Title 15C, Title 15C: Parentage Proceedings

§ 615. Authority to deny requested order for genetic testing or admission of test results (a) Grounds for denial. In a proceeding to adjudicate parentage, the court may deny a motion seeking an order for genetic testing or deny admissibility of the test results at trial if it det…

§ 616. Precluding establishment of parentage by perpetrator of sexual assault (a) In a proceeding in which a person is alleged to have committed a sexual assault that resulted in the birth of a child, the person giving birth may seek to preclude the establishment of the other per…

§ 701. Scope This chapter does not apply to the birth of a child conceived by sexual intercourse or assisted reproduction under a surrogacy agreement under chapter 8 of this title. (Added 2017, No. 162 (Adj. Sess.), § 1.)

§ 702. Parental status of donor (a) A donor is not a parent of a child conceived through assisted reproduction. (b) Notwithstanding subsection (a) of this section: (1) a person who provides a gamete or gametes or an embryo or embryos to be used for assisted reproduction for the p…

§ 703. Parentage of child of assisted reproduction A person who consents under section 704 of this title to assisted reproduction by another person with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child. (Added 2017, No. 162 (Adj…

§ 704. Consent to assisted reproduction (a) A person who intends to be a parent of a child born through assisted reproduction shall consent to the use of assisted reproduction to conceive a child with the intent to parent the child: (1) in a record, signed before, on, or after th…

§ 705. Limitation on spouse’s dispute of parentage (a) Except as otherwise provided in subsection (b) of this section, a spouse may commence a proceeding to challenge the spouse’s parentage of a child born by assisted reproduction during the marriage within two years after the bi…

§ 706. Effect of dissolution of marriage or withdrawal of consent (a)(1) If a marriage is dissolved before transfer or implantation of gametes or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a signed record with notice to…

§ 707. Parental status of deceased person (a) If a person who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the person’s death does not preclude the establishment …

§ 708. Birth and parentage orders (a) A party consenting to assisted reproduction, a person who is a parent pursuant to sections 702–704 of this title, an intended parent or parents, or the person giving birth may commence a proceeding in the Probate Division of the Superior Cour…

§ 709. Laboratory error If due to a laboratory error the child is not genetically related to either of the intended parents, the intended parents are the parents of the child unless otherwise determined by the court. (Added 2017, No. 162 (Adj. Sess.), § 1.)

§ 801. Eligibility to enter gestational carrier agreement (a) In order to execute an agreement to act as a gestational carrier, a person shall: (1) be at least 21 years of age; (2) have completed a medical evaluation that includes a mental health consultation; (3) have had indepe…

§ 802. Gestational carrier agreement (a) Written agreement. A prospective gestational carrier, that person’s spouse, and the intended parent or parents may enter into a written agreement that: (1) the prospective gestational carrier agrees to pregnancy by means of assisted reprod…

§ 803. Parentage; parental rights and responsibilities (a)(1) If a gestational carrier agreement satisfies the requirements of this chapter, the intended parent or parents are the parent or parents of the resulting child immediately upon the birth of the child, and the resulting …

§ 804. Birth and parentage orders (a) Before or after the birth of a resulting child, a party to a gestational carrier agreement may commence a proceeding in the Probate Division of the Superior Court to obtain an order and judgment of parentage doing any of the following: (1) De…

§ 805. Exclusive, continuing jurisdiction Subject to the jurisdictional standards of 15 V.S.A. § 1071, the court conducting a proceeding under this chapter has exclusive, continuing jurisdiction of all matters arising out of the gestational carrier agreement until a child born to…

§ 806. Termination of gestational carrier agreement (a) A party to a gestational carrier agreement may withdraw consent to any medical procedure and may terminate the gestational carrier agreement at any time prior to any embryo transfer or implantation by giving written notice o…

§ 807. Gestational carrier agreement; effect of subsequent change of marital status Unless a gestational carrier agreement expressly provides otherwise: (1) the marriage of a gestational carrier or of an intended parent after the agreement has been signed by all parties does not …

§ 808. Effect of noncompliance; standard of review; remedies (a) Not enforceable. Not enforceable. A gestational carrier agreement that does not substantially meet the requirements of this chapter is not enforceable. (b) Standard of review. In the event of noncompliance with the …

§ 809. Liability for payment of gestational carrier health care costs (a) The intended parent or parents are liable for the health care costs of the gestational carrier that are not paid by insurance. As used in this section, “health care costs” means the expenses of all health c…