Notice of Pendency of Proceeding

V.S.A. tit. 15A, ch. 3, subch. 4

in effect

15A V.S.A. § 3-401 Service of notice

3-401. Service of notice (a) Unless notice has been waived, notice of a proceeding for adoption of a minor shall be served, within 30 days after a petition for adoption is filed, upon: (1) a person whose consent to the adoption is required under section 2-401 of this title, but notice need not be served upon a person whose parental relationship to the minor or whose status as a guardian has been terminated; (2) an agency whose consent to the adoption is required under section 2-401; (3) a person whom the petitioner knows is claiming to be or who is named as the father or possible father of the minor adoptee and whose paternity of the minor has not been judicially determined, but notice need not be served upon a man who has executed a verified statement, as described in subdivision 2-402(a)(3) of this title, denying paternity or disclaiming any interest in the minor; (4) a person other than the petitioner who has legal or physical custody of the minor adoptee or who has a right of communication or visitation with the minor under an existing court order issued by a court in this or another state; (5) the spouse of the petitioner if the spouse has not joined in the petition; and (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.

15A V.S.A. § 3-402 Content of notice

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.

15A V.S.A. § 3-403 Manner and effect of service

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.

15A V.S.A. § 3-404 Investigation and notice to unknown father

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.

15A V.S.A. § 3-405 Waiver of notice

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.

15A V.S.A. § 3-406 Filing proof of service

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.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/15A/003Fetched: 10/21/2026