How do I adopt an adult in Vermont?

In Vermont, an adult can adopt another adult by filing a joint petition in the Probate Court. The only stated limits are that the adopter must be an adult (18 or older) and cannot adopt his or her spouse (15A V.S.A. § 5-101). An adult may adopt another adult or an emancipated minor. The adult adoption provisions do not state an age gap or a prior-relationship requirement. If your situation raises a question about either, the Probate Court clerk in your county can confirm it.

Who files: The adopter and the adoptee file the petition together as co-petitioners (15A V.S.A. § 5-105). The petition must state how long you have known each other, the nature of your relationship, and that you both want to take on the parent-child relationship.

Which court: Your petition goes to the Probate Division of the Superior Court, in the district where one of the petitioners lives (15A V.S.A. § 5-104). At least one petitioner must have lived in Vermont for at least 90 days immediately before filing.

Consent: Vermont requires consent only from the spouse of the person adopting. That consent is not required if the spouses 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). The adoptee consents by joining the petition. If the adoptee has been found incompetent, the legal guardian joins the petition (15A V.S.A. § 5-109). For any consent question beyond these, such as a contested situation, ask the court clerk or an attorney.

Home study: A competent adult adoptee does not need a home study, because Vermont's adult adoption provisions have no evaluation requirement. If the adoptee has been adjudicated incompetent, the court may order an evaluation on the guardian's recommendation (15A V.S.A. § 5-109).

Hearing: A hearing is required. Notice must be served within 30 days after filing, and the hearing is at least 30 days after that notice (15A V.S.A. § 5-106). Both of you appear in person unless the court excuses you for good cause. In that case, appearance by attorney, telephone or electronic means may be possible (15A V.S.A. § 5-107).