Vermont Adoption Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 01, 2024
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The adoption process in Vermont can be exciting but complex. You must send certified copies of the adoption forms to the right agencies. You also have to attend adoption proceedings, which can be intimidating for potential adoptive parents.
While Vermont law governs the adoption process, you must also deal with various government agencies. These include the Department of Health and the Vermont Department of Children and Families (DCF).
Rather than go into the process blind, reviewing Vermont adoption law first is a good idea. Here, we'll explain how to adopt a child in the State of Vermont. For example, will you engage adoption agencies to help find a prospective child? Or will you work with an adoption attorney to execute a private adoption?
These are just some of the questions you'll ask yourself before you begin the process. We'll do our best to answer your questions here. Findlaw also has many other articles on this topic. We will provide links to some of these pages here.
Types of Adoptions in Vermont
Before you embark on the adoption process, you must decide which route you'll take to find a child to adopt. This won't be an issue if you want to complete a stepparent adoption. But if you plan to adopt a child through an adoption agency, you'll need to research the options in your area.
Some of the more common types of adoptions include:
- Private adoption — These adoptions typically involve an infant or newborn. The birth parents (or parent) have 21 days after signing the adoption agreement to change their minds. There is a mandatory 36-hour waiting period (after birth) before adoptive parents take custody of the child.
- Domestic adoption — This adoption takes place within Vermont.
- International adoption — This type of adoption is becoming quite common. You must follow state law and the laws of the child's birth country.
- Foster care adoption — You may be able to adopt a child through the Department of Children and Families. In most cases, applicants serve as foster parents to the child first then apply to formally adopt them. There are more requirements if you choose this route.
- Special needs adoption — Vermont considers some children to be vulnerable and to have special needs. If you adopt a child who meets these criteria, you'll get special funding from the state. We'll discuss the qualifications for a special needs adoption below.
- Stepparent adoption — If you remarry and your new spouse wants to adopt your children, you must get the consent of the child's other natural parent. If they refuse to consent, you can ask the court to terminate their parental rights. This is a complex process because the courts are reluctant to terminate any birth parent's right to custody of their child.
Which Children Qualify for a Special Needs Adoption in Vermont?
Vermont law recognizes that it is more challenging to find adoptive parents for certain children. They note these children as having special needs. But this label is a misnomer.
To qualify for a special needs adoption, the prospective adoptee must fall into one of the below categories:
- Over age 3
- Of an ethnic or racial background and over 3
- Having a physical, mental, emotional, or psychological disability
- Born to parents with a drug addiction or other dangerous condition
- Having a sibling who must get adopted with them
Basic Legal Requirements for Adoption in Vermont
Below, we will break down the specific adoption laws in Vermont. But you must meet some basic requirements before proceeding with an adoption.
These requirements include:
- You must be at least 21.
- If you are married, you and your spouse must apply to be an adoptive family.
- You must undergo and pass a criminal background check and child abuse inquiry.
- You must undergo a home study involving a home visit, interviews, and a suitability assessment by a licensed social worker.
There is no residency rule in Vermont. But the courts may apply stricter scrutiny to your case if you are new to the state.
Vermont Adoption Laws
Below, you'll find a breakdown of Vermont's adoption laws. Explore FindLaw's Adoption section for more articles and resources.
Code section | §1-101, et seq. of the Vermont Adoption Act (Title 15A) |
---|---|
Who can you adopt? | You can technically adopt any person, whether a child or an adult. But the adoption will only proceed if the court finds it is in the best interests of the adoptee and prospective adoptive parents. |
Age that child's consent needed | 14 and older |
Who may adopt | Anybody who meets the above requirements can petition the court for an adoption. Please see above. |
State agency/court | Department for Children and Families/Probate Division of Superior Court |
Statute of limitations to challenge | Six months |
Same-sex adoption | Yes |
Note: State laws are always subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult an adoption attorney or conduct legal research to verify your state laws.
New Vermont Law on Adoption Records
In November 2022, the Vermont legislature passed a new law about access to adoption records. The law went into effect July 1, 2023, and affects adoptees, their birth parents, and direct descendants of adoptees.
Under this new law, adoptees over 18 can access the following records:
- Original birth certificate
- Birth parents' identification information
The Vermont Adoption Registry manages these records and will only provide identification information for birth parents (and former parents) who did not request that their information remain sealed.
This law also allows birth parents and former parents to file forms with the Vermont Adoption Registry requesting that their identity remain secret. In these cases, adoptees can still have their original birth certificate, but the office will redact their birth parents' names and other identifying information.
Parents who want their adopted children to be able to contact them once they turn 18 can specify this by filing a form with the registry.
Get Legal Help from an Adoption Attorney
Many people looking to adopt a child hire an experienced adoption attorney to help them with the process. The attorney will review their cases, provide helpful legal advice, and advocate for them and their future child. Speak to a Vermont adoption attorney today.
Vermont Adoption Laws: Related Resources
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