Part 2 of 2 (Part 1) (Part 2)
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 division of the superior 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 division of the superior court in the district in which a petitioner lives. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
§ 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; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
§ 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, CONFIDENTIALITY, AND ACCESS
§ 6-101. [Reserved.]
§ 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 clerk of the superior 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; amended 2009, No. 154 (Adj. Sess.), § 131.)
§ 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 division of the superior court shall provide the department with the information necessary to maintain this index. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
§ 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 division of the superior 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; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
§ 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.)
Article 7: PROHIBITED AND PERMISSIBLE ACTIVITIES IN CONNECTION WITH ADOPTION
§ 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 subdivision (2), (3), or (6) of this subsection;
(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 of this title;
(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.)
Article 8: INTERSTATE COMPACTS ON ADOPTION AND MEDICAL ASSISTANCE
§ 8-101. Interstate compacts on adoption and medical assistance; authorization
(a) The commissioner of the department for children and families is authorized to negotiate and enter into interstate compacts with agencies of other states for the provision of medical assistance and other services for children with special needs on behalf of whom adoption assistance is being provided by the state of Vermont or another state party to such a compact and who move into or from Vermont.
(b) As used in this article, "state" includes a state, territory, possession, or commonwealth of the United States. Compacts authorized by this article must include:
(1) a provision making it available for joinder by all states;
(2) a provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal;
(3) a requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;
(4) a requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents,
and the state agency providing the adoption assistance; and
(5) such other provisions as may be appropriate to implement the proper administration of the compact.
(c) The commissioner shall designate a compact administrator and deputies, as deemed necessary, who shall have authority to develop rules to be adopted to effectuate the terms and provisions of compacts entered into under the authority of this article. (Added 2005, No. 215 (Adj. Sess.), § 127.)
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