Is there an age limit for adult adoption in Vermont?

Vermont's adult adoption law does not set a maximum age for the person being adopted. The one age it states is that the person adopting must be an adult, meaning someone who has reached 18, and it does not state an age gap between the two of you. If you are wondering whether an upper age limit exists, or whether an age gap matters in your situation, the Probate Court clerk in your county or an attorney can confirm that for you.

What the law says about age

• An adult may adopt another adult or an emancipated minor, but may not adopt his or her spouse (15A V.S.A. § 5-101).
• "Adult" means a person who has attained 18 (15A V.S.A. § 1-101(2)).
• Vermont's general rule is that "any person may adopt or be adopted by another person" (15A V.S.A. § 1-102(a)).
• No age gap or prior-relationship requirement is stated in the adult adoption provisions.

How the process works for adults

• Who files: The adopter and the adoptee file the petition together, so the adoptee joins as a co-petitioner (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.
• Consent: Consent is required only of the adopter's spouse. It is not required if you 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). If the adoptee has been found incompetent, the legal guardian joins the petition (15A V.S.A. § 5-109).
• Court and residency: The petition goes to the Probate Division of the Superior Court in the district where a petitioner lives. A petitioner must have lived in Vermont for at least 90 days immediately before filing (15A V.S.A. § 5-104).
• Home study: A competent adult does not need one. If the adoptee has been found 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 notice (15A V.S.A. § 5-106). Both of you normally appear in person unless excused for good cause, in which case an attorney, telephone or electronic appearance may be possible (15A V.S.A. § 5-107).

Questions for the clerk or an attorney

Your situation may involve facts the statute summary does not address, such as a contested case, a question about an upper age, or an age gap between you and the person you want to adopt. The Probate Court clerk can explain local filing details, and an attorney can advise on how the law applies to your circumstances. The clerk can also tell you the current court filing fee.

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. Our price is $349 for one adult adoptee, and you receive court-ready documents within 24-48 hours after you finish the questions. We come with a 100% court acceptance guarantee, and we have helped 87 Vermont families and more than 34,000 families nationally since 2001.