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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 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.

Title 15A : Adoption Act

Chapter 005 : Adoption of Adults and Emancipated Minors

(Cite as: 15A V.S.A. § 5-109)
  • § 5-109. Adoption of an adult who is incompetent

    If the adult who is being adopted has been found by a court to be incompetent:

    (1) the legal guardian shall join in the petition for adoption;

    (2) the court may, upon recommendation of the legal guardian:

    (A) waive the requirement that the adoptee join in the petition;

    (B) waive the requirements of subdivisions 5-105(b)(6) and (7) of this title with respect to the adoptee; and

    (C) order an evaluation as provided in subdivisions 4-110(a)-(f) of this title; and

    (3) the court shall:

    (A) determine whether the adoptee has expressed an opinion about the granting of the petition;

    (B) ensure that the adoptee has not been coerced or subjected to duress, exploitation, or undue influence; and

    (C) not grant the petition unless the adoption is in the best interests of the adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 76.)