Child Adoption Laws
Vermont

We hope to help you learn more about the state's child adoption laws. The information provided below may not be the entire adoption law and, since laws are changed, the information may have errors, omissions, or may not be the most current. Please remember that this information should not be used as the basis for making any legal decision. Please use appropriate resources and an attorney's advice when making legal decisions.

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Adopting Families in Vermont

(Part 1)       (Part 2)

(6) a grandparent of a minor adoptee if the grandparent's child is a deceased parent of the minor and, before death, the deceased parent had not executed a consent or relinquishment or the deceased parent's parental relationship to the minor had not been terminated.

(b) The court shall require notice of a proceeding for adoption of a minor to be served upon any person the court finds, at any time during the proceeding, is:

(1) a person described in subsection (a) of this section who has not been given notice;

(2) a person who has revoked a consent or relinquishment pursuant to subsection 2-408(a) or 2-409(a) of this title or is attempting to have a consent or relinquishment set aside pursuant to subsection 2-408(b) or 2-409(b) of this title; or

(3) a person who, on the basis of a previous relationship with the minor adoptee, a parent, an alleged parent, or the petitioner, can provide information that is relevant to the proposed adoption and that the court in its discretion wants to hear.

(c) If, at any time in the proceeding, it appears to the court that there is an alleged father of the adoptee who has not been given notice, the court shall require notice of the proceeding to be given to him.

(d) The court shall send a duplicate copy of the petition to the department. The department shall determine whether or not the petitioners have been the subject of a substantiated complaint filed with the department, and shall report its findings to the court within 14 days of receiving the petition. If a substantiated complaint has been filed with the department, the department shall include a copy of the investigative report that relates to the complaint with the findings it files with the court. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 telephone number of the court where the petition is pending;

(3) a concise summary of the relief requested in the petition;

(4) the name, mailing address, and telephone number of the petitioner's attorney;

(5) a statement that the person served with the notice shall file a written appearance in the adoption proceeding within 20 days after service in order to participate in the proceeding and to receive further notice of the proceeding, including notice of the time and place of any hearing. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 consented to the adoption or whose parental rights have not been terminated shall be personally served in accordance with the Vermont Rules of Civil Procedure.

(b) Except as otherwise provided in subsection (c) of this section, a person who fails, without good cause, to respond to the notice within 20 days after its service may not appear in or receive further notice of the proceeding for adoption.

(c) If a person is a respondent in a petition to terminate the relationship of parent and child and the petition is served upon the respondent with the notice required by section 3-401, the respondent may not appear in or receive further notice of the proceeding for adoption or for termination unless the respondent responds to the notice as required by section 3-503 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 the policy of this title to make every reasonable effort to identify and notify the biological father of the adoptee. Inquiries as to the identity of the biological father shall be conducted in a way that preserves the dignity and legal rights of the woman who gave birth to the adoptee.

(b) If at any time in the proceeding it appears to the court that an unknown father who is entitled to notice may not have been given notice, the court shall determine whether he can be identified. The determination shall be based on evidence that includes inquiry of appropriate persons in an effort to identify him for the purpose of providing notice.

(c) If inquiry pursuant to subsection (b) of this section identifies any man who is entitled to notice under section 3-401 of this title, the court shall require notice of the proceeding to be given to him pursuant to section 3-403 of this title.

(d) If, in an inquiry pursuant to this section, the woman who gave birth to the minor adoptee fails to disclose the identity of a possible father or reveal his whereabouts, she shall be advised that the proceeding for adoption may be delayed or subject to challenge if a possible father is not given notice of the proceeding and that the lack of information about the father's medical and genetic history will be detrimental to the adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 this section, a person who has waived the requisite notice is not required to appear in the adoption proceeding.

(c) A parent who has executed a consent or relinquishment containing a waiver of notice may appear in the adoption proceeding for the limited purpose of moving to set aside the consent or relinquishment on the ground that it was obtained by fraud or coercion or for purposes as the court may permit as necessary to determine whether or not to grant the petition. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 intends to place, or has placed, the minor with that person;

(2) a parent whose spouse has filed a petition under Article 4 of this title to adopt the parent's minor child;

(3) a prospective adoptive parent of the minor who has filed a petition to adopt under this article or Article 4; or

(4) an agency that has selected a prospective adoptive parent for the minor and intends to place, or has placed, the minor with that person. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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) the name of the minor;

(3) the name and last known address of the parent or alleged parent whose parental relationship the petitioner seeks to terminate;

(4) the facts and circumstances forming the basis for the petition and the grounds on which termination of a parental relationship is sought;

(5) if the petitioner is a prospective adoptive parent, that the petitioner intends to proceed with the petition to adopt the minor if the petition to terminate is granted; and

(6) if the petitioner is a parent, a guardian, or an agency, that the petitioner has placed or intends to place the minor for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 method for responding and that:

(1) the respondent has a right to be represented by an attorney, and may be entitled to have an attorney appointed by the court; and

(2) if the respondent fails to respond within 20 days after service and, in the case of an alleged father, fails to file a claim of paternity within 20 days after service unless a claim of paternity is pending, the respondent may not appear in or receive further notice of the proceeding for adoption or termination and that the failure to respond will result in termination of the relationship of parent and child between the respondent and the minor unless the proceeding for adoption is dismissed. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 following grounds exists and that termination is in the best interest of the minor, the court shall order the termination of any parental relationship of the respondent to the minor:

(1) In the case of a minor under the age of six months at the time the petition is filed, the respondent did not exercise parental responsibility once he or she knew or should have known of the minor's birth or expected birth. In making a determination under this subdivision, the court shall consider all relevant factors, which may include the respondent's failure to:

(A) pay reasonable prenatal, natal, and postnatal expenses in accordance with his or her financial means;

(B) make reasonable and consistent payments, in accordance with his or her financial means, for the support of the minor;

(C) regularly communicate or visit with the minor; or

(D) manifest an ability and willingness to assume legal and physical custody of the minor.

(2) In the case of a minor over the age of six months at the time the petition is filed, the respondent did not exercise parental responsibility for a period of at least six months immediately preceding the filing of the petition. In making a determination under this subdivision, the court shall consider all relevant factors, which may include the respondent's failure to:

(A) make reasonable and consistent payments, in accordance with his or her financial means, for the support of the minor, although legally obligated to do so;

(B) regularly communicate or visit with the minor; or

(C) during any time the minor was not in the physical custody of the other parent, to manifest an ability and willingness to assume legal and physical custody of the minor.

(3) The respondent has been convicted of a crime of violence or has been found by a court of competent jurisdiction to have committed an act of violence which violated a restraining or protective order, and the facts of the crime or violation indicate that the respondent is unfit to maintain a relationship of parent and child with the minor.

(b) If the respondent has proved by a preponderance of the evidence that he or she had good cause for not complying with subdivision (a)(1) or (2) of this section or that, for compelling reasons, termination is not justified under subdivision (a)(3) of this section, the court may not terminate the respondent's parental rights to a minor except upon a finding by clear and convincing evidence that any one of the following grounds exists and that termination is in the best interest of the minor:

(1) Once the respondent no longer had good cause for not complying with the requirements of subdivisions (a)(1) or (2), he or she failed to assume parental responsibilities as promptly and fully as circumstances permitted.

(2) The respondent, after being afforded a reasonable opportunity to do so, would not have the ability and disposition to:

(A) provide the child with love, affection and guidance;

(B) meet the child's present and future physical and emotional needs; or

(C) provide the child with adequate food, clothing, medical care, other material needs, education, and a safe environment.

(3) At the time of the hearing the respondent has a relationship with another person who would significantly and adversely affect the child.

(4) Placing the minor in the respondent's legal or physical custody would pose a risk of substantial harm to the physical or psychological well-being of the minor because the circumstances of the minor's conception, or the respondent's behavior during the pregnancy or since the minor's birth indicates that he or she is unfit to maintain a relationship of parent and child with the minor.

(c) At the time of the hearing under this section the court shall consider the best interests of the child in accordance with the following criteria:

(1) the likelihood that the respondent will be able to assume or resume his or her parental duties within a reasonable period of time;

(2) the child's adjustment to his or her home, school, and community;

(3) the interaction and interrelationship of the child with his or her parents, siblings, and any other person who may significantly affect the child's best interests; and

(4) whether the parent or alleged parent has played and continues to play a constructive role, including personal contact and demonstrated love and affection, in the child's welfare.

(d) If the respondent does not answer or appear or, in the case of an alleged father, file a claim of paternity as provided in subdivision 3-503(b)(2) of this title, or cannot be notified because the person's identity or whereabouts is unknown, the court may order the termination of any parental relationship to the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 of the minor or to further notice of a proceeding for adoption; and

(3) is a final order for purposes of appeal.

(b) An order issued under this part granting the petition shall not terminate an obligation for arrearages of child support. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 the subject of the petition executed a consent or relinquishment contingent upon termination of the other parent's relationship of parent and child, the court shall set aside the consent or relinquishment, and make an order determining the temporary physical custody of the child pursuant to sections 2-408 and 2-409 of this title; or

(2) if the parent's consent or relinquishment was not contingent, shall terminate the adoption proceeding and grant legal and physical custody of the minor to the parent who was the subject of the petition, unless the court finds by clear and convincing evidence that the prospective adoptive parent has been the primary care provider of the child for such a period of time that the harm to the child occasioned by a change in custody would likely be greater than the harm occasioned by not being parented by the parent who was the subject of the petition. In making this determination, it shall be a rebuttable presumption that it is in the best interest of the minor to be parented by the parent. Under such circumstances and notwithstanding any other provision of law, the court may make a visitation order as provided in section 4-112 of this title.

(b) An order issued under this part denying a petition to terminate a relationship of parent and child is a final order for purposes of appeal. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 3-601. Evaluation during proceeding for adoption

(a) Not later than five 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

(2) in a direct placement adoption, the person who made the placement evaluation or another person qualified under section 2-202 of this title.

(b) The court shall provide the evaluator with a copy of the petition for adoption and copies of relevant items filed with the petition. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 contain:

(1) an account of any change in the petitioner's marital status or family history, physical or mental health, home environment, property, income, or financial obligations since the filing of the preplacement evaluation;

(2) all reasonably available information concerning the physical, mental, and emotional condition of the minor adoptee which is not included in any report on the minor's health, genetic, and social history filed in the proceeding for adoption;

(3) copies of any court order, judgment, decree, or pending legal proceeding affecting the minor adoptee, the petitioner, or any child of the petitioner;

(4) any behavior or characteristics of the petitioner which raise a concern, as described in subsection 2-204(a) of this title; and

(5) a recommendation concerning the granting of the petition for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 concern, as described in subsection 2-204(a) of this title, the evaluation shall be filed immediately, and shall explain why the concern poses a risk of harm to the physical or psychological well-being of the minor.

(c) An evaluator shall give the petitioner a copy of an evaluation when filed with the court and for two years shall retain a copy and a list of every source for each item of information in the evaluation.

(d) A person who prepares an evaluation may charge a reasonable fee based on the time spent in conducting and writing the evaluation.

(e) An evaluation fee is subject to review by the court. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 connection with the adoption, or pursuant to Article 7 of this title. The accounting shall include the date and amount of each payment or disbursement made, the name and address of each recipient, and the purpose of each payment or disbursement;

(2) the attorney for a petitioner, parent or guardian shall file with the court an affidavit itemizing any fee, compensation, or other thing of value received by, or agreed to be paid to, the attorney incidental to the placement and adoption of the minor; and

(3) if an agency or guardian placed the minor for adoption, the agency or guardian shall file with the court an affidavit itemizing any fee, compensation, or other thing of value received by the agency for, or incidental to, the placement and adoption of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 interest of the minor, and that:

(1) the adoptee has been in the physical custody of the petitioner for at least 180 days unless the court for good cause shown waives this requirement;

(2) notice of the proceeding for adoption has been served or dispensed with as to any person entitled to receive notice under Part 4 of this article;

(3) every necessary consent, relinquishment, waiver, disclaimer of paternal interest, judicial order terminating parental rights, including an order issued under Part 5 of this article, or other document has been obtained and filed with the court;

(4) any evaluation required by this title has been filed with and considered by the court;

(5) the petitioner is a suitable adoptive parent for the minor;

(6) if applicable, any requirement of this title governing an interstate or intercountry placement for adoption has been met;

(7) the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq., is not applicable to the proceeding or, if applicable, its requirements have been met;

(8) an accounting and affidavit required by section 3-702 of this title has been reviewed by the court, and the court has denied, modified, or ordered reimbursement of any payment or disbursement that is not authorized by Article 7 of this title or is unreasonable or unnecessary when compared with the expenses customarily incurred in connection with an adoption; and

(9) the petitioner has received each report required by section 2-105 of this title.

(b) Notwithstanding a finding by the court that an activity prohibited by this title has occurred, if the court makes the determinations required by subsection (a) of this section, the court shall grant the petition for adoption and report the violation to the appropriate authorities or take other appropriate action.

(c) Except as otherwise provided in Article 4 of this title, the court shall inform the petitioner and any other person affected by an existing order for visitation or communication with the minor adoptee that the decree of adoption terminates any existing order for visitation or communication. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 aside pursuant to sections 2-408 or 2-409 of this title, the court shall determine the minor's custody according to the criteria stated in those sections. If the petition for adoption is denied for any other reason, the court shall determine the minor's custody according to the best interest of the minor. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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) whether the petitioner is married or unmarried;

(4) whether the petitioner is a stepparent of the adoptee;

(5) the name by which the adoptee is to be known and when the name takes effect;

(6) information to be incorporated into a new birth certificate to be issued by the supervisor of vital records, unless the petitioner or an adoptee who has attained 14 years of age requests that a new certificate not be issued;

(7) the adoptee's date, time and place of birth, if known, or in the case of an adoptee born outside the United States, as determined pursuant to subsection (b) of this section;

(8) the effect of the decree of adoption as stated in sections 1-104 through 1-106 of this title; and

(9) that the adoption is in the best interest of the adoptee.

(b) In determining the date and place of birth of an adoptee born outside the United States, the court shall:

(1) enter the date and place of birth as stated in the birth certificate from the country of origin, the United States Department of State's report of birth abroad, or the documents of the United States Immigration and Naturalization Service;

(2) if the exact place of birth is unknown, enter the information that is known and designate a place of birth according to the best information known with respect to the country of origin;

(3) if the exact date of birth is unknown, determine a date of birth based upon medical evidence as to the probable age of the adoptee and other evidence the court considers appropriate; and

(4) if documents described in subdivision (1) of this subsection are not available, determine the date and place of birth based upon evidence the court finds appropriate to consider.

(c) Except for a decree of adoption of a minor by a stepparent which is issued pursuant to Article 4 of this title, a decree of adoption of a minor shall contain a statement that any order or agreement for visitation or communication with the minor that was in effect before the decree is issued shall be unenforceable.

(d) A decree that substantially complies with the requirements of this section is not subject to challenge solely because one or more items required by this section are not contained in the decree. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 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 prescribed in this title.

(b) An appeal from a decree of adoption or other appealable order issued under this title shall be heard expeditiously.

(c) Notwithstanding the one-year limitation for filing a motion provided for in Rule 60(b) of the Vermont Rules of Probate Procedure, a motion for relief from a decree of adoption or order under Rule 60(b)(1), (2) and (3) may be filed not more than six months after the decree or order was entered.

(d) Notwithstanding Rule 62 of the Vermont Rules of Probate Procedure, an appeal of a decree of adoption or order issued under this title does not operate as an automatic stay of the decree or order.

(e) The validity of a decree of adoption issued under this title may not be challenged for failure to comply with an agreement for visitation or communication with an adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 3-707. Finality of decree

Consistent with the best interest 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

(a) Within 30 days after a decree of adoption becomes final, the clerk of the court shall prepare a report of adoption on a form furnished by the supervisor of vital records and certify and send the report to the supervisor. The report shall include:

(1) information in the court's record of the proceeding for adoption which is necessary to locate and identify the adoptee's birth certificate or, in the case of an adoptee born outside the United States, evidence the court finds appropriate to consider as to the adoptee's date and place of birth;

(2) information necessary to issue a new birth certificate for the adoptee and a request that a new certificate be issued, unless the court, the adoptive parent, or an adoptee who has attained 14 years of age requests that a new certificate not be issued; and

(3) the file number of the decree of adoption and the date on which the decree became final.

(b) Within 30 days after a decree of adoption is amended or set aside, the clerk of the court shall prepare a report of that action on a form furnished by the supervisor of vital records and shall certify and send the report to the supervisor of vital records. The report shall include information necessary to identify the original report of adoption, and shall also include information necessary to amend or withdraw any new birth certificate that was issued pursuant to the original report of adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 3-802. Issuance of new birth certificate

(a) Except as otherwise provided in subsection (d) of this section, upon receipt of a report of adoption prepared pursuant to section 3-801 of this title, a report of adoption prepared in accordance with the law of another state or country, a certified copy of a decree of adoption together with information necessary to identify the adoptee's original birth certificate and to issue a new certificate, or a report of an amended adoption, the supervisor of vital records shall:

(1) issue a new birth certificate for an adoptee born in this state and furnish a certified copy of the new certificate to the adoptive parent and to an adoptee who has attained 14 years of age;

(2) forward a certified copy of a report of adoption for an adoptee born in another state to the supervisor of vital records of the state of birth;

(3) issue a certificate of foreign birth for an adoptee adopted in this state and who was born outside the United States and was not a citizen of the United States at the time of birth, and furnish a certified copy of the certificate to the adoptive parent and to an adoptee who has attained 14 years of age;

(4) notify an adoptive parent of the procedure for obtaining a revised birth certificate through the United States Department of State for an adoptee born outside the United States who was a citizen of the United States at the time of birth; or

(5) in the case of an amended decree of adoption, issue an amended birth certificate according to the procedure in subdivision (a)(1) or (3) of this section or follow the procedure in subdivision (2) or (4) of this section.

(b) Unless otherwise specified by the court, a new birth certificate issued pursuant to subdivision (a)(1) or (3) or an amended certificate issued pursuant to subdivision (a)(5) of this section shall:

(1) be signed by the supervisor of vital records;

(2) include the date, time and place of birth of the adoptee;

(3) substitute the name of the adoptive parent for the name of the person listed as the adoptee's parent on the original birth certificate;

(4) include the filing date of the original birth certificate and the filing date of the new birth certificate;

(5) contain any other information prescribed by the supervisor of vital records.

(c) The supervisor of vital records, and any other custodian of such records, shall substitute the new or amended birth certificate for the original birth certificate. The original certificate and all copies of the certificate in the files shall be sealed and shall not be subject to inspection until 99 years after the adoptee's date of birth, except as provided by this title.

(d) If the court, the adoptive parent, or an adoptee who has attained 14 years of age requests that a new or amended birth certificate not be issued, the supervisor of vital records may not issue a new or amended certificate for an adoptee pursuant to subsection (a) of this section, but shall forward a certified copy of the report of adoption or of an amended decree of adoption for an adoptee who was born in another state to the appropriate office in the adoptee's state of birth.

(e) Upon receipt of a report that an adoption has been vacated, the supervisor of vital records shall:

(1) restore the original birth certificate for a person born in this state to its place in the files, seal any new or amended birth certificate issued pursuant to subsection (a) of this section, and not allow inspection of a sealed certificate except upon court order or as otherwise provided in this title;

(2) forward the report with respect to a person born in another state to the appropriate office in the state of birth; or

(3) notify the person who is granted legal custody of a former adoptee after an adoption is vacated of the procedure for obtaining an original birth certificate through the United States Department of State for a former adoptee born outside the United States who was a citizen of the United States at the time of birth.

(f) Upon request by a person who was listed as a parent on an adoptee's original birth certificate and who furnishes appropriate proof of the person's identity, the supervisor of vital records shall give the person a noncertified copy of the original birth certificate. (Added 1995, No. 161 (Adj. Sess.), § 1.)

Article 4: ADOPTION OF MINOR STEPCHILD BY STEPPARENT

§ 4-101. Standing to adopt minor stepchild

(a) A stepparent has standing under this article to petition to adopt a minor stepchild who is the child of the stepparent's spouse if:

(1) the spouse has sole legal and physical custody of the child and the child has been in the physical custody of the spouse and the stepparent during the six months prior to the filing of a petition for adoption;

(2) the spouse has joint legal custody of the child with the child's other parent and the child has resided primarily with the spouse and the stepparent during the 12 months next preceding the filing of the petition;

(3) the spouse is deceased or mentally incompetent, but before dying or being judicially declared mentally incompetent, had legal and physical custody of the child, and the child has resided primarily with the stepparent during the 12 months prior to the filing of the petition; or

(4) an agency placed the child with the stepparent pursuant to section 2-103 of this title.

(b) For good cause shown, a court may allow a person who does not meet the requirements of subdivisions (a)(1) through (4) of this section, but has the consent of the custodial parent of a minor to file a petition for adoption under this article. A petition allowed under this subsection shall be treated as if the petitioner were a stepparent.

(c) A petition for adoption by a stepparent may be joined with a petition under Article 3, Part 5 of this title, to terminate the relationship of parent and child between a minor adoptee and the adoptee's parent who is not the stepparent's spouse. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 4-102. Legal consequences of adoption of stepchild

(a) Except as otherwise provided in subsections (b) and (c) of this section, the legal consequences of an adoption of a stepchild by a stepparent are the same as under sections 1-103 through 1-106 of this title.

(b) An adoption by a stepparent does not affect:

(1) the legal relationship between the adoptee and the adoptee's parent who is the adoptive stepparent's spouse or deceased spouse;

(2) the right of the adoptee or a descendant of the adoptee to inheritance or intestate succession through or from the adoptee's former parent; or

(3) an existing court order for visitation or communication with a minor adoptee by a person related to the adoptee through the parent who is the adoptive stepparent's spouse or deceased spouse; or

(4) a court order or agreement for visitation or communication with a minor adoptee approved by the court pursuant to section 4-112 of this title.

(c) Failure to comply with an agreement or order for visitation or communication is not a ground for challenging the validity of an adoption by a stepparent. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 1997, No. 53, § 5, eff. June 26, 1997.)

§ 4-103. Consent to adoption

Unless consent is not required under section 2-402 of this title, a petition to adopt a minor stepchild may be granted only if consent to the adoption has been executed by a stepchild who has attained 14 years of age; and

(1) the minor's parents as described in subsection 2-401(a) of this title;

(2) the minor's guardian if expressly authorized by a court to consent to the minor's adoption; or

(3) an agency that placed the minor for adoption by the stepparent. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 4-104. Content of consent by stepparent's spouse

(a) A consent executed by a parent who is the stepparent's spouse shall be signed or confirmed in the presence of a person specified in section 2-405 of this title, or a person authorized to take acknowledgments.

(b) A consent under subsection (a) of this section shall be in writing, shall contain the required statements described in subdivisions 2-406(a)(1) through (3) of this title and shall state that:

(1) the parent executing the consent has legal and physical custody of the parent's minor child and voluntarily and unequivocally consents to the adoption of the minor by the stepparent;

(2) the adoption will not terminate the parental relationship between the parent executing the consent and the minor child;

(3) the right of the adoptee or a descendant of the adoptee to inheritance or intestate succession through or from the adoptee's former parent; and

(4) the parent executing the consent understands and agrees that the adoption will terminate the relationship of parent and child between the minor's other parent and the minor, and will terminate any existing court order for custody, visitation, or communication with the minor, but:

(A) the minor and any descendant of the minor will retain rights of inheritance from or through the minor's other parent;

(B) a court order for visitation or communication with the minor by the parent executing the consent or by a person related to the minor through that parent, or an agreement or order concerning another person which is approved by the court pursuant to section 4-112 of this title survives the decree of adoption, but failure to comply with the terms of the order or agreement is not a ground for revoking or setting aside the consent or the adoption; and

(C) the other parent remains liable for arrearages of child support, unless released from that obligation by the parent executing the consent, any guardian ad litem of the minor, and by a governmental entity providing public assistance to the minor.

(c) A consent may not waive further notice of the proceeding for adoption of the minor by the stepparent. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 4-105. Content of consent by minor's other parent

(a) A consent executed by a minor's parent who is not the stepparent's spouse shall be signed or confirmed in the presence of a person specified in section 2-405 of this title, or a person authorized to take acknowledgments.

(b) A consent under subsection (a) of this section shall be in writing, shall contain the required statements described in subdivisions 2-406(a)(1) through (3) and (d)(3) through (6) of this title, and shall state that:

(1) the parent executing the consent voluntarily and unequivocally consents to the adoption of the minor by the stepparent and the transfer to the stepparent's spouse and the adoptive stepparent of any right the parent executing the consent has to legal or physical custody of the minor;

(2) the parent executing the consent understands and agrees that the adoption will terminate his or her parental relationship to the minor and will terminate any existing court order for custody, visitation, or communication with the minor, but:

(A) the minor and any descendant of the minor will retain the rights of inheritance from or through the parent executing the consent;

(B) a court order for visitation or communication with the minor by the parent executing the consent or a person related to the minor through the minor's other parent, or an agreement or order concerning another person which is approved by the court pursuant to section 4-112 of this title survives the decree of adoption, but failure to comply with the terms of the order or agreement is not a ground for revoking or setting aside the consent or the adoption; and

(C) the parent executing the consent remains liable for arrearages of child support, unless released from that obligation by the other parent and any guardian ad litem of the minor and by a governmental entity providing public assistance to the minor; and

(3) the parent executing the consent has provided the adoptive stepparent with applicable information required by section 2-105 of this title.

(c) A consent under subsection (a) of this section may waive notice of the proceeding for adoption of the minor by the stepparent, unless the adoption is contested, appealed, or denied. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 4-106. Content of consent by other persons

(a) A consent executed by the guardian of a minor stepchild or by an agency shall be in writing and signed or confirmed in the presence of the court, or in a manner the court directs, and:

(1) shall state the circumstances under which the guardian or agency obtained the authority to consent to the adoption of the minor by a stepparent;

(2) shall contain the statements required by sections 4-104 and 4-105 of this title, except for any that can be made only by a parent of the minor; and

(3) may waive notice of the proceeding for adoption, unless the adoption is contested, appealed, or denied.

(b) A consent executed by a minor stepchild in a proceeding for adoption by a stepparent shall be signed or confirmed in the presence of the court or in a manner the court directs. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 4-107. Petition to adopt

A petition by a stepparent to adopt a minor stepchild shall be signed and verified by the petitioner and contain the following information or state why any of the information is not contained in the petition:

(1) the information required by subdivisions 3-304(a)(1), (3), (5), and (8) through (12) and subsection (b) of this title;

(2) the current marital status of the petitioner, including the date and place of marriage, the name and date and place of birth of the petitioner's spouse, and, if the spouse is deceased, the date, place, and cause of death and, if the spouse is incompetent, the date on which a court declared the spouse incompetent;

(3) the length of time the minor has been residing with the petitioner and the petitioner's spouse and, if the minor is not in the physical custody of the petitioner and the petitioner's spouse, the reason why they do not have custody and when they intend to obtain custody; and

(4) the length of time the petitioner's spouse or the petitioner has had legal custody of the minor and the circumstances under which legal custody was obtained. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 4-108. Required documents

(a) After a petition to adopt a minor stepchild is filed, the following shall be filed in the proceeding:

(1) any item required by subsection 3-305(a) of this title which the court determines is relevant to an adoption by a stepparent; and

(2) a copy of any agreement to waive arrearages of child support.

(b) If any of the items required by subsection (a) of this section is not available, the person responsible for furnishing the item shall file an affidavit explaining its absence. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 4-109. Notice of pendency of proceeding

Within 30 days after a petition to adopt a minor stepchild is filed, the court shall serve notice of the proceeding upon:

(1) the petitioner's spouse;

(2) any other person whose consent to the adoption is required under this article;

(3) any person described in subdivisions 3-401(a)(3), (4), and (6) and subsection 3-401(b) of this title; and

(4) the parents of the minor's parent whose parental relationship will be terminated by the adoption unless the identity or the whereabouts of those parents are unknown. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 4-110. Evaluation of stepparent

(a) After a petition for adoption of a minor stepchild is filed, the court may order that an evaluation be made by a person qualified under section 2-202 of this title to assist the court in determining whether the proposed adoption is in the best interest of the minor.

(b) The court shall provide an evaluator with copies of the petition for adoption and of the items filed with the petition.

(c) Unless otherwise directed by the court, an evaluator shall base the evaluation on a personal interview with the petitioner and the petitioner's spouse in the petitioner's residence, observation of the relationship between the minor and the petitioner, a personal interview with others who know the petitioner and may have information relevant to the examination, and any information received pursuant to subsection (d) of this section.

(d) An evaluation under this section shall be in writing and contain the following:

(1) the information required by subsections 2-203(d) and (e) of this title; and

(2) the information required by subdivisions 3-602(b)(2) through (5) of this title.

(e) Subsection 3-603(b) of this title shall apply to an evaluation under this section.

(f) If the court does not order an evaluation, the preference of the minor who is less than 14 years old shall be taken into consideration, if the minor is mature enough to express a preference.

(g) Whether or not an evaluation is ordered, the court shall obtain the information required by subdivisions 2-203(d)(7)-(9).

(h) The court may charge a reasonable fee for services it performs pursuant to this section. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 4-111. Dispositional hearing: decree of adoption

Sections 3-701 through 3-707 of this title apply to a proceeding for adoption of a minor stepchild by a stepparent, but the court may waive the requirements of section 3-702 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 4-112. Visitation agreement and order

(a) Upon the request of the petitioner, the petitioner's spouse, the adoptee's other parent or a relative of the adoptee, the court shall review a written agreement that permits another person to visit or communicate with the minor after the decree of adoption becomes final. The agreement shall be signed by the person, the petitioner, the petitioner's spouse, the minor if 14 years of age or older, and, if an agency placed the minor for adoption, an authorized employee of the agency.

(b) The court may enter an order approving the agreement only upon determining that the agreement is in the best interest of the minor adoptee. In making this determination, the court shall consider:

(1) the preference of the minor, if the minor is mature enough to express a preference;

(2) any special needs of the minor and how they would be affected by performance of the agreement;

(3) the length and quality of any existing relationship between the minor and the person who would be entitled to visit or communicate, and the likely effect on the minor of allowing this relationship to continue;

(4) the specific terms of the agreement and the likelihood that the parties to the agreement will cooperate in performing its terms;

(5) the recommendation of the minor's guardian ad litem, attorney, social worker, or other counselor; and

(6) any other factor relevant to the best interest of the minor.

(c) In addition to any agreement approved pursuant to subsections (a) and (b) of this section, the court may approve the continuation of an existing order or issue a new order permitting the minor adoptee's former parent, grandparent, or sibling to visit or communicate with the minor if:

(1) the grandparent is the parent of a deceased parent of the minor or the parent of the adoptee's parent whose parental relationship to the minor is terminated by the decree of adoption;

(2) the former parent, grandparent, or sibling requests that an existing order be permitted to survive the decree of adoption or that a new order be issued; and

(3) the court determines that the requested visitation or communication is in the best interest of the minor.

(d) In making a determination under subdivision (c)(3) of this section, the court shall consider the factors listed in subsection (b) and any objections to the requested order by the adoptive stepparent and the stepparent's spouse.

(e) An order issued under this section may be enforced in a civil action only if the court finds that enforcement is in the best interest of a minor adoptee.

(f) An order issued under this section may not be modified unless the court finds that modification is in the best interest of a minor adoptee, and:

(1) the persons subject to the order request the modification; or

(2) exceptional circumstances arising since the order was issued justify the modification.

(g) Failure to comply with the terms of an order approved under this section or with any other agreement for visitation or communication is not a ground for revoking, setting aside, or otherwise challenging the validity of a consent, relinquishment, or adoption pertaining to a minor stepchild, and the validity of the consent, relinquishment, and adoption is not affected by any later action to enforce, modify, or set aside the order or agreement. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 4-113. Other provisions applicable to adoption of stepchild

Except as otherwise provided by this article, Article 3 of this title applies to an adoption of a minor stepchild by a stepparent. (Added 1995, No. 161 (Adj. Sess.), § 1.)

Article 5: ADOPTION OF ADULTS AND EMANCIPATED MINORS

§ 5-101. Who may adopt adult or emancipated minor

An adult may adopt another adult or an emancipated minor pursuant to this article, but an adult may not adopt his or her spouse. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 5-102. Legal consequences of adoption

The legal consequences of an adoption of an adult or emancipated minor are the same as under sections 1-103 through 1-106 of this title, but the legal consequences of adoption of an adult stepchild by an adult stepparent are the same as under section 4-102 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 5-103. Consent by spouse

(a) Consent to the adoption of an adult or emancipated minor is required only of the spouse of the prospective adoptive parent, unless they are legally separated, or the court finds that the spouse is not capable of giving consent or is withholding consent contrary to the best interest of the adoptee and the prospective adoptive parent.

(b) The consent of the spouse of the prospective adoptive parent:

(1) shall be in writing and be signed or confirmed in the presence of the court or a person authorized to take acknowledgments;

(2) shall state that the spouse:

(A) consents to the proposed adoption; and

(B) understands the consequences the adoption may have for any right of inheritance, property, or support the spouse has; and

(3) may contain a waiver of any proceedings for adoption. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 5-104. Jurisdiction and venue

(a) The probate court has jurisdiction over a proceeding for the adoption of an adult or emancipated minor under this article if a petitioner lived in this state for at least 90 days immediately preceding the filing of a petition for adoption.

(b) A petition for adoption may be filed in the probate court in the district in which a petitioner lives. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 5-105. Petition for adoption

(a) A prospective adoptive parent and an adoptee under this article shall jointly file a petition for adoption.

(b) The petition shall be signed and verified by each petitioner and state:

(1) the full name, date of birth, and place and duration of residence of each petitioner;

(2) the current marital status of each petitioner, including the date and place of marriage, if married;

(3) the full name by which the adoptee is to be known if the petition is granted;

(4) the duration and nature of the relationship between the prospective adoptive parent and the adoptee;

(5) that the prospective adoptive parent and the adoptee desire to assume the legal relationship of parent and child and to have all of the rights and be subject to all of the duties of that relationship;

(6) that the adoptee understands that a consequence of the adoption will be to terminate the adoptee's relationship as the child of an existing parent, but if the adoptive parent is the adoptee's stepparent, the adoption will not affect the adoptee's relationship with a parent who is the stepparent's spouse, but will terminate the adoptee's relationship to the adoptee's other parent, except for the right to inherit from or through that parent;

(7) that the adoptee and the prospective adoptive parent understand the consequences the adoption may have for any right of inheritance, property, or support each person has;

(8) the name and last known address of any other person whose consent is required;

(9) the name, age, and last known address of any child of the prospective adoptive parent, including a child previously adopted by the prospective adoptive parent or his or her spouse, and the date and place of the adoption; and

(10) the name, age, and last known address of any living parent or child of the adoptee.

(c) The petitioners shall attach to the petition:

(1) a certified copy of the birth certificate or other evidence of the date and place of birth of the adoptee and the prospective adoptive parent, if available; and

(2) any required consent that has been executed. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 5-106. Notice and time of hearing

(a) Within 30 days after a petition for adoption is filed, the court shall serve notice of hearing the petition upon any person whose consent to the adoption is required under section 5-103 of this title, and who has not waived notice, by sending a copy of the petition and notice of hearing to the person at the address stated in the petition, or according to the manner of service provided in section 3-403 of this title.

(b) The court shall set a date and time for hearing the petition, which shall be at least 30 days after the notice is served. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 5-107. Dispositional hearing

(a) Both petitioners shall appear in person at the hearing unless an appearance is excused for good cause shown. In the latter event an appearance may be made for either or both of them by an attorney authorized in writing to make the appearance, or a hearing may be conducted by telephone or other electronic medium.

(b) The court shall examine the petitioners, or the attorney for a petitioner not present in person, and shall grant the petition for adoption if it determines that:

(1) at least 30 days have elapsed since the service of notice of hearing the petition for adoption;

(2) notice has been served, or dispensed with, as to any person whose consent is required under section 5-103 of this title;

(3) every necessary consent, waiver, document, or judicial order has been obtained and filed with the court;

(4) the adoption is for the purpose of creating the relationship of parent and child between the petitioners and the petitioners understand the consequences of the relationship; and

(5) there has been substantial compliance with this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 5-108. Decree of adoption

(a) A decree of adoption issued under this article shall substantially conform to the relevant requirements of section 3-705 of this title and appeals from a decree, or challenges to it, are governed by section 3-707 of this title.

(b) The court shall send a copy of the decree to each person named in the petition at the address stated in the petition.

(c) Within 30 days after a decree of adoption becomes final, the clerk of the court shall prepare a report of the adoption for the supervisor of vital records, and, if the petitioners have requested it, the report shall instruct the supervisor to issue a new birth certificate to the adoptee, as provided in Article 3, Part 8 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 5-109. Adoption of an incompetent adult

If the adult who is being adopted has been found by a court to be incompetent:

(1) the legal guardian shall join in the petition for adoption;

(2) the court may, upon recommendation of the legal guardian:

(A) waive the requirement that the adoptee join in the petition;

(B) waive the requirements of subdivisions 5-105(b)(6) and (7) of this title with respect to the adoptee; and

(C) order an evaluation as provided in subdivisions 4-110(a)-(f) of this title; and

(3) the court shall:

(A) determine whether the adoptee has expressed an opinion about the granting of the petition;

(B) ensure that the adoptee has not been coerced or subjected to duress, exploitation or undue influence; and

(C) not grant the petition unless the adoption is in the best interest of the adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1.)

Article 6: RECORDS OF ADOPTION PROCEEDING; RETENTION, CONFIDE

§ 6-102. Records confidential, court records sealed

(a) All records on file with the court or in the possession of an agency, the department of health, the registry or other provider of professional services in connection with an adoption are confidential and may not be inspected except as provided in this title.

(b) During a proceeding for adoption, records are not open to inspection except as directed by the court.

(c) Within 30 days after a decree of adoption becomes final, the register of the probate court or the clerk of the family court shall send to the registry a copy of any document signed pursuant to section 2-105 of this title.

(d) All records on file with the court or agency shall be retained permanently and sealed for 99 years after the date of the adoptee's birth. Sealed records and indices are not open to inspection by any person except as provided in this title.

(e) The records of an agency which ceases operation in this state shall be transferred to the department for retention under the provisions of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 6-103. Adoption registry

(a) The registry shall maintain:

(1) an index containing all of the following information, as applicable:

(A) the adoptee's name at birth and after adoption and date of birth;

(B) the names and addresses of the adoptee's former parents and adoptive parents;

(C) the date and court in which a consent or relinquishment was filed;

(D) the date and court in which the petition was filed;

(E) any agency involved in the adoption;

(F) the date and nature of the disposition of the petition;

(2) a copy of any consent for the disclosure of identifying information filed with the court;

(3) a copy of the information filed with the court which is described in section 2-105 of this title.

(b) The probate court shall provide the department with the information necessary to maintain this index. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 6-104. Release of nonidentifying information

(a) The following persons may request nonidentifying information from confidential adoption records:

(1) the adoptive parent, the legal custodian or guardian of an adoptee, an adoptee who has attained the age of 18, an emancipated adoptee, a deceased adoptee's direct descendant who has attained the age of 18 or the parent or guardian of a direct descendant who has not attained the age of 18; and

(2) the adoptee's former parent, grandparent or sibling.

(b) Upon request by a person listed in subdivision (a)(1) of this section, the court that heard the adoption petition, the agency that placed the adoptee for adoption, or other person who assisted in the adoption shall furnish a detailed summary of any relevant report or information contained in confidential reports in their possession about the adoptee, the adoptee's former parents and the adoptee's genetic history, including the information required by section 2-105 of this title. This report shall exclude identifying information concerning an individual who has not signed a waiver of confidentiality.

(c) Upon request of a person listed in subdivision (a)(2) of this section, the court, the agency that placed the adoptee for adoption, or other person who assisted in the adoption shall release a summary of any relevant report or information in their possession about the adoptee's history after the former parents' rights were terminated. The summary shall exclude identifying information concerning an individual who has not signed a waiver of confidentiality.

(d) The court or agency may charge a reasonable fee for the compilation of nonidentifying information, based on the actual costs incurred.

(e) An individual who is denied access to nonidentifying information to which the individual is entitled under this article may petition the court for relief.

(f) If a court or the registry receives a certified statement from a physician explaining in detail how a health condition may seriously affect the health or reproductive decision of an adoptee or a direct descendant of an adoptee, the registry shall make a diligent effort to notify the adoptive parents of a minor adoptee, an adoptee who has attained 18 years of age, or an adoptive parent of a deceased adoptee that the nonidentifying information is available and may be requested from the registry.

(g) If a court or the registry receives a certified statement from a physician explaining in detail why a serious health condition of the adoptee or a direct descendant of the adoptee should be communicated to the adoptee's genetic parent or sibling to enable them to make informed reproductive and other health related decisions, the registry shall make a diligent effort to notify those individuals that the nonidentifying information is available and may be requested from the registry.

(h) The registry shall prescribe a reasonable procedure for verifying the identity of an individual who requests or furnishes information under this section. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 6-105. Disclosure of identifying information

(a) Identifying information about an adoptee's former parent shall be disclosed by the registry to any of the following persons upon request:

(1) An adoptee who is 18 or more years old.

(2) An adoptee who is emancipated.

(3) A deceased adoptee's direct descendant who is 18 or more years old or the parent or guardian of a direct descendant who is less than 18 years old.

(b) From July 1, 1996 to December 31, 1997, the registry shall disclose identifying information under subsection (a) of this section only if the former parent consents to such disclosure. After December 31, 1997, the registry shall disclose information under subsection (a) of this section as follows:

(1) For adoptions that were finalized prior to July 1, 1986, the registry shall disclose identifying information if the former parent has filed in any probate court or agency any kind of document that clearly indicates that he or she consents to such disclosure.

(2) For adoptions that were finalized on or after July 1, 1986, the registry shall disclose identifying information without requiring the consent of the former parent except the registry shall not disclose such information if the former parent has filed a request for nondisclosure in accordance with the provisions of section 6-106 of this title and has not withdrawn the request or, prior to July 1, 1996, has filed in any court or agency any kind of document that clearly indicates that his or her identity not be disclosed and has not withdrawn the document.

(c) An adult descendant of a deceased former parent or the guardian of a former parent who has been declared incompetent may consent to the disclosure of information as provided for in subsection (a) of this section.

(d) If an adoptee, who is 18 or more years old, consents, identifying information about the adoptee shall be disclosed by the registry to any of the following persons upon request:

(1) The adoptee's former parent;

(2) The adoptee's sibling who is 18 or more years old.

(e) Identifying information about the adoptee shall be disclosed to the adoptee's former parent if the parent of an adoptee who is less than 18 years old consents to the disclosure.

(f) Identifying information about a deceased adoptee shall be disclosed by the registry to the adoptee's former parent or sibling upon request if:

(1) the deceased adoptee's direct descendant is 18 or more years old and consents to the disclosure; or

(2) the parent or guardian of a direct descendant who is less than 18 years old consents to the disclosure.

(g) Identifying information about a sibling of an adoptee shall be disclosed by the registry to the adoptee upon request if both the sibling and the adoptee are 18 or more years old and the sibling consents to disclosure. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 6-106. Request for nondisclosure

A former parent of an adoptee may prevent disclosure of identifying information about himself or herself by filing a request for nondisclosure with the registry as provided in section 6-105 of this title. A request for nondisclosure may be withdrawn by a former parent at any time. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 6-107. Release of original birth certificate

(a) A copy of the adoptee's original birth certificate may be released to the adoptee upon the request of an adoptee who has attained the age of 18 and who has access to identifying information under this article.

(b) When 99 years have elapsed after the date of birth of an adoptee whose original birth certificate is sealed under this title, the department of health shall unseal the original certificate and file it with any new or amended certificate that has been issued. The unsealed certificate becomes a public record in accordance with any statute or regulation applicable to the retention and disclosure of birth certificates. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 6-108. Certificate of adoption

Upon the request of an adoptive parent or an adoptee who has attained the age of 18, the register or clerk of the court that entered an adoption decree shall issue a certificate of adoption which states the date and place of adoption, the date of birth of the adoptee, the name of each adoptive parent, and the name of the adoptee as provided in the decree. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 6-109. Disclosure authorized in course of employment

This article does not preclude an employee of the agency or the registry from:

(1) inspecting permanent, confidential, or sealed records for the purpose of discharging any obligation under this title;

(2) disclosing the name of the court where a proceeding for adoption occurred or the name of the agency that placed an adoptee to an individual described in sections 6-104 and 6-105 of this title who can verify his or her identity; or

(3) disclosing nonidentifying information contained in confidential or sealed records in accordance with any other applicable state or federal law. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 6-110. Fee for services

A court, an agency or the registry may charge a reasonable fee for services, including copying services, it performs pursuant to this article. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 6-111. Public notice of statutory change

The department, with the cooperation of other departments of state government, shall make reasonable efforts to notify members of the public who may be affected by changes in statute governing the release of identifying and nonidentifying information, including:

(1) informing the general public by submitting press releases to the news media in Vermont and other states;

(2) informing adoptee, birth parent and genealogy groups in Vermont and other states;

(3) including information in motor vehicle registration and license renewals;

(4) including information in appropriate locations on the Internet; and

(5) contacting the adoption coordinators in each state and determining what agencies or groups in that state should be notified. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 6-112. Action for disclosure of information

(a) A person denied disclosure of information under section 6-104, subdivision 6-105(b)(1) or (2), or section 6-107 of this title may file a petition in the court to obtain the information being sought.

(b) In determining whether to grant a petition under this section, the court shall review the records of the relevant proceeding for adoption and shall make specific findings concerning:

(1) the reasons the information is sought;

(2) whether the individual about whom information is sought has filed a request for nondisclosure under section 6-106 of this title or any other kind of document requesting that his or her identity not be disclosed, has not filed any document, or has otherwise indicated a preference regarding the disclosure of his or her identity;

(3) if known, whether the individual about whom information is sought is alive;

(4) whether it is possible to satisfy the petitioner's request without disclosing the identity of another individual;

(5) the expressed needs of the adoptee including the emotional and mental health needs of the adoptee.

(c) Before making a determination under this section the court shall make a reasonable effort to confidentially contact the person whose identity is being sought in order to determine that person's response to the petition and shall consider any response in reaching its decision.

(d) If the reason the petitioner was denied disclosure was due to the fact that there was no consent on file and there is no request for nondisclosure filed under section 6-106 or any other kind of document in the court or agency that clearly indicates that the identity of the person being sought not be disclosed, the court shall order disclosure of the requested information if the court finds by a preponderance of the evidence that disclosure is in the best interest of the petitioner and that disclosure is unlikely to cause harm to the person whose identity is being sought.

(e) If the reason the petitioner was denied disclosure was due to the fact that there was no consent on file and a request for nondisclosure was filed under section 6-106 or any kind of document was filed in the court or agency that clearly indicates that the identity of the person being sought not be disclosed, the court shall not make a search under subsection (c) of this section and shall not order the disclosure of the requested information except for compelling reasons. (Added 1995, No. 161 (Adj. Sess.), § 1.)

Title 15A: Adoption Act
Article 7: PROHIBITED AND PERMISSIBLE ACTIVITIES IN CONNECTIO

§ 7-101. Enforcement

(a) The attorney general shall enforce the provisions of this title and may review and investigate compliance therewith.

(b) Whenever the attorney general has reason to believe that a person has violated or is violating a provision of this title, and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state against such person to ensure compliance. The action may be brought in the superior court of the county in which such person resides or in which the violation occurred or is occurring. The court may grant temporary, preliminary, and permanent injunctive relief to restrain and prevent violations of this title.

(c) In addition to the foregoing, the attorney general may request and the court is authorized to render any other appropriate relief as may be in the public interest, and may:

(1) impose a civil penalty of not more than $5,000.00 for each violation. In the case of a continuing violation, a civil penalty of not more than $1,000.00 may be imposed for each day the violation continues; and

(2) order reimbursement to the state of Vermont for the reasonable value of its services and its expenses in investigating and prosecuting the action. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 7-102. Unauthorized disclosure of information

(a) A person who knowingly discloses confidential adoption information or identifying information in violation of this title, shall be fined not more than $1,000.00.

(b) In addition to the penalties provided in subsection (a) of this section, a person who is the subject of information contained in a record made confidential by this title may file an action for damages or equitable relief against any person who obtains unauthorized information or who discloses unauthorized information, or is likely to do so. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 7-103. Lawful payments related to adoption

(a) Subject to the requirements of sections 3-702 and 3-703 of this title for an accounting and judicial approval of fees and charges related to an adoption, an adoptive parent, or a person acting on behalf of an adoptive parent, may pay the reasonable and actual fee or charge for:

(1) the services of an agency in connection with an adoption;

(2) medical, hospital, nursing, pharmaceutical, or other similar expenses incurred by a mother or her minor child in connection with prenatal care or the birth or any illness of the minor;

(3) counseling services for a parent or a minor for a reasonable time before and after the minor's placement for adoption;

(4) living expenses of a mother for a reasonable time before the birth of her child and for no more than six weeks after the birth;

(5) expenses incurred in ascertaining the information required by section 2-105 of this title;

(6) expenses incurred for legal services, court costs, and other administrative expenses connected with an adoption, including any legal services performed for a parent who consents to the adoption of a minor or relinquishes the minor to an agency;

(7) transportation for services provided under subdivisions (2), (3) or (6) of this section;

(8) expenses incurred in obtaining a preplacement evaluation and an evaluation during the proceeding for adoption; and

(9) any other service or expense the court finds is reasonable and necessary.

(b) A parent or a guardian, a person acting on the parent's or guardian's behalf, or a provider of a service listed in subsection (a) of this section, may receive or accept a payment authorized by subsection (a). The payment may not be made contingent on the placement of a minor for adoption, relinquishment of the minor, or consent to the adoption. If the adoption is not completed, a person who is authorized to make a specific payment by subsection (a) is not liable for that payment unless the person has agreed in a signed writing with a provider of a service to make the payment regardless of the outcome of the proceeding for adoption. If the adoption is not completed, an adoptive parent is liable only for agreed upon expenses which are permitted under this section and were incurred prior to the termination of the adoption process.

(c) Except for the expenses authorized by subdivisions (a)(4) and (a)(7) of this section, no payments as authorized in subsection (a) shall be paid directly to a parent without prior court approval, but instead will be paid to service providers or to an agency. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 7-104. Charges by agency

Subject to the requirements of sections 3-702 and 3-703 of this title for an accounting and judicial approval of fees and charges related to an adoption, an agency may charge or accept a fee or other reasonable compensation from a prospective adoptive parent for expenses not paid by public assistance for:

(1) medical, hospital, nursing, pharmaceutical, or other similar expenses incurred by a mother or her minor child in connection with prenatal care, the birth or any illness of the minor;

(2) a percentage of the annual cost the agency incurs in locating and providing counseling services for minor adoptees, parents, and prospective parents;

(3) living expenses of a mother for a reasonable time before the birth of a child and for no more than six weeks after the birth;

(4) expenses incurred in ascertaining the information required by section 2-105;

(5) legal services, and court costs, or other administrative expenses connected with an adoption, including the legal services performed for a parent who relinquishes a minor child to the agency;

(6) preparation of a preplacement evaluation and an evaluation during the proceeding for adoption;

(7) transportation for services provided under this section; and

(8) any other service or expense the court finds is reasonable and necessary. (Added 1995, No. 161 (Adj. Sess.), § 1.)

§ 7-105. Prohibited payments related to adoption

(a) Except as otherwise provided in sections 7-103 and 7-104 of this title, a person may not pay or give or offer to pay or give to any other person, or request, receive, or accept any money or anything of value, directly or indirectly, for:

(1) the placement of a minor for adoption;

(2) the consent of a parent, a guardian, or an agency to the adoption of a minor;

(3) the relinquishment of a minor to an agency for the purpose of adoption; or

(4) the recruitment of nonresident pregnant women to locate in this state for the purpose of relinquishing the child for adoption.

(b) A release from liability from past or future child support is not a violation of this section. (Added 1995, No. 161 (Adj. Sess.), § 1.)

(Part 1)       (Part 2)

Why You Need an Adoption Consultant

There are many risks when you go to adopt a child including losing a child after you have already taken them home (referred to as a disruption), loosing all of the money you have invested in the adoption if the birth mother changes her mind, or finding that there are previously unknown or undisclosed fees that may appear. Dr Berger has helped thousands of  adopting families with domestic adoptions and international adoptions and he is available to assist you no matter what type of adoption you chose to pursue and regardless of whether you work with an adoption agency, facilitator or adoption attorney.  He can help you save your  time, effort and money in helping you to decide what routes to take and the best way to achieve your goal of adopting a child. He can help reduce your risks and potential pain and can help you avoid many of the problems and pitfalls found in the adoption process. You can read and download his free child adoption manual or, for more information on how he can help you, please visit his Adoption Consultant link or contact him by phone (1-800-943-0400) or email.