The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
§§ 5160-5165. Repealed. 2009, No. 3, § 12, eff. Sept. 1, 2009.
§ 5166. Certification by unauthorized person; penalty; validity of civil unions
(a) An unauthorized person who knowingly undertakes to join others in a civil union shall
be imprisoned not more than six months or fined not more than $300.00 nor less than
$100.00, or both.
(b) A civil union certified before a person falsely professing to be a justice or a member
of the clergy shall be valid, provided that the civil union is in other respects lawful,
and that either of the parties to a civil union believed that he or she was lawfully
joined in a civil union. (Added 1999, No. 91 (Adj. Sess.), § 5.)
§ 5167. Evidence of civil union
A copy of the record of the civil union received from the town or county clerk, the
Commissioner of Health, or the State Archivist shall be presumptive evidence of the
civil union in all courts. (Added 1999, No. 91 (Adj. Sess.), § 5; amended 2007, No. 96 (Adj. Sess.), § 10.)
§ 5168. Correction of civil union certificate
(a) Within six months after a civil union is certified, the town clerk may correct or
complete a civil union certificate, upon application by a party to a civil union or
by the person who certified the civil union. The town clerk shall certify that such
correction or completion was made pursuant to this section and note the date. The
town clerk may refuse an application for correction or completion; in which case,
the applicant may petition the Probate Division of the Superior Court for such correction
or completion.
(b) After six months from the date a civil union is certified, a civil union certificate
may only be corrected or amended pursuant to decree of the Probate Division of the
Superior Court in the district where the original certificate is filed.
(c) The Probate Division of the Superior Court shall set a time for a hearing and, if
the court deems necessary, give notice of the time and place by posting such information
in the Probate Division of the Superior Court office. After a hearing, the court shall
make findings with respect to the correction of the civil union certificate as are
supported by the evidence. The court shall issue a decree setting forth the facts
as found and transmit a certified copy of the decree to the State Registrar. The State
Registrar shall transmit the same to the appropriate town clerk to amend the original
or issue a new certificate. The words “Court Amended” shall be typed, written, or
stamped at the top of the new or amended certificate with the date of the decree and
the name of the issuing court. (Added 1999, No. 91 (Adj. Sess.), § 5; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 46, § 58, eff. July 1, 2019.)
§ 5169. Delayed certificates of civil union
(a) Persons who were parties to a certified civil union ceremony in this State for whom
no certificate of civil union was filed as required by law may petition the Probate
Division of the Superior Court of the district in which the civil union license was
obtained to determine the facts and to order the issuance of a delayed certificate
of civil union.
(b) The Probate Division of the Superior Court shall set a time for hearing on the petition
and, if the court deems necessary, give notice of the time and place by posting such
information in the Probate Court office. After hearing proper and relevant evidence
as may be presented, the court shall make findings with respect to the civil union
as are supported by the evidence.
(c) The court shall issue a decree setting forth the facts as found and transmit a certified
copy of said facts to the State Registrar.
(d) Where a delayed certificate is to be issued, the State Registrar shall prepare a delayed
certificate of civil union and transmit it, with the decree, to the clerk of the town
where the civil union license was issued. This delayed certificate shall have the
word “Delayed” printed at the top and shall certify that the certificate was ordered
by a court pursuant to this chapter, with the date of the decree. The town clerk shall
file the delayed certificate and, in accordance with the provisions of section 5010 of this title, furnish a copy to the State Registrar.
(e) Town clerks receiving new certificates in accordance with this section shall file
and index them in the most recent book of civil unions and also index them with civil
unions occurring at the same time. (Added 1999, No. 91 (Adj. Sess.), § 5; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 46, § 58, eff. July 1, 2019.)