Alleged genetic parent” means a person who is alleged to be, or alleges that the person is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term does not include:

  (A) a presumed parent;

  (B) a person whose parental rights have been terminated or declared not to exist; or

  (C) a donor.

  (4) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse and includes:

  (A) intrauterine, intracervical, or vaginal insemination;

  (B) donation of gametes;

  (C) donation of embryos;

  (D) in vitro fertilization and transfer of embryos; and

  (E) intracytoplasmic sperm injection.

  (5) “Birth” includes stillbirth.

  (6) “Child” means a person of any age whose parentage may be determined under this title.

  (7) “Domestic assault” includes any offense as set forth in 13 V.S.A. chapter 19, subchapter 6 (domestic assault).

  (8) “Donor” means a person who contributes a gamete or gametes or an embryo or embryos to another person for assisted reproduction or gestation, whether or not for consideration. This term does not include:

  (A) a person who gives birth to a child conceived by assisted reproduction except as otherwise provided in chapter 8 of this title; or

  (B) a parent under chapter 7 of this title or an intended parent under chapter 8 of this title.

  (9) “Embryo” means a cell or group of cells containing a diploid complement of chromosomes or a group of such cells, not including a gamete, that has the potential to develop into a live born human being if transferred into the body of a person under conditions in which gestation may be reasonably expected to occur.

  (10) “Gamete” means a sperm or egg.

  (11) “Genetic population group” means, for purposes of genetic testing, a recognized group that a person identifies as all or part of the person’s ancestry or that is so identified by other information.

  (12) “Gestational carrier” means an adult person who is not an intended parent and who enters into a gestational carrier agreement to bear a child conceived using the gametes of other persons and not the gestational carrier’s own, except that a person who carries a child for a family member using the gestational carrier’s own gametes and who fulfills the requirements of chapter 8 of this title is a gestational carrier.

  (13) “Gestational carrier agreement” means a contract between an intended parent or parents and a gestational carrier intended to result in a live birth.

  (14) “Intended parent” means a person, whether married or unmarried, who manifests the intent to be legally bound as a parent of a child resulting from assisted reproduction or a gestational carrier agreement.

  (15) “Marriage” includes civil union and any legal relationship that provides substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid in the state or jurisdiction in which it was entered.

  (16) “Parent” means a person who has established parentage that meets the requirements of this title.

  (17) “Parentage” means the legal relationship between a child and a parent as established under this title.

  (18) “Presumed parent” means a person who is recognized as the parent of a child under section 401 of this title.

  (19) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

  (20) “Sexual assault” includes sexual assault as provided in 13 V.S.A. § 3252(a), (b), (d), and (e); aggravated sexual assault as provided in 13 V.S.A. § 3253; aggravated sexual assault of a child as provided in 13 V.S.A. § 3253a; lewd and lascivious conduct with a child as provided in 13 V.S.A. § 2602; and similar offenses in other jurisdictions.

  (21) “Sexual exploitation” includes sexual exploitation of an inmate as provided in 13 V.S.A. § 3257, sexual exploitation of a minor as provided in 13 V.S.A. § 3258, sexual abuse of a vulnerable adult as provided in 13 V.S.A. § 1379, and similar offenses in other jurisdictions.

  (22) “Sign” means, with the intent to authenticate or adopt a record, to:

  (A) execute or adopt a tangible symbol; or

  (B) attach to or logically associate with the record an electronic symbol, sound, or process.

  (23) “Signatory” means a person who signs a record and is bound by its terms.

  (24) “Spouse” includes a partner in a civil union or a partner in a legal relationship that provides substantially the same rights, benefits, and responsibilities as marriage and is recognized as valid in the state or jurisdiction in which it was entered. (Added 2017, No. 162 (Adj. Sess.), § 1; amended 2023, No. 175 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 103. Scope and application

  (a) Scope. This title applies to determination of parentage in this State.

  (b) Choice of law. The court shall apply the law of this State to adjudicate parentage.

  (c) Effect on parental rights. This title does not create, enlarge, or diminish parental rights and responsibilities under other laws of this State or the equitable powers of the courts, except as provided in this title. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 104. Parentage proceeding

  (a) Proceeding authorized. A proceeding to adjudicate the parentage of a child shall be maintained in accordance with this title and with the Vermont Rules for Family Proceedings, except that proceedings for birth orders under sections 708 and 804 of this title shall be maintained in accordance with the Vermont Rules of Probate Procedure.

  (b) Actions brought by the Office of Child Support. If the complaint is brought by the Office of Child Support, the complaint shall be accompanied by an affidavit of the parent whose rights have been assigned. In cases where the assignor is not a genetic parent or is a genetic parent who refuses to provide an affidavit, the affidavit may be submitted by the Office of Child Support, but the affidavit alone shall not support a default judgment on the issue of parentage.

  (c) Original actions. Original actions to adjudicate parentage may be commenced in the Family Division of the Superior Court, except that proceedings for birth orders under sections 708 and 804 of this title shall be commenced in the Probate Division of the Superior Court.

  (d) No right to jury. There shall be no right to a jury trial in an action to determine parentage.

  (e) Disclosure of Social Security numbers. A person who is a party to a parentage action shall disclose that person’s Social Security number, if the person has one, to the court. The Social Security number of a person subject to a parentage adjudication shall be placed in the court records relating to the adjudication. The court shall disclose a person’s Social Security number to the Office of Child Support. (Added 2017, No. 162 (Adj. Sess.), § 1; amended 2023, No. 175 (Adj. Sess.), § 2, eff. July 1, 2024.)

• § 105. Standing to maintain proceeding

  Subject to other provisions of this chapter, a proceeding to adjudicate parentage may be maintained by:

  (1) the child;

  (2) the person who gave birth to the child unless a court has adjudicated that the person is not a parent or the person is a gestational carrier who is not a parent under subdivision 803(1)(A) of this title;

  (3) a person whose parentage is to be adjudicated;

  (4) a person who is a parent under this title;

  (5) the Department for Children and Families, including the Office of Child Support; or

  (6) a representative authorized by law to act for a person who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 106. Notice of proceeding

  (a) A petitioner under this chapter shall give notice of the proceeding to adjudicate parentage to the following:

  (1) the person who gave birth to the child unless a court has adjudicated that the person is not a parent;

  (2) a person who is a parent of the child under this chapter;

  (3) a presumed, acknowledged, or adjudicated parent of the child;

  (4) a person whose parentage of the child is to be adjudicated; and

  (5) the Office of Child Support, in cases in which either party is a recipient of public assistance benefits from the Economic Services Division and has assigned the right to child support, or in cases in which either party has requested the services of the Office of Child Support.

  (b) A person entitled to notice under subsection (a) of this section and the Office of Child Support, where the Office is involved pursuant to subdivision (a)(5), has a right to intervene in the proceeding.

  (c) Lack of notice required by subsection (a) of this section shall not render a judgment void. Lack of notice does not preclude a person entitled to notice under subsection (a) from bringing a proceeding under this title.

  (d) This section shall not apply to petitions for birth orders under chapters 7 and 8 of this title. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 107. Form of notice

  Notice shall be by first-class mail to the person’s last known address. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 108. Personal jurisdiction

  (a) Personal jurisdiction. A person shall not be adjudicated a parent unless the court has personal jurisdiction over the person.

  (b) Personal jurisdiction over nonresident. A court of this State having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident person, or the guardian or conservator of the person, if the conditions prescribed in Title 15B are fulfilled.

  (c) Adjudication. Lack of jurisdiction over one person does not preclude the court from making an adjudication of parentage binding on another person over whom the court has personal jurisdiction. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 109. Venue

  Venue for a proceeding to adjudicate parentage shall be in the county in which:

  (1) the child resides or is present or, for purposes of chapter 7 or 8 of this title, is or will be born;

  (2) any parent or intended parent resides;

  (3) the respondent resides or is present if the child does not reside in this State;

  (4) a proceeding for probate or administration of the parent or alleged parent’s estate has been commenced; or

  (5) a child protection proceeding with respect to the child has been commenced. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 110. Joinder of proceedings

  (a) Joinder permitted. Except as otherwise provided in subsection (b) of this section, a proceeding to adjudicate parentage may be joined with a proceeding for parental rights and responsibilities, parent-child contact, child support, child protection, termination of parental rights, divorce, annulment, legal separation, guardianship, probate or administration of an estate or other appropriate proceeding, or a challenge or rescission of acknowledgment of parentage. Such proceedings shall be in the Family Division of the Superior Court.

  (b) Joinder not permitted. A respondent may not join a proceeding described in subsection (a) of this section with a proceeding to adjudicate parentage brought as part of an interstate child support enforcement action under Title 15B. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 111. Orders

  (a) Interim order for support. In a proceeding under this title, the court may issue an interim order for support of a child in accordance with the child support guidelines under 15 V.S.A. § 654 with respect to a person who is:

  (1) a presumed, acknowledged, or adjudicated parent of the child;

  (2) petitioning to have parentage adjudicated;

  (3) identified as the genetic parent through genetic testing under chapter 6 of this title;

  (4) an alleged genetic parent who has declined to submit to genetic testing;

  (5) shown by a preponderance of evidence to be a parent of the child;

  (6) the person who gave birth to the child, other than a gestational carrier; or

  (7) a parent under this chapter.

  (b) Interim order for parental rights and responsibilities. In a proceeding under this title, the court may make an interim order regarding parental rights and responsibilities on a temporary basis.

  (c) Final orders. Final orders concerning child support or parental rights and responsibilities shall be governed by Title 15. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 112. Admission of parentage authorized

  (a) Admission of parentage. A respondent in a proceeding to adjudicate parentage may admit parentage of a child when making an appearance or during a hearing in a proceeding involving the child or by filing a pleading to such effect. An admission of parentage pursuant to this section is different from an acknowledgment of parentage as provided in chapter 3 of this title.

  (b) Order adjudicating parentage. If the court finds an admission to be consistent with the provisions of this chapter and rejects any objection filed by another party, the court may issue an order adjudicating the child to be the child of the person admitting parentage. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 113. Order on default

  The court may issue an order adjudicating the parentage of a person who is in default, providing:

  (1) the person was served with notice of the proceeding; and

  (2) the person is found by the court to be the parent of the child. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 114. Order adjudicating parentage

  (a) Issuance of order. In a proceeding under this chapter, the court shall issue a final order adjudicating whether a person alleged or claiming to be a parent is the parent of a child.

  (b) Identify child. A final order under subsection (a) of this section shall identify the child by name and date of birth.

  (c) Change of name. On request of a party and for good cause shown, the court may order that the name of the child be changed.

  (d) Amended birth record. If the final order under subsection (a) of this section is at variance with the child’s birth certificate, the Department of Health shall issue an amended birth certificate. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 115. Binding effect of determination of parentage

  (a) Determination binding. Except as otherwise provided in subsection (b) of this section, a determination of parentage shall be binding on:

  (1) all signatories to an acknowledgment of parentage or denial of parentage as provided in chapter 3 of this title; and

  (2) all parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of section 108 of this title.

  (b) Adjudication in proceeding to dissolve marriage. In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if:

  (1) the court acts under circumstances that satisfy the jurisdictional requirements of section 108 of this title; and

  (2) the final order:

  (A) expressly identifies a child as a “child of the marriage” or “issue of the marriage” or by similar words indicates that the parties are the parents of the child; or

  (B) provides for support of the child by the parent or parents.

  (c) Determination a defense. Except as otherwise provided in this chapter, a determination of parentage shall be a defense in a subsequent proceeding seeking to adjudicate parentage by a person who was not a party to the earlier proceeding.

  (d) Challenge to adjudication.

  (1) Challenge by a person who was a party to an adjudication. A party to an adjudication of parentage may challenge the adjudication only by appeal or in a manner otherwise consistent with the Vermont Rules for Family Proceedings.

  (2) Challenge by a person who was not a party to an adjudication. A person who has standing under section 105 of this title, but who did not receive notice of the adjudication of parentage under section 106 of this title and was not a party to the adjudication, may challenge the adjudication within two years after the effective date of the adjudication. The court, in its discretion, shall permit the proceeding only if it finds that it is in the best interests of the child. If the court permits the proceeding, the court shall adjudicate parentage under section 206 of this title.

  (e) Child not bound. A child is not bound by a determination of parentage under this chapter unless:

  (1) the determination was based on an unrescinded acknowledgment of parentage and the acknowledgment is consistent with the results of genetic testing;

  (2) the determination was based on a finding consistent with the results of genetic testing;

  (3) the determination of parentage was made under chapter 7 or 8 of this title; or

  (4) the child was a party or was represented by an attorney, guardian ad litem, or similar person in the proceeding in which the child’s parentage was adjudicated. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 116. Full faith and credit

  A court of this State shall give full faith and credit to a determination of parentage and to an acknowledgment of parentage from another state if the determination is valid and effective in accordance with the law of the other state. (Added 2017, No. 162 (Adj. Sess.), § 1.)