Vermont Adoption Laws, Page 3

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.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

 

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