How do I adopt my stepchild if the biological mother won't sign in Vermont?

If the biological mother won't sign, you can still ask the Vermont Probate Court to approve the stepparent adoption, but you will need to show a legal reason the court can move forward without her signature, and abandonment is the main one to look at. Whether it applies depends on the facts of your family.

Abandonment in Vermont: Vermont's abandonment period is 6 months under 15A V.S.A. § 3-504. If the mother has had no meaningful involvement with your stepchild for that long, abandonment may be the basis for your petition. How the court weighs specific facts, such as occasional calls, cards or support payments, is a question for the Probate Court clerk or an attorney.

If she is involved but simply refuses: This is a different situation, and the outcome depends on her actual role in the child's life. A disputed case may need a hearing. For that specific issue, talk with an attorney before you file.

Termination is not a separate case: In Vermont, ending her parental rights is not a separate court proceeding. It is handled within the adoption itself, so you file one petition rather than two.

Other Vermont requirements that still apply:

• Residency: The residency requirement is 6 months, under 15A V.S.A. § 3-101(a)(1)-(2).
• Your stepchild's consent: If your stepchild is 14 or older, their consent is required under 15A V.S.A. § 2-401.
• Home study: A home study is waived for stepparent adoptions under 15A V.S.A. § 4-110(a).
• Timeline: Stepparent adoptions in Vermont typically take 3-6 months.

Details to confirm with the clerk: Several points depend on your county's Probate Court, including how the mother must be notified, how long she has to respond, and the current filing fee. The Probate Court clerk in your county can tell you exactly what is required. Vermont has 14 counties, and each handles its own filings.

What to do next:

• Write down the last time the mother had contact with your stepchild, and what that contact was.
• Gather any messages, letters or records that show her level of involvement.
• If the other parent is likely to fight the adoption, speak with a Vermont family law attorney about that part of your case.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The cost is $349 for the first child and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 87 Vermont families, and more than 34,000 families nationally since 2001.