Vermont has a few requirements that are specific to it, and none of them are hard for a stepparent to meet. You file in Probate Court in your county, and at least one of you has to have lived in Vermont for 6 months (15A V.S.A. § 3-101(a)(1)-(2)). A child who is 14 or older must consent (15A V.S.A. § 2-401). The home study is waived for stepparent adoptions (15A V.S.A. § 4-110(a)). In most stepparent adoptions the other parent never signs a consent, and the judge approves the adoption anyway.
What Vermont requires, at a glance
Vermont's adoption law is in Vermont Statutes Title 15A. Here is what applies to a stepparent adopting a stepchild:
| Requirement | Vermont |
|---|---|
| Court | Probate Court (Vermont has 14 counties, so you file in yours) |
| Residency | 6 months (15A V.S.A. § 3-101(a)(1)-(2)) |
| Child's consent | Required at age 14 and older (15A V.S.A. § 2-401) |
| Abandonment period | 6 months (15A V.S.A. § 3-504) |
| Home study | Waived (15A V.S.A. § 4-110(a)) |
| Separate termination case | Not a separate proceeding |
| Typical timeline | 3-6 months |
Who can adopt. Vermont says "any person may adopt or be adopted by another person" (15A V.S.A. § 1-102(a)). There is no required age gap between you and your stepchild, and no minimum age number for minor adoptions.
Where you file. Every county has a Probate Court, whether you live in Burlington, South Burlington, Rutland, Essex Junction, Barre, or a small town. Local forms and procedures can vary a little by county, which is why we build your document package for your specific county.
No separate termination case. You do not have to file a stand-alone case to end the other parent's rights before you start. That question is handled inside the adoption itself.
The other parent's consent
This is the question that worries most stepparents, so here is the plain answer. In most stepparent adoptions, the other biological parent, usually the father, never signs a consent. The judge approves the adoption anyway. That is what courts see every day.
It usually happens for one of these reasons:
- The parent stopped contact or support. Vermont uses a 6-month abandonment period (15A V.S.A. § 3-504). Many families we work with are well past that.
- The parent cannot be found. Notice, including publication when an address is unknown, is a routine step. We prepare those documents for you.
- The parent is deceased. A death certificate goes into your package and the case moves forward.
In our experience, about 80% of the stepparent adoptions we have completed went forward without the other biological parent's consent.
Courts want a child to have the security of two active legal parents. When you are a stepparent who is already raising the child, you are offering exactly that. Your job is to show the court who you are to this child and what has happened with the other parent. We build your paperwork around that.
If the other parent does sign a consent, that makes things simpler. If the other parent actively shows up to fight the adoption in court, some families choose to add an attorney for that hearing.
Your stepchild's consent. If your stepchild is 14 or older, the child's own consent is required (15A V.S.A. § 2-401). A teenager who wants this adoption usually makes the hearing a happy one.
Home study, residency, and the hearing
No home study. Vermont waives the home study for stepparent adoptions (15A V.S.A. § 4-110(a)). Nobody schedules a social worker to inspect your house, so you skip a step that slows down adoptions in many other places.
Residency. The 6-month residency requirement is in 15A V.S.A. § 3-101(a)(1)-(2). Check your timing before you file. If you are close to the 6-month mark, call us and we will tell you what to do.
Timeline. Stepparent adoptions in Vermont generally take 3-6 months from filing to decree. Most of that time is the court's calendar: notice to the other parent, the hearing date, and the judge signing the decree.
Court fees. The county clerk sets the filing fee. Call your Probate Court clerk to confirm the amount before you file, and ask whether your county has any local form you should include.
After the decree. Once the adoption is final, you can request an updated birth certificate from the Vermont Department of Health Vital Records. Your decree is the document that supports the request.
Child support. Once you adopt, the other parent's duty to pay support going forward ends. Whether past-due support can still be collected depends on state law.
If you are an adult adopting an adult
Vermont allows adult adoption, and it is faster and simpler than adopting a minor. The adult adoption rules are in Article 5 of Title 15A.
- Who can adopt. An adult can adopt another adult or an emancipated minor, but cannot adopt a spouse (15A V.S.A. § 5-101). "Adult" means someone who has turned 18.
- How you file. The adopter and the adoptee file the petition together (15A V.S.A. § 5-105). The petition describes how long and in what way you have known each other, and says you both want a parent-child relationship.
- No age gap or prior-relationship requirement. Vermont's adult adoption rules don't set a required age difference or a minimum length of relationship.
- Consent. Consent is required only from the spouse of the person adopting. It is not required if they are legally separated, or if the court finds the spouse cannot consent or is withholding consent against the best interests of the adoptee and adopter (15A V.S.A. § 5-103).
- Home study. Not required for a competent adult. If the adoptee has been found incompetent, the guardian joins the petition and the court may order an evaluation (15A V.S.A. § 5-109).
- Residency. One of you must have lived in Vermont for at least 90 days right before filing (15A V.S.A. § 5-104).
- Hearing. A hearing is required (15A V.S.A. § 5-106). You both attend in person unless the court excuses you for good cause, in which case an attorney, telephone, or electronic appearance is possible (15A V.S.A. § 5-107). Plan on about 4-8 weeks overall.
- Court. The Probate Division of the Superior Court, in the district where one of you lives (15A V.S.A. § 5-104).
Questions families ask next
Does my spouse have to be involved? Your spouse, the child's parent, is part of the process and will typically consent to the adoption and appear with you. If your situation has complications, call us and we will walk you through them.
What if I don't know where the other parent is? That is very common. Notice by publication is a routine step, and we prepare the documents for it.
Do I need an attorney? No. You file the package yourself. Our families do this without an attorney, and we support you until the decree.
What if the other parent has had no contact for years? Vermont's abandonment period is 6 months (15A V.S.A. § 3-504). Long gaps in contact or support are the most common reason a judge approves an adoption without the other parent's signature.
Can I adopt more than one stepchild at once? Yes. We prepare the package for each child, and the price for additional children is lower.
How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and within 24-48 hours after you finish we prepare the complete court-ready package for your Vermont county. You file it yourself, and we support you until the decree. The price is $349 for the first child (or one adult adoptee) and $99 for each additional child, with a 100% court acceptance guarantee. We have helped 87 Vermont families and 34,000+ families nationally since 2001. Call us at (855) 924-0450 with any questions.
Talk to a Vermont adoption specialist.
Real people, no pressure. Tell us your situation and we will tell you exactly what your court will want to see.
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StepParent Adoption 360 is a document preparation service, not a law firm. This guide is general information, not legal advice.
