The Vermont Statutes Online

Title 18: Health

Chapter 106: Civil Union; Records and Licenses

• §§ 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 Repealed. 2009, No. 3, § 12, eff.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.)