Title 15A, Title 15A: Adoption Act

§ 3-203. Confidentiality of proceedings A civil proceeding under this title shall be heard in closed court. The court may admit persons not directly related to the proceedings on motion for good cause shown. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 3-204. Custody during pendency of proceeding In order to protect the welfare of the minor, the court shall make an interim order for custody of a minor adoptee according to the best interests of the minor in a contested proceeding under this title for adoption or termination of…

§ 3-205. Removal of adoptee from State Before a decree of adoption is issued, a petitioner may not remove a minor adoptee for more than 30 consecutive days from the state in which the petitioner resides without the permission of the court, if the minor was placed directly for ado…

§ 3-206. Joinder of termination action An action for termination of the legal relationship of parent and child pursuant to Part 5 of this article may be joined with a proceeding for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 3-207. Consolidation and coordination If another action or proceeding concerning the adoptee is pending in the Family Division of the Superior Court of this State during the pendency of a proceeding for adoption under this title, then either court in which an action is pending,…

§ 3-208. Use of initials If a person uses initials to keep the person’s identity confidential as provided for under any section in this title, the court may require that person to disclose his or her identity to another party to a proceeding under this title if the court finds th…

§ 3-301. Standing to petition to adopt (a) Except as otherwise provided in subsection (c) of this section, the only persons who have standing to petition to adopt a minor under this article are: (1) a person with whom a minor has been placed for adoption or who has been selected …

§ 3-302. Time for filing petition (a) Unless the court for good cause extends the time for filing, a petition for adoption shall be filed no later than 45 days after a minor is placed with the petitioner for the specific purpose of adoption. This provision does not apply to foste…

§ 3-303. Caption of petition The caption of the petition shall read “In the Matter of the Adoption of .......... .” and shall contain the name by which the adoptee will be known or initials for the adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 3-304. Content of petition (a) A petition for adoption of a minor shall be signed and verified by the petitioner. It shall be filed and shall contain the following information or state why any of the information omitted is not contained in the petition: (1) the full name, date …

§ 3-305. Required documents (a) Before the hearing on a petition for adoption, the following shall be filed: (1) a certified copy of the birth certificate or other record of the date and place of birth of the minor adoptee; (2) the original or a certified copy of any consent, rel…

§ 3-401. Service of notice (a) Unless notice has been waived, notice of a proceeding for adoption of a minor shall be served, within 30 days after a petition for adoption is filed, upon: (1) a person whose consent to the adoption is required under section 2-401 of this title, but…

§ 3-402. Content of notice A notice required by section 3-401 of this title shall use initials for the name of a petitioner or any person named in the petition for adoption who has not waived confidentiality and shall contain: (1) the caption of the petition; (2) the address and …

§ 3-403. Manner and effect of service (a) Service of the notice required by section 3-401 of this title shall be made in a manner appropriate under the Vermont Rules of Probate Procedure unless the court otherwise directs; provided however, a parent or alleged parent who has not …

§ 3-404. Investigation and notice to unknown father (a) It is important to the adoptee to have nonidentifying information, including health history, about his or her biological father, and for identifying information about him to be available upon the adoptee’s majority. It is th…

§ 3-405. Waiver of notice (a) A person entitled to receive notice required under this part may waive the notice before the court or in a consent, relinquishment, or other written document signed by the person or on behalf of the person. (b) Except as provided in subsection (c) of…

§ 3-406. Filing proof of service Proof of service of notice on each person entitled to receive notice under this part, or a certified copy of each waiver of notice, shall be on file with the court before the hearing on the adoption begins. (Added 1995, No. 161 (Adj. Sess.), § 1.)…

§ 3-501. Authorization A petition to terminate the relationship between a parent or an alleged parent and a minor child may be filed in a proceeding for adoption under this title by: (1) a parent or a guardian who has selected a prospective adoptive parent for a minor and who int…

§ 3-502. Time and content of petition (a) A petition under this part may be filed at any time before entry of a decree of adoption. (b) The petition shall be signed and verified by the petitioner, filed with the court, and state: (1) the name and address of the petitioner; (2) th…

§ 3-503. Service of petition and notice (a) A petition to terminate under this part and a notice of hearing on the petition shall be served upon the respondent in the manner prescribed in section 3-403 of this title. (b) The notice of a hearing shall inform the respondent of the …

§ 3-504. Grounds for terminating relationship of parent and child (a) If a respondent answers or appears at the hearing and asserts parental rights, the court shall proceed with the hearing expeditiously. If the court finds, upon clear and convincing evidence, that any one of the…

§ 3-505. Effect of order granting petition (a) An order issued under this part granting the petition: (1) terminates the relationship of parent and child between the respondent and the minor; (2) extinguishes any right the respondent had to withhold consent to a proposed adoption…

§ 3-506. Effect of order denying petition (a) If the court fails to find a ground stated in section 3-504 of this title for terminating a relationship of parent and child, the court shall deny the petition to terminate and enter an order as follows: (1) if the parent who was not …

§ 3-601. Evaluation during proceeding for adoption (a) Not later than five business days after a complete petition for adoption of a minor is filed, the court shall order that an evaluation be made by: (1) a qualified employee of the agency that placed the minor for adoption; or …

§ 3-602. Content of post placement evaluation (a) An evaluation shall be based on a personal interview with the petitioner in the petitioner’s residence and observation of the relationship between the minor adoptee and the petitioner. (b) An evaluation shall be in writing and con…

§ 3-603. Time and filing of evaluation (a) The evaluator shall complete a written evaluation and file it with the court within 60 days after receipt of the court’s order for an evaluation, unless the court for good cause allows a later filing. (b) If an evaluation produces a conc…

§ 3-701. Time for hearing on petition The hearing on the petition shall take place no sooner than 180 days after the minor has been placed in the home of the adopting parent. For good cause, the court may shorten the time for the hearing. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 3-702. Disclosure of fees and charges At least ten days before the hearing: (1) the petitioner shall file with the court a signed and verified accounting of any payment or disbursement of money or anything of value made or agreed to be made by or on behalf of the petitioner in …

§ 3-703. Granting petition for adoption (a) The court shall grant a petition for adoption if it determines by a preponderance of the evidence that the adoption will be in the best interests of the minor, and that: (1) the adoptee has been in the physical custody of the petitioner…

§ 3-704. Denial of petition for adoption If a court denies a petition for adoption, it shall dismiss the proceeding and issue an appropriate order for the legal and physical custody of the minor. If the reason for the denial is that a consent or relinquishment is revoked or set a…

§ 3-705. Decree of adoption (a) A decree of adoption shall state or contain: (1) the original name of the minor adoptee, if the adoption is by a stepparent or relative and, in all other adoptions, the original name or initials; (2) the name of the petitioner for adoption; (3) whe…

§ 3-706. Applicability of rules of probate procedure; expeditious hearing of appeals; motion for relief from decree or order; no stay on appeal (a) The Vermont Rules of Probate Procedure shall apply to all proceedings under this title, unless a different procedure is specifically…

§ 3-707. Finality of decree Consistent with the best interests of an adoptee, a decree of adoption is a final order for purposes of appeal when it is entered. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 3-801. Report of adoption to State Registrar of Vital Records (a) Within 30 days after a decree of adoption becomes final, the clerk of the court shall prepare, send, and certify to the State Registrar of Vital Records a report of adoption on a form prescribed by the State Regi…

§ 3-802. Issuance of new, amended birth certificate (a) Except as otherwise provided in subsection (d) of this section, upon receipt of a report of adoption prepared pursuant to subsection 3-801(a) of this title, a report of adoption prepared in accordance with the law of another…