Petition for Adoption of Minor

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

in effect

15A V.S.A. § 3-301 Standing to petition to adopt

3-301. Standing to petition to adopt (a) Except as otherwise provided in subsection (c) of this section, the only persons who have standing to petition to adopt a minor under this article are: (1) a person with whom a minor has been placed for adoption or who has been selected as a prospective adoptive parent by a person authorized under this title to place the minor for adoption; or (2) a person with whom a minor has not been placed for adoption or who has not been selected or rejected as a prospective adoptive parent pursuant to Article 2, Part 1 and Part 2 of this title, but who has had physical custody of the minor for at least six months immediately before seeking to file a petition for adoption and is allowed to file the petition by the court for good cause shown. (b) The spouse of a petitioner shall consent to the petition unless judicially declared incompetent. (c) A petition for adoption of a minor stepchild by a stepparent may be filed under Article 4 of this title and a petition for adoption of an emancipated minor may be filed under Article 5 of this title. Added 1995, No. 161 (Adj. Sess.), § 1.

15A V.S.A. § 3-302 Time for filing petition

3-302. Time for filing petition (a) Unless the court for good cause extends the time for filing, a petition for adoption shall be filed no later than 45 days after a minor is placed with the petitioner for the specific purpose of adoption. This provision does not apply to foster parent, relative, or stepparent adoptions. (b) If a petition is not filed within 45 days after placement or within any extended period of time approved by the court, any interested person or agency may file an action challenging the prospective adoptive parent’s custody of the minor. Added 1995, No. 161 (Adj. Sess.), § 1.

15A V.S.A. § 3-303 Caption of petition

3-303. Caption of petition The caption of the petition shall read “In the Matter of the Adoption of .......... .” and shall contain the name by which the adoptee will be known or initials for the adoptee. Added 1995, No. 161 (Adj. Sess.), § 1.

15A V.S.A. § 3-304 Content of petition

3-304. Content of petition (a) A petition for adoption of a minor shall be signed and verified by the petitioner. It shall be filed and shall contain the following information or state why any of the information omitted is not contained in the petition: (1) the full name, date of birth, and place and duration of residence of the petitioner, and his or her relationship to the adoptee, if any; (2) the current marital status of the petitioner, including any pending divorce and the date of any judicial determination that a petitioner’s spouse is incompetent; (3) the occupation and approximate income of each petitioner and that the petitioner has facilities and resources to provide for the care and support of the minor; (4) that a preplacement evaluation favorable to the petitioner has been completed or updated within the 12 months before the placement, or that a preplacement evaluation has been waived by a court for good cause shown or is not required under section 2-201 of this title; (5) the full birth or legal name, sex, and the time and date, or approximate time and date, and place of birth of the minor adoptee, and a statement that the minor is or is not an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq.; (6) the circumstances under which the petitioner obtained physical custody of the minor, including the date of placement for adoption with the petitioner and the name of the agency or the name and relationship to the minor of the person that placed the minor; (7) the length of time the minor has been in the physical custody of the petitioner or the reason why the petitioner does not have physical custody and the date and manner in which the petitioner intends to obtain physical custody; (8) a description and estimate of the value of any known property of the minor; (9) that any law governing interstate or intercountry placement was complied with; (10) the name and relationship to the minor of any person who has executed a consent, relinquishment, or a disclaimer of paternal interest; the name and relationship to the minor of any person whose consent or relinquishment may be required whose parental relationship has not been terminated; and any fact or circumstance that may excuse the lack of consent; (11) that a previous petition by the petitioner to adopt has or has not been made in any court and its disposition; (12) a description of any previous court order or pending proceeding, known to the petitioner concerning child support for the minor or concerning custody of or visitation with the minor, including the name of the court; (13) the full name by which the adoptee is to be known if the petition is granted; and (14) any other fact known to the petitioner and needed to establish the jurisdiction of the court. (b) The petitioner shall request in the petition: (1) that the petitioner be permitted to adopt the minor as the petitioner’s child; and (2) any other relief sought by the petitioner. Added 1995, No. 161 (Adj. Sess.), § 1; amended 1997, No. 53, § 4, eff. June 26, 1997.

15A V.S.A. § 3-305 Required documents

3-305. Required documents (a) Before the hearing on a petition for adoption, the following shall be filed: (1) a certified copy of the birth certificate or other record of the date and place of birth of the minor adoptee; (2) the original or a certified copy of any consent, relinquishment, or disclaimer of paternal interest with respect to the minor that has been executed, and any written certifications required by sections 2-405(d) and (g) of this title from the person before whom a consent or relinquishment was executed; (3) a certified copy of any court order terminating the rights and duties of the minor’s parents or guardian; (4) a certified copy of each parent’s or former parent’s marriage certificate; decree of divorce, annulment, or dissolution; or agreement or decree of legal separation; and a certified copy of any court order determining the parent’s or former parent’s incompetence; (5) a certified copy of any existing court order or petition in any pending proceeding concerning custody of, or visitation or communication with, the minor; (6) a copy of the preplacement evaluation and of the evaluation during the pendency of the proceeding for adoption; (7) a copy of any report containing the information required by section 2-105 of this title. This requirement may be waived by the court for good cause shown. If the court waives this requirement, a summary of the information required by section 2-105 of this title shall be filed; (8) a certified copy of the petitioner’s marriage certificate; decree of divorce, annulment, or dissolution; or agreement or decree of legal separation; and a certified copy of any court order determining the incompetence of the petitioner’s spouse; (9) a copy of any agreement with a public agency to provide a subsidy for the benefit of a minor adoptee with a special need; (10) if an agency placed the minor adoptee, a verified document from the agency stating: (A) the circumstances under which the agency obtained custody of the minor for purposes of adoption; (B) that the agency complied with any provision of law governing an interstate or intercountry placement of the minor; (C) the name or relationship to the minor of any person whose consent is required, but who has not executed a consent or a relinquishment or whose parental relationship has not been terminated, and any fact or circumstance that may excuse the lack of consent or relinquishment; (D) whether the agency has executed its consent to the proposed adoption and whether it waives notice of the proceeding; (E) the terms of any collateral agreement between the agency and the petitioner; (11) the name and address, if known, of any person who is entitled to receive notice of the proceeding for adoption; and (12) a copy of any collateral agreement between the petitioner and a parent or guardian of the adoptee. (b) If an item required by subsection (a) of this section is not available, the person responsible for furnishing the item shall file an affidavit explaining its absence. Added 1995, No. 161 (Adj. Sess.), § 1; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.

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