The man on my child's birth certificate is not the biological father — how does this affect adoption in Vermont?

This is an important distinction. In Vermont (and all states), the man listed on the birth certificate IS the legal father, whether he is the biological father or not.

How the law works:

• If a woman is married at the time of birth, her husband is automatically listed as the father on the birth certificate
• That man is the legal father with full parental rights and obligations
• It does not matter if another man is the biological father
• The legal father's consent (or abandonment finding) is what is required for stepparent adoption

For your adoption in Vermont:

• The legal father (man on the birth certificate) must either consent or be found to have abandoned the child under 15A V.S.A. § 3-504 (12+ months no contact)
• The biological father (if different and not on the birth certificate) generally has limited or no legal standing unless he has established paternity through a court

What about the biological father?

In rare cases, if the court becomes aware of a biological father who has established or is seeking paternity, the judge may address his rights. But this is extremely rare in our experience.

Bottom line: Focus on the man on the birth certificate. He is the legal father whose rights must be addressed. Our documents ($349) handle this correctly for Vermont Probate Court.

Call (855) 924-0450 if you have questions about your specific situation.