The Vermont Statutes Online

Title 15C: Parentage Proceedings

Chapter 003: Voluntary Acknowledgment of Parentage

• § 301. Acknowledgment of parentage

  (a) The following persons may sign an acknowledgment of parentage to establish parentage of a child:

  (1) a person who gave birth to the child;

  (2) a person who is the alleged genetic parent of the child;

  (3) a person who is an intended parent to the child pursuant to chapter 7 or 8 of this title; and

  (4) a presumed parent pursuant to chapter 4 of this title.

  (b) The acknowledgment shall be signed by both the person who gave birth to the child and by the person seeking to establish a parent-child relationship and shall be witnessed and signed by at least one other person. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 302. Acknowledgment of parentage void

  An acknowledgment of parentage shall be void if, at the time of signing:

  (1) a person other than the person seeking to establish parentage is a presumed parent, unless a denial of parentage in a signed record has been filed with the Department of Health; or

  (2) a person, other than the person who gave birth, is an acknowledged, admitted, or adjudicated parent, or an intended parent under chapter 7 or 8 of this title. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 303. Denial of parentage

  A person presumed to be a parent or an alleged genetic parent may sign a denial of parentage only in the limited circumstances set forth in this section. A denial of parentage shall be valid only if:

  (1) an acknowledgment of parentage by another person has been filed pursuant to this chapter;

  (2) the denial is in a record and is witnessed and signed by at least one other person; and

  (3) the person executing the denial has not previously:

  (A) acknowledged parentage, unless the previous acknowledgment has been rescinded pursuant to section 307 of this title or successfully challenged the acknowledgment pursuant to section 308 of this title; or

  (B) been adjudicated to be the parent of the child. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 304. Conditions for acknowledgment or denial of parentage

  (a) Completed forms for acknowledgment of parentage and denial of parentage shall be filed with the Department of Health.

  (b) An acknowledgment of parentage or denial of parentage may be signed before or after the birth of a child.

  (c) An acknowledgment of parentage or denial of parentage takes effect on the date of the birth of the child or the filing of the document with the Department of Health, whichever occurs later.

  (d) An acknowledgment of parentage or denial of parentage signed by a minor shall be valid provided it is otherwise in compliance with this title. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 305. Equivalent to adjudication; no ratification required

  (a) Acknowledgment. Except as otherwise provided in sections 307 and 308 of this title, a valid acknowledgment of parentage under section 301 of this title filed with the Department of Health is equivalent to an adjudication of parentage of a child and confers upon the acknowledged parent all of the rights and duties of a parent.

  (b) Ratification. Judicial or administrative ratification is neither permitted nor required for an unrescinded or unchallenged acknowledgment of parentage.

  (c) Denial. Except as otherwise provided in sections 307 and 308 of this title, a valid denial of parentage under section 303 of this title filed with the Department of Health in conjunction with a valid acknowledgment of parentage under section 301 of this title is equivalent to an adjudication of the nonparentage of the presumed parent or alleged genetic parent and discharges the presumed parent or alleged genetic parent from all rights and duties of a parent.

  (d) Rescission or challenge. A signatory of an acknowledgment of parentage may rescind or challenge the acknowledgment in accordance with sections 307-309 of this title. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 306. No filing fee

  The Department of Health shall not charge a fee for filing an acknowledgment of parentage or denial of parentage. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 307. Timing of rescission

  (a) A person may rescind an acknowledgment of parentage or denial of parentage under this chapter by any of the following methods:

  (1) Filing a rescission with the Department of Health within 60 days after the effective date of the acknowledgment or denial. The signing of the rescission shall be witnessed and signed by at least one other person.

  (2) Commencing a court proceeding within 60 days after the effective date of the acknowledgment or denial, as provided in section 304 of this title.

  (3) Challenging the acknowledgment or denial within the earlier of 60 days after the effect date of the acknowledgment or denial or within 60 days after the date of the first court hearing in a proceeding in which the signatory is a party to adjudicate an issue relating to the child, including a proceeding seeking child support.

  (b) If an acknowledgment or denial of parentage is rescinded under this section, any associated acknowledgment or denial of parentage becomes invalid, and the Department of Health shall notify the person who gave birth to the child and any person who signed an acknowledgment or denial of parentage of the child that the acknowledgment or denial of parentage has been rescinded. (Added 2017, No. 162 (Adj. Sess.), § 1; amended 2019, No. 24, § 1, eff. May 16, 2019.)

• § 308. Challenge to acknowledgment after expiration of period for rescission

  (a) Challenge by signatory. After the period for rescission under section 307 of this title has expired, a signatory of an acknowledgment of parentage or denial of parentage may commence a proceeding to challenge the acknowledgment or denial only:

  (1) on the basis of fraud, duress, coercion, threat of harm, or material mistake of fact; and

  (2) within two years after the acknowledgment or denial is effective in accordance with section 304 of this title.

  (b) Challenge by person not a signatory. If an acknowledgment of parentage has been made in accordance with this chapter, a person who is neither the child nor a signatory to the acknowledgment who seeks to challenge the validity of the acknowledgment and adjudicate parentage shall commence a proceeding within two years after the effective date of the acknowledgment unless the person did not know and could not reasonably have known of the person’s potential parentage due to a material misrepresentation or concealment, in which case the proceeding shall be commenced within two years after the discovery of the person’s potential parentage.

  (c) Burden of proof. A person challenging an acknowledgment of parentage or denial of parentage pursuant to this section has the burden of proof by clear and convincing evidence.

  (d) Consolidation. A court proceeding in which the validity of an acknowledgment of parentage is challenged shall be consolidated with any other pending court actions regarding the child. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 309. Procedure for rescission or challenge

  (a) Every signatory party. Every signatory to an acknowledgment of parentage and any related denial of parentage shall be made a party to a proceeding under section 307 or 308 of this title to rescind or challenge the acknowledgment or denial.

  (b) Submission to personal jurisdiction. For the purpose of rescission of or challenge to an acknowledgment of parentage or denial of parentage, a signatory submits to personal jurisdiction of this State by signing the acknowledgment or denial, effective upon the filing of the document with the Department of Health pursuant to section 304 of this title.

  (c) Suspension of legal responsibilities. Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of parentage or denial of parentage, the court shall not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.

  (d) Proceeding to rescind or challenge. A proceeding to rescind or challenge an acknowledgment of parentage or denial of parentage shall be conducted as a proceeding to adjudicate parentage pursuant to chapter 1 of this title.

  (e) Amendment to birth record. At the conclusion of a proceeding to rescind or challenge an acknowledgment of parentage or denial of parentage, the court shall order the Department of Health to amend the birth record of the child, if appropriate. (Added 2017, No. 162 (Adj. Sess.), § 1.)

• § 310. Forms for voluntary acknowledgment and denial of parentage

  (a) The Department of Health shall develop a voluntary acknowledgment of parentage form and a denial of parentage form for execution of parentage under this chapter.

  (b) The acknowledgment of parentage form shall provide notice of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the acknowledgment and shall state that:

  (1) there is no other presumed parent of the child or, if there is another presumed parent, shall state that parent’s full name;

  (2) there is no other acknowledged parent, adjudicated parent, or person who is an intended parent under chapter 7 or 8 of this title other than the person who gave birth to the child; and

  (3) the signatories understand that the acknowledgment is the equivalent of a court determination of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances.

  (c) A valid acknowledgment of parentage or denial of parentage is not affected by a later modification of the prescribed form. (Added 2017, No. 162 (Adj. Sess.), § 1; amended 2019, No. 24, § 3, eff. May 16, 2019.)

• § 311. Release of information

  (a) The Department of Health shall provide the completed following forms only to the parties who signed the document, the Office of Child Support, and the Family Services Division of the Department of Children and Families:

  (1) acknowledgment of parentage,

  (2) voluntary acknowledgment of parentage,

  (3) denial of parentage, and

  (4) rescission of these documents.

  (b) The Health Department shall release the forms to the Office of Child Support only upon request and the Office of Child Support may use the forms for the sole purpose of initiating a parentage or support proceeding on behalf of a dependent child as defined in 33 V.S.A. § 3901.

  (c) The Health Department shall release the forms to the Family Services Division of the Department for Children and Families only upon request and the Family Services Division may use the forms for the sole purpose of addressing parentage or support proceedings relating to a child who is in the care of the Department for Children and Families. (Added 2017, No. 162 (Adj. Sess.), § 1; amended 2019, No. 24, § 2, eff. May 16, 2019.)

• § 312. Adoption of rules

  The Department of Health may adopt rules to implement this chapter. (Added 2017, No. 162 (Adj. Sess.), § 1.)