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Vermont's Adoption Laws

Adoption Records

Vermont

Statute: tit.33 §§ 4916(c)-(f); 4919(a)

Records Confidential: Yes

Persons with access to records

CPS/State Agencies

• Agencies From Other States

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Reporters of Abuse

• Employers

• Parents/Guardians

• Review Teams

• Subject of Reports

Persons without access to records

Courts/Judges

• Grand Juries

• Law Enforcement

• Physicians

• Researchers

• Coroners

• Treatment Providers

• Public/Any Person

Other Supervisors of staff at child-caring facilities

Gavel Icon  Decision-Making for the Permanent Placement of Children

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

  • Within 12 months of the child's placement in care; at least every 12 months thereafter
  • Within 30 days after a finding that reasonable efforts to reunify are not required
Persons Entitled to Attend Hearings
Citation: § 40-11.12.1
  • All parties
  • The foster parents
  • Any preadoptive parent or relative providing care for the child
Determinations Made at Hearings
Citation: § 40-11.12.1
  • The appropriateness of the service plan
  • What services have been offered
  • Any further efforts that will promote the best interests of the child
Permanency Options
Citation: § 40-11.12.2
  • Return to the parent
  • Adoption
  • Legal guardianship
  • Placement with a fit and willing relative
  • Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.


Consent to Adoption

The consent may be signed 36 hours following the birth.

Pre-consents are not allowed in the state of Vermont.

Revocation Time Frame in Vermont

The consent may be revoked up to 21 days following signing.


Parties to an Adoption

Vermont

Who May Adopt

Statute: Tit. 15A, § 1-102

Any person

A parent's partner

Who May Be Adopted

Statute: Tit. 15A, § 1-102

Any person

Who May Place a Child for Adoption

Statute: Tit. 15A, § 2-101

The parent having legal custody

A guardian

An agency to which the child has been relinquished

Gavel Icon  Decision-Making for the Permanent Placement of Children

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

  • Within 12 months of the child's placement in care; at least every 12 months thereafter
  • Within 30 days after a finding that reasonable efforts to reunify are not required
Persons Entitled to Attend Hearings
Citation: § 40-11.12.1
  • All parties
  • The foster parents
  • Any preadoptive parent or relative providing care for the child
Determinations Made at Hearings
Citation: § 40-11.12.1
  • The appropriateness of the service plan
  • What services have been offered
  • Any further efforts that will promote the best interests of the child
Permanency Options
Citation: § 40-11.12.2
  • Return to the parent
  • Adoption
  • Legal guardianship
  • Placement with a fit and willing relative
  • Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.


Birth Father Statutes

No information currently available.


Adoption Expenses

Vermont

Birth Parent Expenses Allowed Statute: Tit. 15A, § 7-103(a)

  1. • Medical, hospital, pharmaceutical, nursing, or other similar costs
  2. • Counseling services for a reasonable time before and after the child's placement
  3. • Living expenses for the birth mother for a reasonable time
  4. • Legal fees, court costs, and other administrative expenses
  5. • Transportation for services provided
  6. • Any other service or expense the court finds reasonable and necessary

Birth Parent Expenses Not Allowed Statute: Tit. 15A, § 7-103(a)(4) 

Payments for living expenses may continue for no more than 6 weeks after the child's birth.

Allowable Payments for Arranging Adoption Statute: Tit. 15-A, § 7-105

 A person may not offer or receive payment for:

  1. • The placement of a child
  2. • A consent to adoption
  3. • The recruitment of nonresident pregnant women for the purpose of relinquishing their children

Allowable Payments for Relinquishing Child Statute: Tit. 15A, § 7-103(b)-(c)

  1. • Payment may not be made contingent on relinquishing the child or giving consent to the adoption.
  2. • No payment may be made directly to the parent without prior court approval.

Allowable Fees Charged by Department/Agency Statute: Tit. 15-A, § 7-104 

An agency may accept fees for:

  1. • Medical and living expenses for the birth parent
  2. • Locating and providing counseling services
  3. • Legal services or court costs
  4. • Preparation of evaluations
  5. • Transportation services
  6. • Any other service or expense the court finds reasonable and necessary

Accounting of Expenses Required by Court Statute: Tit. 15-A, § 3-702 

At least 10 days before the hearing:

  1. • The petitioners shall file accounting of any payment or disbursement made or agreed to be made.
  2. • The attorney for the petitioners shall file an affidavit itemizing any fees accepted for adoption-related services.
  3. • If an agency or guardian placed the child for adoption, the agency or guardian shall file an affidavit itemizing all fees and expenses paid.
Gavel Icon  Decision-Making for the Permanent Placement of Children

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

  • Within 12 months of the child's placement in care; at least every 12 months thereafter
  • Within 30 days after a finding that reasonable efforts to reunify are not required
Persons Entitled to Attend Hearings
Citation: § 40-11.12.1
  • All parties
  • The foster parents
  • Any preadoptive parent or relative providing care for the child
Determinations Made at Hearings
Citation: § 40-11.12.1
  • The appropriateness of the service plan
  • What services have been offered
  • Any further efforts that will promote the best interests of the child
Permanency Options
Citation: § 40-11.12.2
  • Return to the parent
  • Adoption
  • Legal guardianship
  • Placement with a fit and willing relative
  • Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.


International Expenses

No information currently available.


General Adoption Statutes

Vermont

Agency or Person Gathering Information or Preparing Report Statute: Tit. 15A, § 2-105

  1. • Agency placing the minor for adoption
  2. • Parent

Contents of Report About Person to be Adopted Statute: Tit. 15A, § 2-105

  1. • Social and health history
  2. • Date, time, place of birth
  3. • First and middle name
  4. • Current health history
  5. • Immunizations and health care received
  6. • Any known abuse
  7. • School performance and special education needs
  8. • Any past or existing relationships
  9. • Any information necessary for determining eligibility for State or Federal benefits

Contents of Report About Birth Parents Statute: Tit. 15A, § 2-105

  1. • Social and health history
  2. • Genetic history; any known hereditary condition
  3. • Use of drugs or alcohol
  4. • Racial, ethnic, and religious background
  5. • General physical description
  6. • Levels and types of education
  7. • Vocational, athletic, artistic, or scientific interests or achievements
  8. • Date of birth and sex of any other children and whether they have been placed out of home
  9. • Facts and circumstances related to the relinquishment of child

Contents of Report About Adoptive Parents Statute: Tit. 15A, § 2-203

  1. Age, date of birth
  2. • Nationality, race, or ethnic background
  3. • Religious affiliation
  4. • Marital status
  5. • Family history
  6. • Parenting experience
  7. • Physical and mental health
  8. • History of drug or alcohol abuse
  9. • Educational and employment history and special skills
  10. • Property, income, and debt
  11. • Whether there has been any abuse prevention orders
  12. • Any criminal convictions (other than minor traffic violations)
  13. • Reasons for, and attitude about adoption
Gavel Icon  Decision-Making for the Permanent Placement of Children

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

  • Within 12 months of the child's placement in care; at least every 12 months thereafter
  • Within 30 days after a finding that reasonable efforts to reunify are not required
Persons Entitled to Attend Hearings
Citation: § 40-11.12.1
  • All parties
  • The foster parents
  • Any preadoptive parent or relative providing care for the child
Determinations Made at Hearings
Citation: § 40-11.12.1
  • The appropriateness of the service plan
  • What services have been offered
  • Any further efforts that will promote the best interests of the child
Permanency Options
Citation: § 40-11.12.2
  • Return to the parent
  • Adoption
  • Legal guardianship
  • Placement with a fit and willing relative
  • Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.


If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.


DISCLAIMER

American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

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