The Vermont Statutes Online

Title 15A : Adoption Act

Chapter 001 : General Provisions

• § 1-101. Definitions

  As used in this title:

  (1) “Adoptee” means a person who is adopted or is to be adopted.

  (2) “Adult” means a person who has attained 18 years of age.

  (3) “Agency” means the Department or a child-placing public or private entity that is licensed in this State to place minors for adoption.

  (4) “Child” means a minor or an adult son or daughter, by birth or adoption.

  (5) “Child with special needs” means a child with a special factor or condition, including ethnic background, age, membership in a minority or sibling group, medical condition, or physical, mental, or emotional disability, because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption or medical assistance.

  (6) “Court,” with reference to a court of this State, means the Probate Division of the Superior Court.

  (7) “Department” means the Department for Children and Families.

  (8) “Former parent” means the parent of the adoptee whose rights were terminated, voluntarily or involuntarily.

  (9) “Guardian” means a person, other than a parent, appointed by a court to act as a parent for another individual and specifically authorized by the Court to place the individual for adoption.

  (10) “Identifying information” means any information which might establish the current whereabouts of an adoptee, the adoptee’s former parent or other family member, including full name, date and place of birth, and last known address.

  (11) “Legal custody” means the right and duty to exercise continuing general supervision of a minor as authorized by law. The term includes the right and duty to protect, educate, nurture, and discipline the minor and to provide the minor with food, clothing, shelter, medical care, and a supportive environment.

  (12) “Minor” means a person who has not attained 18 years of age.

  (13) “Parent” means a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under subdivision 2-401(a)(1)-(4) or (6) of this title. The term does not include a person whose parental relationship to a child has been terminated judicially or by operation of law.

  (14) “Physical custody” means the physical care and supervision of a minor.

  (15) “Place for adoption” means to select a prospective adoptive parent for a minor and transfer physical custody of the minor to the prospective adoptive parent.

  (16) “Records” means all documents, exhibits and data pertaining to an adoption, whether collected prior to or after the decree of adoption.

  (17) “Registry” means the adoption registry administered by the Department.

  (18) “Relative” means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew of a person, whether related to the person by the whole or the half blood, affinity, or adoption. The term does not include a person’s stepparent.

  (19) “Relinquishment” means the voluntary surrender to an agency by a minor’s parent or guardian, for purposes of the minor’s adoption, of the rights of the parent or guardian with respect to the minor, including legal and physical custody of the minor.

  (20) “Sibling” means a full or half brother or sister.

  (21) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.

  (22) “State Registrar” and “State Registrar of Vital Records” mean the supervisor of the Office of Vital Records in the Department of Health.

  (23) “Stepparent” means a person who is the spouse or surviving spouse of a parent of a child but who is not a parent of the child. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 96 (Adj. Sess.), § 72; 2013, No. 131 (Adj. Sess.), § 114; 2017, No. 46, § 59, eff. July 1, 2019.)

• § 1-102. Who may adopt or be adopted

  (a) Subject to this title, any person may adopt or be adopted by another person for the purpose of creating the relationship of parent and child between them.

  (b) If a family unit consists of a parent and the parent’s partner, and adoption is in the best interests of the child, the partner of a parent may adopt a child of the parent. Termination of the parent’s parental rights is unnecessary in an adoption under this subsection. (Added 1995, No. 161 (Adj. Sess.), § 1.)

• § 1-103. Name of adoptee after adoption

  The name of an adoptee designated in a decree of adoption takes effect as specified in the decree. (Added 1995, No. 161 (Adj. Sess.), § 1.)

• § 1-104. Legal relationship between adoptee and adoptive parent after adoption

  When a decree of adoption becomes final:

  (1) the adoptive parent and the adoptee have the legal relation of parent and child and have all the rights and duties of that relationship including the right of inheritance and succession from or through each other and the kindred of the adoptive parent; and

  (2) the adoptee is the child, heir, or issue of the adoptive parent for the purposes of interpretation or construction of a donative disposition in any instrument, whether executed before or after an adoption, unless the instrument expressly states a contrary intention or excludes the adoptee by name or by classification not based on a family or parent and child relationship. (Added 1995, No. 161 (Adj. Sess.), § 1.)

• § 1-105. Legal relationship between adoptee and former parent after adoption

  (a) When a decree of adoption becomes final:

  (1) all parental rights and duties of each former parent of the adoptee terminate, including the right of inheritance and intestate succession from or through the adoptee, but not including the duty to make past-due payments for child support;

  (2) an adoptee’s right of inheritance through intestacy from or through each former parent and the kindred of each former parent terminates; and

  (3) the adoptee is not the child, descendant, heir, or issue of a former parent for the purpose of interpretation or construction of a donative disposition in any instrument, whether executed before or after the adoption, unless the document:

  (A) expressly states a contrary intention; or

  (B) includes the adoptee by name or other means which identifies the adoptee.

  (b) If a donative instrument includes an adoptee as provided for in subdivision (a)(3)(B) of this section, a public custodian of adoption records is authorized to release information to the probate division of the superior court to assist in the identification or location of the adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)

• § 1-106. Other rights of adoptee

  A decree of adoption does not affect any benefit from a third person, agency, state, Indian tribe, the United States, or any other country that is due the adoptee when the adoption decree becomes final. (Added 1995, No. 161 (Adj. Sess.), § 1.)

• § 1-107. Proceedings subject to Indian Child Welfare Act

  The federal Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq., governs any proceeding under this title that pertains to an Indian child, as defined by the Indian Child Welfare Act, and prevails over any inconsistent provision of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)

• § 1-108. Recognition of adoption decree in another jurisdiction

  A decree or order of adoption issued by a court of any other state which is entitled to full faith and credit in this State, or a decree or order of adoption entered by a court or administrative entity in another country acting pursuant to that country’s law or to any convention or treaty on intercountry adoption which the United States has ratified, has the same effect as a decree or order of adoption issued by a court of this State. The rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the decree or order were issued by a court of this State. (Added 1995, No. 161 (Adj. Sess.), § 1.)

• § 1-109. Termination of orders and agreements for visitation or communication upon adoption

  When a decree of adoption becomes final, except as provided in Article 4 of this title and 33 V.S.A. § 5124, any order or agreement for visitation or communication with the minor shall be unenforceable. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2015, No. 60, § 9.)

• § 1-110. Notice of intent to retain parental rights

  (a) At any time, a parent or alleged parent of a child born in this State may file in any Probate Division of the Superior Court in this State a notice of intent to retain parental rights. The notice shall specify the name and address of the person filing it, the name and last known address of the other parent of the minor, the name of the minor, if known, and the date or approximate date of the minor’s date of birth.

  (b) Each Probate Division of the Superior Court shall maintain a notice filed with that court under subsection (a) of this section within an electronic database that shall serve as a central repository for all such notices.

  (c) When a petition to adopt a minor is filed in this State, the register of the Probate Division of the Superior Court in which it is filed shall determine as of the date of the petition whether or not a notice has been filed under this section with respect to the minor to be adopted. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2019, No. 40, § 3.)

• § 1-111. Mental health and educational services

  (a) Within six months of the effective date of this title, the agency of human services shall adopt standards for certification of adoption counselors. These standards shall include a description of:

  (1) the prerequisites to application for certification including qualification to practice in the social work or the mental health field in an agency, a community mental health center, or in the private sector;

  (2) the nature and duration of professional experience which may qualify applicants for certification without further training and examination;

  (3) the training and examination process which will be made available to applicants who do not qualify for certification under subdivision (a)(2) of this section. Training and examination shall be made available to applicants at least annually.

  (b) The cost of certification shall be borne by the applicant for certification.

  (c) The agency of human services shall disseminate to the public:

  (1) a list of certified adoption counselors;

  (2) information about access to identifying and nonidentifying information contained in confidential adoption records;

  (3) educational brochures on adoption, including legal and psychological issues. (Added 1995, No. 161 (Adj. Sess.), § 1.)

• § 1-112. Family Division of the Superior Court jurisdiction

  The Family Division of the Superior Court shall have jurisdiction to hear and dispose of issues pertaining to parental rights and responsibilities, parent-child contact and child support in accordance with the provisions of 15 V.S.A. chapter 11 under the following circumstances:

  (1) If two unmarried persons, who have adopted a minor child, terminate their domestic relationship; or

  (2) If two unmarried persons, one of whom has adopted a minor child of the other, terminate their domestic relationship. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154, § 238.)

• § 1-113. Criminal record checks

  (a) Criminal record checks required under this title shall be obtained as provided in this section.

  (b) The Commissioner for Children and Families or any judge of the Probate Division of the Superior Court shall obtain from the Vermont Crime Information Center the record of Vermont convictions and pending criminal charges for any person being evaluated to be an adoptive parent.

  (c) The Commissioner or Probate judge, through the Vermont Crime Information Center shall request the record of convictions and pending criminal charges of the appropriate criminal repositories in all states in which there is reason to believe the applicant has resided or been employed.

  (d) If no disqualifying record is identified at the State level, the Commissioner or Probate judge through the Vermont Crime Information Center shall request from the Federal Bureau of Investigation (FBI) a national criminal history record check of the applicant’s convictions and pending criminal charges. The request to the FBI shall be accompanied by a set of the applicant’s fingerprints and a fee established by the Vermont Crime Information Center which shall be paid by the applicant and shall reflect the cost of obtaining the record from the FBI.

  (e) The Vermont Crime Information Center shall send to the requester any record received pursuant to this section or inform the requester that no record exists.

  (f) The requester shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont Crime Information Center.

  (g) Upon completion of the applicant process under this section, the applicant’s fingerprint card and any copies thereof shall be destroyed. (Added 1997, No. 53, § 1, eff. June 26, 1997; amended 1997, No. 139 (Adj. Sess.), § 4; 1997, No. 163 (Adj. Sess.), § 6; 2007, No. 65, § 127a; 2007, No. 77, § 3; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 119 (Adj. Sess.), § 11.)