Vermont Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: Tit. 15A, § 2-401
- The birth mother
- The biological father
- The man married to the mother at the time of conception or who has acknowledged paternity
- The child's guardian, adoptive or other legally recognized parents
- The agency that placed the child for adoption
Age When Consent of Adoptee is Considered or Required
Statute: Tit. 15A, § 2-401
A child 14 years of age or older must consent, unless the court dispenses with the need.
When Parental Consent is not Needed
Statute: Tit. 15A, § 2-402
- Persons whose consent is not required:
- A person who has relinquished parental rights to an agency
- A person whose rights have been terminated or determined not to exist
- A representative of a deceased parent's estate
- A man who denies paternity or fails to appear at proceedings
- Consent of a guardian or agency is not required if the court finds it is being withheld unreasonably or contrary to the child's best interest.
When Consent Can Be Executed
Statute: Tit. 15A, § 2-404
- Consent by a parent may not be executed earlier than 36 hours after the child's birth.
- Consent by a guardian can be made any time after being authorized by the court.
- Consent by an agency may be made any time before or during the hearing on adoption.
How Consent Must Be Executed
Statute: Tit. 15A, § 2-405
- Consent executed by a parent or guardian shall be signed in the presence of the probate judge or the court's authorized agent.
- A minor must consent in the presence of a judge.
Revocation of Consent
Statute: Tit. 15A, §§ 2-407; 2-408; 2-409
- Consent is irrevocable after 21 days.
- Consent is revoked if the parent notifies the court within 21 days; or the parent and prospective adoptive parent agree.
- Consent may also be set aside if it was obtained by fraud or duress, or if a condition permitting revocation has occurred.
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