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Searching 2019-2020 Session

The Vermont Statutes Online


Title 15A : Adoption Act


(Cite as: 15A V.S.A. § 4-104)
  • § 4-104. Content of consent by stepparent's spouse

    (a) A consent executed by a parent who is the stepparent's spouse shall be signed or confirmed in the presence of a person specified in section 2-405 of this title, or a person authorized to take acknowledgments.

    (b) A consent under subsection (a) of this section shall be in writing, shall contain the required statements described in subdivisions 2-406(a)(1) through (3) of this title and shall state that:

    (1) the parent executing the consent has legal and physical custody of the parent's minor child and voluntarily and unequivocally consents to the adoption of the minor by the stepparent;

    (2) the adoption will not terminate the parental relationship between the parent executing the consent and the minor child;

    (3) the right of the adoptee or a descendant of the adoptee to inheritance or intestate succession through or from the adoptee's former parent; and

    (4) the parent executing the consent understands and agrees that the adoption will terminate the relationship of parent and child between the minor's other parent and the minor and will terminate any existing court order for custody, visitation, or communication with the minor, but:

    (A) the minor and any descendant of the minor will retain rights of inheritance from or through the minor's other parent;

    (B) a court order for visitation or communication with the minor by the parent executing the consent, or by a person related to the minor through that parent, or an agreement or order concerning another person which is approved by the court pursuant to section 4-112 of this title survives the decree of adoption, but failure to comply with the terms of the order or agreement is not a ground for revoking or setting aside the consent or the adoption; and

    (C) the other parent remains liable for arrearages of child support, unless released from that obligation by the parent executing the consent, any guardian ad litem of the minor, and by a governmental entity providing public assistance to the minor.

    (c) A consent may not waive further notice of the proceeding for adoption of the minor by the stepparent. (Added 1995, No. 161 (Adj. Sess.), § 1.)