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: 15C V.S.A. § 803)
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§ 803. Parentage; parental rights and responsibilities
(a)(1) If a gestational carrier agreement satisfies the requirements of this chapter, the
intended parent or parents are the parent or parents of the resulting child immediately
upon the birth of the child, and the resulting child is considered the child of the
intended parent or parents immediately upon the birth of the child. Neither the gestational
carrier nor the gestational carrier’s spouse, if any, is the parent of the resulting
child.
(2) A person who is determined to be a parent of the resulting child is obligated to support
the child. The breach of the gestational carrier agreement by the intended parent
or parents does not relieve the intended parent or parents of the obligation to support
the resulting child.
(3) Notwithstanding subdivisions (1) and (2) of this subsection, if genetic testing indicates
a genetic relationship between the gestational carrier who is not a known family member
and the child, parentage shall be determined by the Family Division of the Superior
Court pursuant to chapters 1 through 6 of this title.
(b) Parental rights and responsibilities shall vest exclusively in the intended parent
or parents immediately upon the birth of the resulting child.
(c) If due to a laboratory error, the resulting child is not genetically related to either
the intended parent or parents or any donor who donated to the intended parent or
parents, the intended parent or parents are considered the parent or parents of the
child unless otherwise determined by the court. (Added 2017, No. 162 (Adj. Sess.), § 1; amended 2023, No. 175 (Adj. Sess.), § 12, eff. July 1, 2024.)