How do I know if I'm eligible for stepparent adoption in Vermont?

In Vermont, you are likely eligible for stepparent adoption if you are the child's stepparent, you meet the 6-month Vermont residency requirement, and you can show the other parent's rights are addressed through consent or abandonment. Some of these points depend on your family's facts, so use the checklist below as a starting point.

Who can adopt: Vermont law says "any person may adopt or be adopted by another person" (15A V.S.A. § 1-102(a)). The statute does not set a minimum age for adopting a minor stepchild. The 18-year age applies to adult adoptions (15A V.S.A. § 1-101(2)). The Probate Court clerk can confirm anything further about adopter requirements.

Residency: Vermont's residency period is 6 months (15A V.S.A. § 3-101(a)(1)-(2)). Check this first, because it is the clearest threshold.

Child's consent: If your stepchild is 14 or older, the child's own consent is part of the process (15A V.S.A. § 2-401). If your stepchild is younger than 14, this requirement does not apply.

The other parent: This is usually the most important question. Vermont uses a 6-month abandonment period (15A V.S.A. § 3-504). If the other parent has had no contact with the child for 6 months or longer, that may be relevant to your case. Whether it applies depends on the specific facts, such as what contact or support there has been and whether the other parent objects. If the other parent is unknown, cannot be located, or may contest, talk to the Probate Court clerk or an attorney about your situation.

Home study: A home study is waived for stepparent adoptions in Vermont (15A V.S.A. § 4-110(a)). You should not need to schedule a social worker's visit as part of your case.

Court and timeline: Stepparent adoptions are handled by the Probate Court, and Vermont has 14 counties. A stepparent adoption typically takes 3-6 months. The clerk in your county can tell you the current filing fee, the hearing schedule, and any local filing requirements.

Quick eligibility checklist:

• You are the child's stepparent, married to the child's parent.
• You have lived in Vermont for at least 6 months.
• If your stepchild is 14 or older, the child is willing to consent.
• The other parent will consent, or you may be able to show the 6-month abandonment period applies.
• You are ready to file in the Probate Court in your county.