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VermontH.982025-2026 SessionHouse

An act relating to confirmatory adoptions and standby guardianships

Sponsored By: Barbara Rachelson (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Backup guardians for immigration-affected families

Beginning May 22, 2025, families can arrange consensual guardianship when a covered immigration action makes a custodial parent unavailable. Covered actions include immigration arrest or detention, removal or departure orders, visa or permit denials or expirations, and parole or entry denials or delays. A voluntary standby agreement takes effect only when the covered action makes the parent unavailable to provide care. Before the hearing, families must file the approved consent form and an agreement covering triggers, responsibilities, duration, contact, and decision-making. The court must schedule a hearing within 14 days; the custodial parent can participate remotely. Approval requires clear and convincing evidence of need, voluntary consent, reasonable notice efforts, a suitable guardian, and the child's best interests. A presumption favoring approval applies when the immigration action makes the parent unavailable, everyone consents, and the parent has a lawyer. The court must approve the agreement and issue the guardianship order within 45 days of filing, unless extended for good cause.

Easier adoption for assisted reproduction families

Beginning July 1, 2025, eligible parents can confirm parentage through adoption for children born through assisted reproduction. The nonbirth parent must qualify as a legal or presumed parent under Vermont law. All parents must sign the petition and include a declaration, certified birth certificate, and marriage certificate when applicable. Donors need no notice or consent; other notice generally requires service within 30 days and allows 20 days to respond. The court generally skips in-person appearances, agency involvement, background and registry checks, and minimum home-residency periods unless written findings show good cause. The court must promptly grant complete petitions meeting the marital or nonmarital parentage requirements, including consent and no competing parentage claim where required. Existing legal parentage is not grounds for denial, and not filing cannot count as evidence when parentage presumptions conflict.

Parents gain safeguards during standby guardianship

Beginning May 22, 2025, standby guardians must send status reports to the custodial parent's last known email and the parent's lawyer. These reports supplement the annual reporting duties for guardians. Standby guardianship is presumed to end when the parent is released and reunited with the child. A parent can also file and serve a request to end a consensual or standby guardianship. The court must end it unless the guardian requests continuation within 30 days after service. If contested, the parent need not prove changed circumstances; the guardian must prove continued need by clear and convincing evidence. Custodial parents must be allowed to participate remotely in covered standby continuation hearings. For standby cases, the court can excuse specified filing-format or signing defects for good cause.

Sponsors & Cosponsors

Sponsor

  • Barbara Rachelson

    Democratic • House

Cosponsors

  • Angela Arsenault

    Democratic • House

  • Ian Goodnow

    Democratic • House

  • Kevin "Coach" B Christie

    Democratic • House

  • Martin J LaLonde

    Democratic • House

  • Troy Headrick

    Independent • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. House message: Governor approved bill on May 22, 2025

    5/22/2025House

  2. Signed by Governor on May 22, 2025

    5/22/2025House

  3. Delivered to Governor on May 16, 2025

    5/16/2025House

  4. House message: House concurred in Senate proposal of amendment

    5/14/2025House

  5. Title revised via Rule 41

    5/13/2025House

  6. Senate proposal of amendment concurred in

    5/13/2025House

  7. Action Calendar: Action postponed until 5/13/2025

    5/13/2025House

  8. Action Calendar: Action postponed until May 13, 2025

    5/12/2025House

  9. Rep. LaLonde of South Burlington moved to postpone action until 5/13/2025, which was agreed to

    5/9/2025House

  10. Action Calendar: Senate Proposal of Amendment

    5/9/2025House

  11. Notice Calendar: Senate Proposal of Amendment

    5/8/2025House

  12. Senate Message: Passed in concurrence with proposal of amendment

    5/7/2025Senate

  13. Read 3rd time & passed in concurrence with proposal of amendment

    5/6/2025Senate

  14. New Business/Third Reading

    5/6/2025Senate

  15. 3rd reading ordered

    5/2/2025Senate

  16. Proposal of amendment by Committee on Judiciary agreed to

    5/2/2025Senate

  17. Read 2nd time, reported favorably with proposal of amendment by Senator Hashim for Committee on Judiciary

    5/2/2025Senate

  18. Favorable report with proposal of amendment by Committee on Judiciary

    5/2/2025Senate

  19. Unfinished Business/Second Reading

    5/2/2025Senate

  20. Favorable report with proposal of amendment by Committee on Judiciary

    5/1/2025Senate

  21. New Business/Second Reading

    5/1/2025Senate

  22. Favorable report with proposal of amendment by Committee on Judiciary

    4/30/2025Senate

  23. Second Reading

    4/30/2025Senate

  24. Entered on Notice Calendar

    4/30/2025Senate

  25. Read 1st time & referred to Committee on Judiciary

    2/25/2025Senate

Bill Text

  • As Enacted (ACT 31)Opens in a new window

    5/28/2025

    PDF

  • As Passed by Both Chambers

    5/14/2025

    PDF

  • As Passed by Both Chambers (Unofficial)

    5/14/2025

    PDF

  • Senate Proposal of Amendment

    5/7/2025

    PDF

  • Senate Proposal of Amendment (Unofficial)

    5/7/2025

    PDF

  • As Passed by the House

    2/21/2025

    PDF

  • As Passed by the House (Unofficial)

    2/21/2025

    PDF

  • As Introduced

    1/27/2025

    PDF

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