Dispositional Hearing; Decree of Adoption

V.S.A. tit. 15A, ch. 3, subch. 7

in effect

15A V.S.A. § 3-701 Time for hearing on petition

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.

15A V.S.A. § 3-702 Disclosure of fees and charges

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.

15A V.S.A. § 3-703 Granting petition for adoption

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 interests 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.

15A V.S.A. § 3-704 Denial of petition for adoption

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 section 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 interests of the minor. Added 1995, No. 161 (Adj. Sess.), § 1.

15A V.S.A. § 3-705 Decree of adoption

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 State Registrar 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 interests 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 U.S. Department of State’s report of birth abroad, or the documents of the U.S. 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; amended 2017, No. 46, § 58, eff. July 1, 2019.

15A V.S.A. § 3-706 Applicability of rules of probate procedure; expeditious hearing of appeals; motion for relief from decree or order; no stay on appeal

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.

15A V.S.A. § 3-707 Finality of decree

3-707. Finality of decree Consistent with the best interests 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.

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