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.
(Cite as: 15A V.S.A. § 4-101)
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§ 4-101. Standing to adopt minor stepchild
(a) A stepparent has standing under this article to petition to adopt a minor stepchild
who is the child of the stepparent’s spouse if:
(1) the spouse has sole legal and physical custody of the child and the child has been
in the physical custody of the spouse and the stepparent during the six months prior
to the filing of a petition for adoption;
(2) the spouse has joint legal custody of the child with the child’s other parent and
the child has resided primarily with the spouse and the stepparent during the 12 months
next preceding the filing of the petition;
(3) the spouse is deceased or mentally incompetent, but before dying or being judicially
declared mentally incompetent, had legal and physical custody of the child, and the
child has resided primarily with the stepparent during the 12 months prior to the
filing of the petition; or
(4) an agency placed the child with the stepparent pursuant to section 2-103 of this title.
(b) For good cause shown, a court may allow a person who does not meet the requirements
of subdivisions (a)(1) through (4) of this section, but has the consent of the custodial
parent of a minor to file a petition for adoption under this article. A petition allowed
under this subsection shall be treated as if the petitioner were a stepparent.
(c) A petition for adoption by a stepparent may be joined with a petition under Article
3, Part 5 of this title to terminate the relationship of parent and child between
a minor adoptee and the adoptee’s parent who is not the stepparent’s spouse. (Added 1995, No. 161 (Adj. Sess.), § 1.)