Vermont

Overview

Original Birth Certificates. Vermont is an Unrestricted State. Effective July 1, 2023, all Vermont-born adopted people have the right to request and obtain certified copies of their own original birth certificates, without discriminatory restrictions. Vermont became the thirteenth state to affirm or restore such a right, which also extends to descendants of the adopted person.

Contact Preference Form. Birthparents may complete and file a contact preference form that is released upon an adopted person’s application for information from the registry (it is not released as part of the application for the birth record to the Department of Health). The form is filed with the Vermont Adoption Registry. If filed, the form does not restrict any rights of the adult adopted person or descendants to apply for or receive a copy of the original birth certificate.

Court Records. Court records in an adoption are retained permanently and sealed for 99 years after the date of the adopted person’s birth. They are not available except through the registry process or by court order “as the court directs.”

Descendant Rights. Children and other direct line descendants of a deceased adopted person have the right to obtain a certified copy of the adopted persons’s original birth certificate, provided the adoptee is deceased.

Adoption Registry. Vermont maintains a state adoption registry, which is used to facilitate contact and sharing of identifying information. Until July 1, 2023, it is the only way to obtain a copy of your own original birth certificate, except through a court order.

Adult Adoption. Vermont law provides for the adoption of adults and emancipated minors. A petition for adoption of an adult or emancipated minor must be filed jointly by the prospective adoptee and adoptive parent. If the prospective adoptive parent is married, the consent of the spouse is required, with some exceptions.

Vermont Law: Vital Records and Birth Certificates

Relevant parts of Vermont vital records law, which will change on July 1, 2023. For the latest information about the new law, see this FAQ or follow the New England Adoptee Rights Coalition.

15 V.S.A. § 3-802. Issuance of new, amended birth certificate
(a) Except as otherwise provided in subsection (d) of this section, upon receipt of a report of adoption prepared pursuant to subsection 3-801(a) of this title, a report of adoption prepared in accordance with the law of another state or country, a certified copy of a decree of adoption together with information necessary to identify the adoptee’s original birth certificate and to issue a new certificate, or a report of an amended adoption prepared pursuant to subsection 3-801(b) of this title, the State Registrar shall either:

(1) for an adoptee born in this State, update the Statewide Registration System in accordance with the decree and furnish a certified copy of a new birth certificate to the adoptive parent and to an adoptee who is 14 years of age or older;

(2) for an adoptee born in another state, forward a certified copy of the report of adoption to the appropriate office of the state of birth;

(3) for an adoptee adopted in this State who was born outside the United States and was not a citizen of the United States at the time of birth, create and register in the Statewide Registration System a “certificate of live birth for a foreign born child” upon request and in the form specified in 18 V.S.A. § 5078a and furnish a certified copy of the certificate to the adoptive parent and to an adoptee who is 14 years of age or older;

(4) for an adoptee born outside the United States who was a citizen of the United States at the time of birth, notify the adoptive parent of the procedure for obtaining a revised birth certificate through the U.S. Department of State; or

(5) in the case of an amended decree of adoption, either update the Statewide Registration System in accordance with the decree and follow the procedure in subdivision (a)(1) or (3) of this section or follow the procedure in subdivision (2) or (4) of this section.

(b) Unless otherwise specified by the court, a new birth certificate or certificate of live birth for a foreign born child issued pursuant to subdivision (a)(1) or (3) or an amended certificate issued pursuant to subdivision (a)(5) of this section shall:

(1) be signed by the State Registrar;
(2) include the date, time, and place of birth of the adoptee;
(3) substitute the name of the adoptive parent for the name of the person listed as the adoptee’s parent on the original birth certificate;
(4) [Repealed.]
(5) contain any other information prescribed by the State Registrar.

(c) In the case of birth certificates registered prior to July 1, 2019 that are to be replaced or amended pursuant to subdivision (a)(1) or (5) of this section, the State Registrar shall notify the town clerk or clerks with custody of the certificate, who shall substitute the new or amended birth certificate for the original birth certificate. The original certificate and all copies of the certificate in the files shall be sealed and shall not be subject to inspection or copying until 99 years after the adoptee’s date of birth, except as provided by this title.

(d) If the court, the adoptive parent, or an adoptee who is 14 years of age or older requests that a new or amended birth certificate not be issued, the State Registrar shall not issue a new or amended certificate for an adoptee pursuant to subsection (a) of this section. Nonetheless, for an adoptee born in another state, the State Registrar shall forward a certified copy of the report of adoption or of an amended decree of adoption to the appropriate office in the adoptee’s state of birth.

(e) Upon receipt of a report that an adoption has been set aside, the State Registrar shall:

(1) for a person born in this State for whom a new birth certificate was issued, update the Statewide Registration System to reflect the original birth certificate data and, in the case of an original birth certificate registered prior to July 1, 2019, notify the town clerk or clerks with custody of the certificate, who shall seal any new or amended birth certificate issued pursuant to subsection (a) of this section, restore the original, update indexes as directed by the State Registrar, and not allow inspection or copying of the sealed certificate except upon court order or as otherwise provided in this title;

(2) for a person born in another state, forward the report to the appropriate office in the state of birth;

(3) for an adoptee born outside the United States who was not a citizen of the United States at the time of birth for whom a certificate of live birth for a foreign born child was issued, update the Statewide Registration System to reflect that the adoption was set aside; or

(4) for a former adoptee born outside the United States who was a citizen of the United States at the time of birth, notify the person who is granted legal custody of a former adoptee after an adoption is set aside of the procedure for obtaining an original birth certificate through the U.S. Department of State.

(f) Upon request by a person who was listed as a parent on an adoptee’s original birth certificate and who furnishes appropriate proof of the person’s identity, the State Registrar shall give the person a noncertified copy of the original birth certificate.

(b) When 99 years have elapsed after the date of birth of an adoptee whose original birth certificate is sealed under this title, the department of health shall unseal the original certificate and file it with any new or amended certificate that has been issued. The unsealed certificate becomes a public record in accordance with any statute or regulation applicable to the retention and disclosure of birth certificates.

18 V.S.A. § 5078. Adoption; new and amended birth certificate
(a) When the State Registrar receives a report of adoption, a report of an amended adoption, or a report that an adoption has been set aside as provided in 15A V.S.A. § 3-801, or a record of adoption prepared and filed in accordance with the laws of another state or foreign country, he or she shall proceed as prescribed in 15A V.S.A. § 3-802.

(b) If prior to July 1, 2019 a new birth certificate was issued following an adoption that contains a notation that it was issued by authority of this chapter, contains the filing dates of the original and the new birth certificate, or otherwise contains information that facially distinguishes it from an original, the adoptive parent or the adoptee if 14 years of age or older may apply to the State Registrar to issue a replacement birth certificate that does not contain distinguishing information. The State Registrar shall issue the replacement and notify any town clerk with custody of the version that contains distinguishing information, who shall substitute the latter with the replacement birth certificate. The town clerk shall send the version that contains distinguishing information to the State Registrar, who shall keep it confidential.

18 V.S.A. § 5078a. Certificate of live birth for a foreign born child adopted in Vermont
(a) The State Registrar shall establish in the Statewide Registration System a “certificate of live birth for a foreign born child” when he or she receives:

(1) a written request that the certificate be established:

(A) from the adopted person if 14 years of age or older; or

(B) from the adoptive parent or parents if the adopted person is under 14 years of age; and

(2) a record of adoption issued under 15A V.S.A. § 3-801(a).

(b) The certificate shall include:

(1) the true or probable foreign country of birth and true or probable date of birth;

(2) the adoptive parents as though they were natural parents;

(3) a notation that it was issued by authority of this chapter;

(4) a statement that the certificate is not evidence of U.S. citizenship; and

(5) any other information the State Registrar may prescribe.

(c) The certificate shall not contain a statement whether the adopted person was illegitimate.

(d), (e) [Repealed.]

Vermont Law: Court Records and Identifying Information

Relevant parts of Vermont adoption law related to court records and identifying information. The entire Vermont adoption statute is available here.

15A § 1-101. Definitions
As used in this title:

(1) “Adoptee” means a person who is adopted or is to be adopted.

(2) “Adult” means a person who has attained 18 years of age.

(3) “Agency” means the Department or a child-placing public or private entity that is licensed in this State to place minors for adoption.

(4) “Child” means a minor or an adult son or daughter, by birth or adoption.

(5) “Child with special needs” means a child with a special factor or condition, including ethnic background, age, membership in a minority or sibling group, medical condition, or physical, mental, or emotional disability, because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption or medical assistance.

(6) “Court,” with reference to a court of this State, means the Probate Division of the Superior Court.

(7) “Department” means the Department for Children and Families.

(8) “Former parent” means the parent of the adoptee whose rights were terminated, voluntarily or involuntarily.

(9) “Guardian” means a person, other than a parent, appointed by a court to act as a parent for another individual and specifically authorized by the Court to place the individual for adoption.

(10) “Identifying information” means any information which might establish the current whereabouts of an adoptee, the adoptee’s former parent or other family member, including full name, date and place of birth, and last known address.

(11) “Legal custody” means the right and duty to exercise continuing general supervision of a minor as authorized by law. The term includes the right and duty to protect, educate, nurture, and discipline the minor and to provide the minor with food, clothing, shelter, medical care, and a supportive environment.

(12) “Minor” means a person who has not attained 18 years of age.

(13) “Parent” means a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under subdivision 2-401(a)(1)-(4) or (6) of this title. The term does not include a person whose parental relationship to a child has been terminated judicially or by operation of law.

(14) “Physical custody” means the physical care and supervision of a minor.

(15) “Place for adoption” means to select a prospective adoptive parent for a minor and transfer physical custody of the minor to the prospective adoptive parent.

(16) “Records” means all documents, exhibits and data pertaining to an adoption, whether collected prior to or after the decree of adoption.

(17) “Registry” means the adoption registry administered by the Department.

(18) “Relative” means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew of a person, whether related to the person by the whole or the half blood, affinity, or adoption. The term does not include a person’s stepparent.

(19) “Relinquishment” means the voluntary surrender to an agency by a minor’s parent or guardian, for purposes of the minor’s adoption, of the rights of the parent or guardian with respect to the minor, including legal and physical custody of the minor.

(20) “Sibling” means a full or half brother or sister.

(21) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.

(22) “State Registrar” and “State Registrar of Vital Records” mean the supervisor of the Office of Vital Records in the Department of Health.

(23) “Stepparent” means a person who is the spouse or surviving spouse of a parent of a child but who is not a parent of the child.

§ 2-105. Disclosure of information on background
(a) Before placing a minor for adoption, a parent or agency placing the minor shall provide in writing to the prospective adoptive parent all of the following nonidentifying information that is reasonably available from the parents, relatives, or guardian of the minor; the agency; any person who has had physical custody of the minor for 30 days or more; or any person who has provided health, psychological, educational, or similar services to the minor:

(1) a social and health history of the minor, including:

(A) date, time, and place of birth;

(B) first and middle name as given by the parent;

(C) current health history, including an account of the minor’s prenatal care, medical condition at birth, any drug or medication taken by the minor’s mother during pregnancy;

(D) any subsequent medical, psychological, psychiatric, and dental information and diagnosis, and a record of any immunizations and health care received while in foster or other care;

(E) any physical, sexual, or emotional abuse known to have been experienced by the minor;

(F) enrollment and performance in school, results of educational testing, and any special educational needs; and

(G) an account of the minor’s past and existing relationship with any relative, foster parent, or other person with whom the minor has lived or visited on a regular basis;

(2) a social and health history of the minor’s parents and extended family, including:

(A) health and genetic history, including any known hereditary condition or disease, the current health of each parent, a summary of the findings of any medical, psychological, or psychiatric evaluation of each parent completed prior to placement, history of use of drugs and alcohol, and if a parent is deceased, the cause of and the age at death;

(B) racial, ethnic, and religious background, and general physical description;

(C) the levels and types of educational, vocational, athletic, artistic, or scientific achievement or interests, including academic performance and diagnosed learning problems;

(D) the date of birth and sex of any other child of the parents and whether or not those children have been removed from the parent’s custody or placed for adoption;

(E) the facts and circumstances related to the consent or relinquishment or termination of parental rights; and

(F) any information necessary to determine the minor’s eligibility for State or federal benefits, including financial, medical, or other assistance.

(b) Before the final hearing on a petition for adoption, a person or agency who placed a minor for adoption shall provide to the prospective adoptive parent a supplemental written report containing any information listed in subsection (a) of this section which was unavailable before the minor was placed, but becomes reasonably available after the placement.

(c) The Department shall prescribe forms designed to obtain specific information about the minor and the minor’s family and shall provide these forms to any agency, attorney, or certified placement intermediary.

(d) A report furnished under this section shall indicate who prepared the report and, unless confidentiality has been waived, shall be edited by the person who prepared the report to exclude the identity of any person who furnished information or about whom information is reported.

(e) The adoptive parents shall file a copy of the report furnished under this section in the Probate Division of the Superior Court when the petition for adoption is filed. Upon finalization of an adoption, the Probate Division of the Superior Court shall file a copy of the report with the adoption registry.

15A § 6-102. Records confidential, court records sealed
(a) All records on file with the court or in the possession of an agency, the department of health, the registry or other provider of professional services in connection with an adoption are confidential and may not be inspected except as provided in this title.

(b) During a proceeding for adoption, records are not open to inspection except as directed by the court.

(c) Within 30 days after a decree of adoption becomes final, the clerk of the superior court shall send to the registry a copy of any document signed pursuant to section 2-105 of this title.

(d) All records on file with the court or agency shall be retained permanently and sealed for 99 years after the date of the adoptee’s birth. Sealed records and indices are not open to inspection by any person except as provided in this title.

(e) The records of an agency which ceases operation in this state shall be transferred to the department for retention under the provisions of this title.

15A § 6-103. Adoption registry
(a) The registry shall maintain:

(1) an index containing all of the following information, as applicable:

(A) the adoptee’s name at birth and after adoption and date of birth;
(B) the names and addresses of the adoptee’s former parents and adoptive parents;
(C) the date and court in which a consent or relinquishment was filed;
(D) the date and court in which the petition was filed;
(E) any agency involved in the adoption;
(F) the date and nature of the disposition of the petition;

(2) a copy of any consent for the disclosure of identifying information filed with the court;

(3) a copy of the information filed with the court which is described in section 2-105 of this title.

(b) The Probate Division of the Superior Court shall provide the Department with the information necessary to maintain this index.

15A § 6-104. Release of nonidentifying information
(a) The following persons may request nonidentifying information from confidential adoption records:

(1) the adoptive parent, the legal custodian or guardian of an adoptee, an adoptee who has attained the age of 18, an emancipated adoptee, a deceased adoptee’s direct descendant who has attained the age of 18, or the parent or guardian of a direct descendant who has not attained the age of 18; and

(2) the adoptee’s former parent, grandparent, or sibling.

(b) Upon request by a person listed in subdivision (a)(1) of this section, the court that heard the adoption petition, the agency that placed the adoptee for adoption, or other person who assisted in the adoption shall furnish a detailed summary of any relevant report or information contained in confidential reports in their possession about the adoptee, the adoptee’s former parents, and the adoptee’s genetic history, including the information required by section 2-105 of this title. This report shall exclude identifying information concerning an individual who has not signed a waiver of confidentiality.

(c) Upon request of a person listed in subdivision (a)(2) of this section, the court, the agency that placed the adoptee for adoption, or other person who assisted in the adoption shall release a summary of any relevant report or information in their possession about the adoptee’s history after the former parents’ rights were terminated. The summary shall exclude identifying information concerning an individual who has not signed a waiver of confidentiality.

(d) The court or agency may charge a reasonable fee for the compilation of nonidentifying information, based on the actual costs incurred.

(e) An individual who is denied access to nonidentifying information to which the individual is entitled under this article may petition the court for relief.

(f) If a court or the registry receives a certified statement from a physician explaining in detail how a health condition may seriously affect the health or reproductive decision of an adoptee or a direct descendant of an adoptee, the registry shall make a diligent effort to notify the adoptive parents of a minor adoptee, an adoptee who has attained 18 years of age, or an adoptive parent of a deceased adoptee that the nonidentifying information is available and may be requested from the registry.

(g) If a court or the registry receives a certified statement from a physician explaining in detail why a serious health condition of the adoptee or a direct descendant of the adoptee should be communicated to the adoptee’s genetic parent or sibling to enable them to make informed reproductive and other health related decisions, the registry shall make a diligent effort to notify those individuals that the nonidentifying information is available and may be requested from the registry.

(h) The registry shall prescribe a reasonable procedure for verifying the identity of an individual who requests or furnishes information under this section.

15A § 6-105. Disclosure of identifying information
(a) Identifying information about an adoptee’s former parent shall be disclosed by the registry to any of the following persons upon request:

(1) An adoptee who is 18 or more years old.
(2) An adoptee who is emancipated.
(3) A deceased adoptee’s direct descendant who is 18 or more years old or the parent or guardian of a direct descendant who is less than 18 years old.

(b) From July 1, 1996 to December 31, 1997, the registry shall disclose identifying information under subsection (a) of this section only if the former parent consents to such disclosure. After December 31, 1997, the registry shall disclose information under subsection (a) of this section as follows:

(1) For adoptions that were finalized prior to July 1, 1986, the registry shall disclose identifying information if the former parent has filed in any probate division of the superior court or agency any kind of document that clearly indicates that he or she consents to such disclosure.

(2) For adoptions that were finalized on or after July 1, 1986, the registry shall disclose identifying information without requiring the consent of the former parent except the registry shall not disclose such information if the former parent has filed a request for nondisclosure in accordance with the provisions of section 6-106 of this title and has not withdrawn the request or, prior to July 1, 1996, has filed in any court or agency any kind of document that clearly indicates that his or her identity not be disclosed and has not withdrawn the document.

(c) An adult descendant of a deceased former parent or the guardian of a former parent who has been declared incompetent may consent to the disclosure of information as provided for in subsection (a) of this section.

(d) If an adoptee, who is 18 or more years old, consents, identifying information about the adoptee shall be disclosed by the registry to any of the following persons upon request:

(1) The adoptee’s former parent;
(2) The adoptee’s sibling who is 18 or more years old.

(e) Identifying information about the adoptee shall be disclosed to the adoptee’s former parent if the parent of an adoptee who is less than 18 years old consents to the disclosure.

(f) Identifying information about a deceased adoptee shall be disclosed by the registry to the adoptee’s former parent or sibling upon request if:

(1) the deceased adoptee’s direct descendant is 18 or more years old and consents to the disclosure; or
(2) the parent or guardian of a direct descendant who is less than 18 years old consents to the disclosure.

(g) Identifying information about a sibling of an adoptee shall be disclosed by the registry to the adoptee upon request if both the sibling and the adoptee are 18 or more years old and the sibling consents to disclosure.

15A § 6-106. Request for nondisclosure
A former parent of an adoptee may prevent disclosure of identifying information about himself or herself by filing a request for nondisclosure with the registry as provided in section 6-105 of this title. A request for nondisclosure may be withdrawn by a former parent at any time.

15A § 6-107. Release of original birth certificate
(a) A copy of the adoptee’s original birth certificate may be released to the adoptee upon the request of an adoptee who has attained the age of 18 and who has access to identifying information under this article [Vermont Adoption Act, 15 V.S.A. §§ 6-101 to 6-112].

15A § 6-108. Certificate of adoption
Upon the request of an adoptive parent or an adoptee who has attained the age of 18, the register or clerk of the court that entered an adoption decree shall issue a certificate of adoption which states the date and place of adoption, the date of birth of the adoptee, the name of each adoptive parent, and the name of the adoptee as provided in the decree.

Vermont Law: Adoption Generally

Relevant parts of Vermont adoption law. The entire Vermont adoption statute is available here.

§ 1-102. Who may adopt or be adopted
(a) Subject to this title, any person may adopt or be adopted by another person for the purpose of creating the relationship of parent and child between them.

(b) If a family unit consists of a parent and the parent’s partner, and adoption is in the best interests of the child, the partner of a parent may adopt a child of the parent. Termination of the parent’s parental rights is unnecessary in an adoption under this subsection.

§ 1-103. Name of adoptee after adoption
The name of an adoptee designated in a decree of adoption takes effect as specified in the decree.

§ 1-104. Legal relationship between adoptee and adoptive parent after adoption
When a decree of adoption becomes final:
(1) the adoptive parent and the adoptee have the legal relation of parent and child and have all the rights and duties of that relationship including the right of inheritance and succession from or through each other and the kindred of the adoptive parent; and

(2) the adoptee is the child, heir, or issue of the adoptive parent for the purposes of interpretation or construction of a donative disposition in any instrument, whether executed before or after an adoption, unless the instrument expressly states a contrary intention or excludes the adoptee by name or by classification not based on a family or parent and child relationship.

§ 1-106. Other rights of adoptee
A decree of adoption does not affect any benefit from a third person, agency, state, Indian tribe, the United States, or any other country that is due the adoptee when the adoption decree becomes final.

§ 1-108. Recognition of adoption decree in another jurisdiction
A decree or order of adoption issued by a court of any other state which is entitled to full faith and credit in this State, or a decree or order of adoption entered by a court or administrative entity in another country acting pursuant to that country’s law or to any convention or treaty on intercountry adoption which the United States has ratified, has the same effect as a decree or order of adoption issued by a court of this State. The rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the decree or order were issued by a court of this State. 

§ 2-401. Persons whose consent to adoption is required
(a) Unless consent is not required or is dispensed with by section 2-402 of this title, in a direct placement of a minor for adoption by a parent or guardian authorized under this title to place the minor, a petition to adopt the minor may be granted only if consent to the adoption has been executed by:

(1) the woman who gave birth to the minor;

(2) the biological father identified by the mother or as otherwise known to the court;

(3) a man who is or has been married to the woman if the minor was born during the marriage or within 300 days after the marriage was terminated or a court issued a decree of separation;

(4) a man who:

(A) was not married to the minor’s mother at the time of the child’s birth;

(B) has acknowledged his paternity of the minor by executing a voluntary acknowledgment of paternity under 15 V.S.A. § 307 or has filed a notice to retain parental rights under section 1-110 of this title; and

(C) has demonstrated a commitment to the responsibilities of parenthood by establishing a custodial, personal, or financial relationship with the child, unless he was prevented from demonstrating such commitment or was unable to demonstrate such commitment; and

(5) the minor’s guardian if expressly authorized by a court to consent to the minor’s adoption; or

(6) the current adoptive or other legally recognized mother and father of the minor.

(b) Unless consent is not required under section 2-402 of this title, in a placement of a minor for adoption by an agency authorized under this title to place the minor, a petition to adopt the minor may be granted only if consent to the adoption has been executed by:

(1) the agency that placed the minor for adoption; and

(2) a person described in subsection (a) who has not relinquished the minor or had his or her parental rights terminated.

(c) Unless the court dispenses with the minor’s consent, a petition to adopt a minor who has attained 14 years of age may be granted only if, in addition to any consent required by subsections (a) and (b) of this section, the minor has executed an informed consent to the adoption.

§ 2-402. Persons whose consent not required
(a) Consent to an adoption of a minor is not required of:

(1) a person who has relinquished parental rights or guardianship powers, including the right to consent to adoption, to an agency pursuant to this part of this article;

(2) a person whose parental relationship to the minor has been judicially terminated or determined not to exist;

(3) a man who has not been married to the woman who gave birth to the minor and who, after the conception of the minor, executes a notarized statement denying paternity or disclaiming any interest in the minor and acknowledging that his statement is irrevocable when executed;

(4) the personal representative of a deceased parent’s estate; or

(5) a parent or other person who has not executed a consent or a relinquishment and who fails to file an answer or make an appearance in a proceeding for adoption or for termination of a parental relationship within the requisite time after service of notice of the proceeding.

(b) The court may dispense with the consent of:

(1) a guardian or an agency whose consent is otherwise required upon a finding that the consent is being withheld unreasonably, contrary to the best interest of a minor adoptee; or

(2) a minor adoptee who has attained 14 years of age upon a finding that it is not in the best interest of the minor to require the consent.

§ 3-505. Effect of order granting petition
(a) An order issued under this part granting the petition:

(1) terminates the relationship of parent and child between the respondent and the minor;

(2) extinguishes any right the respondent had to withhold consent to a proposed adoption of the minor or to further notice of a proceeding for adoption; and

(3) is a final order for purposes of appeal.

(b) An order issued under this part granting the petition shall not terminate an obligation for arrearages of child support.

§ 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.

§ 3-801. Report of adoption to State Registrar of Vital Records
(a) Within 30 days after a decree of adoption becomes final, the clerk of the court shall prepare, send, and certify to the State Registrar of Vital Records a report of adoption on a form prescribed by the State Registrar. The report shall include:

(1) information in the court’s record of the proceeding for adoption that is necessary to locate and identify the adoptee’s birth certificate or, in the case of an adoptee born outside the United States, evidence the court finds appropriate to consider as to the adoptee’s date and country, state, and municipality of birth, as may be available;

(2) information necessary to issue a new birth certificate for the adoptee and a request that a new certificate be issued, unless the court, the adoptive parent, or an adoptee who is 14 years of age or older requests that a new certificate not be issued; and

(3) the file number of the decree of adoption and the date on which the decree became final.

(b) Within 30 days after a decree of adoption is amended or set aside, the clerk of the court shall prepare and send to the State Registrar a report of that action on a form prescribed by the State Registrar. The report shall include information necessary to identify the original report of adoption and shall also include information necessary to amend or withdraw any new birth certificate that was issued pursuant to the original report of adoption.

§ 3-802. Issuance of new, amended birth certificate
(a) Except as otherwise provided in subsection (d) of this section, upon receipt of a report of adoption prepared pursuant to subsection 3-801(a) of this title, a report of adoption prepared in accordance with the law of another state or country, a certified copy of a decree of adoption together with information necessary to identify the adoptee’s original birth certificate and to issue a new certificate, or a report of an amended adoption prepared pursuant to subsection 3-801(b) of this title, the State Registrar shall either:

(1) for an adoptee born in this State, update the Statewide Registration System in accordance with the decree and furnish a certified copy of a new birth certificate to the adoptive parent and to an adoptee who is 14 years of age or older;

(2) for an adoptee born in another state, forward a certified copy of the report of adoption to the appropriate office of the state of birth;

(3) for an adoptee adopted in this State who was born outside the United States and was not a citizen of the United States at the time of birth, create and register in the Statewide Registration System a “certificate of live birth for a foreign born child” upon request and in the form specified in 18 V.S.A. § 5078a and furnish a certified copy of the certificate to the adoptive parent and to an adoptee who is 14 years of age or older;

(4) for an adoptee born outside the United States who was a citizen of the United States at the time of birth, notify the adoptive parent of the procedure for obtaining a revised birth certificate through the U.S. Department of State; or

(5) in the case of an amended decree of adoption, either update the Statewide Registration System in accordance with the decree and follow the procedure in subdivision (a)(1) or (3) of this section or follow the procedure in subdivision (2) or (4) of this section.

(b) Unless otherwise specified by the court, a new birth certificate or certificate of live birth for a foreign born child issued pursuant to subdivision (a)(1) or (3) or an amended certificate issued pursuant to subdivision (a)(5) of this section shall:

(1) be signed by the State Registrar;

(2) include the date, time, and place of birth of the adoptee;

(3) substitute the name of the adoptive parent for the name of the person listed as the adoptee’s parent on the original birth certificate;

(4) [Repealed.]

(5) contain any other information prescribed by the State Registrar.

(c) In the case of birth certificates registered prior to July 1, 2019 that are to be replaced or amended pursuant to subdivision (a)(1) or (5) of this section, the State Registrar shall notify the town clerk or clerks with custody of the certificate, who shall substitute the new or amended birth certificate for the original birth certificate. The original certificate and all copies of the certificate in the files shall be sealed and shall not be subject to inspection or copying until 99 years after the adoptee’s date of birth, except as provided by this title.

(d) If the court, the adoptive parent, or an adoptee who is 14 years of age or older requests that a new or amended birth certificate not be issued, the State Registrar shall not issue a new or amended certificate for an adoptee pursuant to subsection (a) of this section. Nonetheless, for an adoptee born in another state, the State Registrar shall forward a certified copy of the report of adoption or of an amended decree of adoption to the appropriate office in the adoptee’s state of birth.

(e) Upon receipt of a report that an adoption has been set aside, the State Registrar shall:

(1) for a person born in this State for whom a new birth certificate was issued, update the Statewide Registration System to reflect the original birth certificate data and, in the case of an original birth certificate registered prior to July 1, 2019, notify the town clerk or clerks with custody of the certificate, who shall seal any new or amended birth certificate issued pursuant to subsection (a) of this section, restore the original, update indexes as directed by the State Registrar, and not allow inspection or copying of the sealed certificate except upon court order or as otherwise provided in this title;

(2) for a person born in another state, forward the report to the appropriate office in the state of birth;

(3) for an adoptee born outside the United States who was not a citizen of the United States at the time of birth for whom a certificate of live birth for a foreign born child was issued, update the Statewide Registration System to reflect that the adoption was set aside; or

(4) for a former adoptee born outside the United States who was a citizen of the United States at the time of birth, notify the person who is granted legal custody of a former adoptee after an adoption is set aside of the procedure for obtaining an original birth certificate through the U.S. Department of State.

(f) Upon request by a person who was listed as a parent on an adoptee’s original birth certificate and who furnishes appropriate proof of the person’s identity, the State Registrar shall give the person a noncertified copy of the original birth certificate.

Vermont Law: Adult Adoption

The entirety of the Vermont adult adoption statute.

§ 5-101. Who may adopt adult or emancipated minor
An adult may adopt another adult or an emancipated minor pursuant to this article, but an adult may not adopt his or her spouse.

§ 5-102. Legal consequences of adoption
The legal consequences of an adoption of an adult or emancipated minor are the same as under sections 1-103 through 1-106 of this title, but the legal consequences of adoption of an adult stepchild by an adult stepparent are the same as under section 4-102 of this title.

§ 5-103. Consent by spouse
(a) Consent to the adoption of an adult or emancipated minor is required only of the spouse of the prospective adoptive parent, unless they are legally separated, or the court finds that the spouse is not capable of giving consent or is withholding consent contrary to the best interests of the adoptee and the prospective adoptive parent.

(b) The consent of the spouse of the prospective adoptive parent:

(1) shall be in writing and be signed or confirmed in the presence of the court or a person authorized to take acknowledgments;

(2) shall state that the spouse:

(A) consents to the proposed adoption; and

(B) understands the consequences the adoption may have for any right of inheritance, property, or support the spouse has; and

(3) may contain a waiver of any proceedings for adoption.

§ 5-104. Jurisdiction and venue
(a) The Probate Division of the Superior Court has jurisdiction over a proceeding for the adoption of an adult or emancipated minor under this article if a petitioner lived in this State for at least 90 days immediately preceding the filing of a petition for adoption.

(b) A petition for adoption may be filed in the Probate Division of the Superior Court in the district in which a petitioner lives.

§ 5-105. Petition for adoption
(a) A prospective adoptive parent and an adoptee under this article shall jointly file a petition for adoption.

(b) The petition shall be signed and verified by each petitioner and state:

(1) the full name, date of birth, and place and duration of residence of each petitioner;

(2) the current marital status of each petitioner, including the date and place of marriage, if married;

(3) the full name by which the adoptee is to be known if the petition is granted;

(4) the duration and nature of the relationship between the prospective adoptive parent and the adoptee;

(5) that the prospective adoptive parent and the adoptee desire to assume the legal relationship of parent and child and to have all of the rights and be subject to all of the duties of that relationship;

(6) that the adoptee understands that a consequence of the adoption will be to terminate the adoptee’s relationship as the child of an existing parent, but if the adoptive parent is the adoptee’s stepparent, the adoption will not affect the adoptee’s relationship with a parent who is the stepparent’s spouse, but will terminate the adoptee’s relationship to the adoptee’s other parent, except for the right to inherit from or through that parent;

(7) that the adoptee and the prospective adoptive parent understand the consequences the adoption may have for any right of inheritance, property, or support each person has;

(8) the name and last known address of any other person whose consent is required;

(9) the name, age, and last known address of any child of the prospective adoptive parent, including a child previously adopted by the prospective adoptive parent or his or her spouse, and the date and place of the adoption; and

(10) the name, age, and last known address of any living parent or child of the adoptee.

(c) The petitioners shall attach to the petition:

(1) a certified copy of the birth certificate or other evidence of the date and place of birth of the adoptee and the prospective adoptive parent, if available; and

(2) any required consent that has been executed.

§ 5-106. Notice and time of hearing
(a) Within 30 days after a petition for adoption is filed, the court shall serve notice of hearing the petition upon any person whose consent to the adoption is required under section 5-103 of this title, and who has not waived notice, by sending a copy of the petition and notice of hearing to the person at the address stated in the petition, or according to the manner of service provided in section 3-403 of this title.

(b) The court shall set a date and time for hearing the petition, which shall be at least 30 days after the notice is served.

§ 5-107. Dispositional hearing
(a) Both petitioners shall appear in person at the hearing unless an appearance is excused for good cause shown. In the latter event an appearance may be made for either or both of them by an attorney authorized in writing to make the appearance, or a hearing may be conducted by telephone or other electronic medium.

(b) The court shall examine the petitioners, or the attorney for a petitioner not present in person, and shall grant the petition for adoption if it determines that:

(1) at least 30 days have elapsed since the service of notice of hearing the petition for adoption;

(2) notice has been served, or dispensed with, as to any person whose consent is required under section 5-103 of this title;

(3) every necessary consent, waiver, document, or judicial order has been obtained and filed with the court;

(4) the adoption is for the purpose of creating the relationship of parent and child between the petitioners and the petitioners understand the consequences of the relationship; and

(5) there has been substantial compliance with this title.

§ 5-108. Decree of adoption
(a) A decree of adoption issued under this article shall substantially conform to the relevant requirements of section 3-705 of this title and appeals from a decree, or challenges to it, are governed by section 3-707 of this title.

(b) The court shall send a copy of the decree to each person named in the petition at the address stated in the petition.

(c) Within 30 days after a decree of adoption becomes final, the clerk of the court shall prepare a report of the adoption for the State Registrar of Vital Records, and, if the petitioners have requested it, the report shall instruct the State Registrar to issue a new birth certificate to the adoptee, as provided in Article 3, Part 8 of this title.

§ 5-109. Adoption of an adult who is incompetent
If the adult who is being adopted has been found by a court to be incompetent:

(1) the legal guardian shall join in the petition for adoption;

(2) the court may, upon recommendation of the legal guardian:

(A) waive the requirement that the adoptee join in the petition;

(B) waive the requirements of subdivisions 5-105(b)(6) and (7) of this title with respect to the adoptee; and

(C) order an evaluation as provided in subdivisions 4-110(a)-(f) of this title; and

(3) the court shall:

(A) determine whether the adoptee has expressed an opinion about the granting of the petition;

(B) ensure that the adoptee has not been coerced or subjected to duress, exploitation, or undue influence; and

(C) not grant the petition unless the adoption is in the best interests of the adoptee.