What are Vermont's adoption laws?

Vermont adoption law is found in Vermont Statutes Title 15A, and stepparent adoptions are filed in the Probate Court in your county (Vermont has 14 counties). Here are the main points for a stepparent adoption.

Court: You file your petition with the Probate Court. The clerk in your county can tell you about local filing procedures and the current filing fee, since fees are set by the court.

Residency: Vermont has a 6-month residency requirement (15A V.S.A. § 3-101(a)(1)-(2)). The clerk can confirm how it applies to your family.

Child's consent: A child who is 14 or older must consent to the adoption (15A V.S.A. § 2-401).

Abandonment: If the other birth parent's rights are at issue, the abandonment period is 6 months (15A V.S.A. § 3-504). If the other parent hasn't agreed or can't be found, your facts matter a great deal. Talk to the Probate Court clerk or an attorney about your specific situation.

Termination of the other parent's rights: In Vermont this is not a separate proceeding that you have to file on its own.

Home study: For stepparent adoptions, a home study can be waived (15A V.S.A. § 4-110(a)).

Timeline: A stepparent adoption typically takes about 3-6 months. An adult adoption typically takes about 4-8 weeks.

Who can adopt: Vermont law says any person may adopt or be adopted by another person (15A V.S.A. § 1-102(a)).

Adult adoption: Vermont permits it, and the rules are different from a child adoption:

• An adult may adopt another adult or an emancipated minor, but may not adopt a spouse (15A V.S.A. § 5-101). "Adult" means someone who is 18 or older (15A V.S.A. § 1-101(2)).
• The adopter and the person being adopted file the petition together (15A V.S.A. § 5-105). It describes the length and nature of their relationship and states that both want a parent-child relationship.
• Consent is required only from the adopter's spouse. There are exceptions, such as legal separation or a court finding that the spouse cannot consent or is withholding consent against the best interests of the adoptee and adopter (15A V.S.A. § 5-103).
• A home study is not required for a competent adult (15A V.S.A. § 5-109 covers the case of an adult found incompetent).
• The Probate Division has jurisdiction if a petitioner has lived in Vermont for at least 90 days 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). Both petitioners usually appear in person unless excused for good cause (15A V.S.A. § 5-107).

Questions the law may not answer for you: Situations such as an unknown parent, a parent who objects, or a child with special circumstances depend on the facts. For any of those, check with the Probate Court clerk in your county or a Vermont attorney.

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.