What are the adoption laws in Vermont?

Adoption in Vermont is governed by Vermont Statutes Title 15A, and a stepparent adoption is filed with the Probate Court in your county. Vermont has 14 counties, and the filing goes to the court for the county where you live.

Residency. The residency requirement is 6 months, under 15A V.S.A. § 3-101(a)(1)-(2).

Child's consent. A child who is 14 or older has a consent role in the adoption, under 15A V.S.A. § 2-401.

Abandonment. The abandonment period in Vermont is 6 months, under 15A V.S.A. § 3-504. Whether it applies to your family depends on your facts. If the other parent is absent, unknown or unwilling to agree, ask the Probate Court clerk or an attorney about your specific situation.

Home study. For stepparent adoptions the home study is waived, under 15A V.S.A. § 4-110(a). That removes a step that often adds time and cost in other adoptions.

Timeline. A stepparent adoption in Vermont typically takes about 3-6 months. The clerk in your county can tell you how local scheduling works, and can confirm the current filing fee, since the fee is set by the court.

Adult adoption. Vermont also allows adult adoption, which is a much shorter process, usually 4-8 weeks. The rules are different from a minor adoption:

• An adult may adopt another adult or an emancipated minor, but may not adopt his or her spouse (15A V.S.A. § 5-101). An "adult" is a person who has reached 18.
• The adopter and the adoptee file the petition together. It must state how long they have known each other, the nature of their relationship, and that both want to take on the parent-child relationship (15A V.S.A. § 5-105).
• Consent is required only from the spouse of the person adopting. It is not required if they 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).
• At least one petitioner must have lived in Vermont for 90 days immediately before filing (15A V.S.A. § 5-104).
• 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).
• A home study is not required for a competent adult.

After the adoption. Once the court grants the adoption, the Vermont Department of Health Vital Records is the agency to contact about birth record questions. Ask the court clerk or Vital Records which documents they need from you.

Questions the law may not answer for your family. Whether you are dealing with a contested case, an unknown parent, or any unusual circumstance, the answer depends on the facts. The Probate Court clerk in your county can explain procedure, and an attorney can advise you on your particular situation.

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.