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

A man on your child's birth certificate who is not the biological father can matter for your Vermont stepparent adoption, because the case has to address the child's other parent. How the Probate Court treats a man named on the birth certificate, and whether the biological father has any role, depends on the facts of your family. Please confirm that point with the Probate Court clerk in your county or with an attorney.

What stays the same no matter who is on the certificate:

• Court: Stepparent adoptions are filed in Probate Court.
• Residency: Vermont's residency requirement is 6 months, under 15A V.S.A. § 3-101(a)(1)-(2).
• Your child's consent: A child who is 14 or older must consent, under 15A V.S.A. § 2-401.
• Home study: It is waived for stepparent adoptions, under 15A V.S.A. § 4-110(a).
• Termination: Vermont does not treat termination as a separate step for stepparent adoptions.
• Timeline: Stepparent adoptions typically take 3-6 months.

If the other parent is absent: Vermont's abandonment provision, 15A V.S.A. § 3-504, uses a 6-month period. Whether it applies to a man on the birth certificate, or to a biological father who is not listed, is a fact-specific question. The clerk or an attorney can tell you how the court would view your situation.

Situations that call for individual guidance:

• The man on the certificate has been involved in your child's life, or has not.
• A different man is, or may be, the biological father.
• Anyone is likely to contest the adoption.
• You are unsure who the court will consider a parent.

In any of these cases, an attorney can advise you on your specific facts. The clerk can explain what the court needs to see filed.

Your child's records: The Vermont Department of Health Vital Records holds your child's birth certificate. Ask the Probate Court clerk what documents they want from you. You can request a copy of the certificate from Vital Records so you can see exactly how the parents are listed before you begin.

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. Court-ready documents arrive within 24-48 hours after you finish the questions. The price is $349 for the first child and $99 for each additional child, backed by a 100% court acceptance guarantee. We have helped 87 Vermont families, and more than 34,000 families nationally since 2001. If your situation involves a contested or unknown parent, speak with the clerk or an attorney about that issue before you file.