ACTS OF THE 1995-1996 VERMONT LEGISLATURE

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NO. 161. AN ACT RELATING TO ADOPTIONS.

(S.136)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 15A V.S.A. is added to read:

ADOPTION ACT

TABLE OF CONTENTS

ARTICLE 1. GENERAL PROVISIONS

ｧ 1-101 Definitions

ｧ 1-102 Who may adopt or be adopted

ｧ 1-103 Name of adoptee after adoption

ｧ 1-104 Legal relationship between adoptee and adoptive parent after

adoption

ｧ 1-105 Legal relationship between adoptee and former parent after

adoption

ｧ 1-106 Other rights of adoptee

ｧ 1-107 Proceedings subject to Indian Child Welfare Act

ｧ 1-108 Recognition of adoption decree in another jurisdiction

ｧ 1-109 Termination of orders and agreements for visitation or

communication upon adoption

ｧ 1-110 Notice of intent to retain parental rights

ｧ 1-111 Mental health and educational services

ｧ 1-112 Family court jurisdiction

ARTICLE 2. ADOPTION OF MINORS

PART 1. PLACEMENT OF MINORS FOR ADOPTION

ｧ 2-101 Who may place minor for adoption

ｧ 2-102 Direct placement for adoption by parent or guardian

ｧ 2-103 Placement for adoption by agency

ｧ 2-104 RESERVED

ｧ 2-105 Disclosure of information on background

ｧ 2-106 Interstate placement

ｧ 2-107 Intercountry placement

PART 2. PREPLACEMENT EVALUATION

ｧ 2-201 Preplacement evaluation required

ｧ 2-202 Preplacement evaluator

ｧ 2-203 Timing and content of preplacement evaluation

ｧ 2-204 Determining suitability to be adoptive parent

ｧ 2-205 Filing and copies of preplacement evaluation

ｧ 2-206 Review of evaluation

ｧ 2-207 Action by department

PART 3. RESERVED

PART 4. CONSENT TO AND RELINQUISHMENT FOR ADOPTION

ｧ 2-401 Persons whose consent to adoption is required

ｧ 2-402 Persons whose consent not required

ｧ 2-403 Persons who may relinquish minor

ｧ 2-404 Time and prerequisites for execution of consent or relinquishment

ｧ 2-405 Procedure for execution of consent or relinquishment

ｧ 2-406 Content of consent or relinquishment

ｧ 2-407 Consequences of consent or relinquishment

ｧ 2-408 Revocation of consent

ｧ 2-409 Revocation of relinquishment

ARTICLE 3. GENERAL PROCEDURE FOR ADOPTION

PART 1. JURISDICTION AND VENUE

ｧ 3-101 Jurisdiction

ｧ 3-102 Venue

ｧ 3-103 Transfer, stay, or dismissal

PART 2. GENERAL PROCEDURAL PROVISIONS

ｧ 3-201 Appointment of attorney or guardian ad litem

ｧ 3-202 RESERVED

ｧ 3-203 Confidentiality of proceedings

ｧ 3-204 Custody during pendency of proceeding

ｧ 3-205 Removal of adoptee from state

ｧ 3-206 Joinder of termination action

ｧ 3-207 Consolidation and coordination

ｧ 3-208 Use of initials

PART 3. PETITION FOR ADOPTION OF MINOR

ｧ 3-301 Standing to petition to adopt

ｧ 3-302 Time for filing petition

ｧ 3-303 Caption of petition

ｧ 3-304 Content of petition

ｧ 3-305 Required documents

PART 4. NOTICE OF PENDENCY OF PROCEEDING

ｧ 3-401 Service of notice

ｧ 3-402 Content of notice

ｧ 3-403 Manner and effect of service

ｧ 3-404 Investigation and notice to unknown father

ｧ 3-405 Waiver of notice

ｧ 3-406 Filing proof of service

PART 5. PETITION TO TERMINATE

RELATIONSHIP BETWEEN PARENT AND CHILD

ｧ 3-501 Authorization

ｧ 3-502 Time and content of petition

ｧ 3-503 Service of petition and notice

ｧ 3-504 Grounds for terminating relationship of parent and child

ｧ 3-505 Effect of order granting petition

ｧ 3-506 Effect of order denying petition

PART 6. EVALUATION OF ADOPTEE

AND PROSPECTIVE ADOPTIVE PARENT

ｧ 3-601 Evaluation during proceeding for adoption

ｧ 3-602 Content of post placement evaluation

ｧ 3-603 Time and filing of evaluation

PART 7. DISPOSITIONAL HEARING; DECREE OF ADOPTION

ｧ 3-701 Time for hearing on petition

ｧ 3-702 Disclosure of fees and charges

ｧ 3-703 Granting petition for adoption

ｧ 3-704 Denial of petition for adoption

ｧ 3-705 Decree of adoption

ｧ 3-706 Applicability of rules of probate procedure; expeditious hearing of

appeals; motion for relief from decree or order; no stay on appeal

ｧ 3-707 Finality of decree

PART 8. BIRTH CERTIFICATE

ｧ 3-801 Report of adoption

ｧ 3-802 Issuance of new birth certificate

ARTICLE 4. ADOPTION OF MINOR STEPCHILD BY STEPPARENT

ｧ 4-101 Standing to adopt minor stepchild

ｧ 4-102 Legal consequences of adoption of stepchild

ｧ 4-103 Consent to adoption

ｧ 4-104 Content of consent by stepparent's spouse

ｧ 4-105 Content of consent by minor's other parent

ｧ 4-106 Content of consent by other persons

ｧ 4-107 Petition to adopt

ｧ 4-108 Required documents

ｧ 4-109 Notice of pendency of proceeding

ｧ 4-110 Evaluation of stepparent

ｧ 4-111 Dispositional hearing: decree of adoption

ｧ 4-112 Visitation agreement and order

ｧ 4-113 Other provisions applicable to adoption of stepchild

ARTICLE 5. ADOPTION OF ADULTS AND EMANCIPATED MINORS

ｧ 5-101 Who may adopt adult or emancipated minor

ｧ 5-102 Legal consequences of adoption

ｧ 5-103 Consent by spouse

ｧ 5-104 Jurisdiction and venue

ｧ 5-105 Petition for adoption

ｧ 5-106 Notice and time of hearing

ｧ 5-107 Dispositional hearing

ｧ 5-108 Decree of adoption

ｧ 5-109 Adoption of an incompentent adult

ARTICLE 6. RECORDS OF ADOPTION PROCEEDING:

RETENTION, CONFIDENTIALITY, AND ACCESS

ｧ 6-101 RESERVED

ｧ 6-102 Records confidential, court records sealed

ｧ 6-103 Adoption registry

ｧ 6-104 Release of nonidentifying information

ｧ 6-105 Disclosure of identifying information

ｧ 6-106 Request for nondisclosure

ｧ 6-107 Release of original birth certificate

ｧ 6-108 Certificate of adoption

ｧ 6-109 Disclosure authorized in course of employment

ｧ 6-110 Fee for services

ｧ 6-111 Public notice of statutory change

ｧ 6-112 Action for disclosure of information

ARTICLE 7. PROHIBITED AND PERMISSIBLE

ACTIVITIES IN CONNECTION WITH ADOPTION

ｧ 7-101 Enforcement

ｧ 7-102 Unauthorized disclosure of information

ｧ 7-103 Lawful payments related to adoption

ｧ 7-104 Charges by agency

ｧ 7-105 Prohibited payments related to adoption

ARTICLE 1. GENERAL PROVISIONS

ｧ 1-101. DEFINITIONS

In this title:

(1) AAdoptee@ means a person who is adopted or is to be adopted.

(2) AAdult@ means a person who has attained 18 years of age.

(3) AAgency@ means the department or a child placing public or private entity that is licensed in this state to place minors for adoption.

(4) AChild@ means a minor or adult son or daughter, by birth or adoption.

(5) AChild 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 handicap, because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption or medical assistance.

(6) ACourt,@ with reference to a court of this state, means the probate court.

(7) ADepartment@ means the department of social and rehabilitation services.

(8) AFormer parent@ means the parent of the adoptee, whose rights were terminated, voluntarily or involuntarily.

(9) AGuardian@ 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) AIdentifying information@ means any information which might establish thecurrent 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) ALegal 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) AMinor@ means a person who has not attained 18 years of age.

(13) AParent@ means a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under section

2-401(a)(1)-(4), or (6). The term does not include a person whose parental relationship to a child has been terminated judicially or by operation of law.

(14) APhysical custody@ means the physical care and supervision of a minor.

(15) APlace 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) ARecords@ means all documents, exhibits and data pertaining to an adoption, whether collected prior to or after the decree of adoption.

(17) ARegistry@ means the adoption registry administered by the department.

(18) ARelative@ 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) ARelinquishment@ 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) ASibling@ means a full or half brother or sister.

(21) AState@ 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) AStepparent@ 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.

(23) ASupervisor of vital records@ means the supervisor of vital records registration of the department of health.

ｧ 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 interest 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.

ｧ 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.

ｧ 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.

ｧ 1-105. LEGAL RELATIONSHIP BETWEEN ADOPTEE AND FORMER

PARENT AFTER ADOPTION

(a) When a decree of adoption becomes final:

(1) all parental rights and duties of each former parent of the adoptee terminate, including the right of inheritance and intestate succession from or through the adoptee, but not including the duty to make past-due payments for child support;

(2) an adoptee's right of inheritance through intestacy from or through each former parent and the kindred of each former parent terminates; and

(3) the adoptee is not the child, descendant, heir, or issue of a former parent for the purpose of interpretation or construction of a donative disposition in any instrument, whether executed before or after the adoption, unless the document:

(A) expressly states a contrary intention; or

(B) includes the adoptee by name or other means which identifies the adoptee.

(b) If a donative instrument includes an adoptee as provided for in subdivision (a)(3)(B) of this section, a public custodian of adoption records is authorized to release information to the probate court to assist in the identification or location of the adoptee.

ｧ 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.

ｧ 1-107. PROCEEDINGS SUBJECT TO INDIAN CHILD WELFARE ACT

The federal Indian Child Welfare Act, 25 U.S.C. Sections 1901 et seq., governs any proceeding under this title that pertains to an Indian child, as defined by the Indian Child Welfare Act, and prevails over any inconsistent provision of this title.

ｧ 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.

ｧ 1-109. TERMINATION OF ORDERS AND AGREEMENTS FOR

VISITATION OR COMMUNICATION UPON ADOPTION

When a decree of adoption becomes final, except as provided in Article 4, any order or agreement for visitation or communication with the minor shall be unenforceable.

ｧ 1-110. NOTICE OF INTENT TO RETAIN PARENTAL RIGHTS

(a) At any time, a parent or alleged parent of a child born in this state may file in any probate court in this state a notice of intent to retain parental rights. The noticeshall specify the name and address of the person filing it, the name and last known address of the other parent of the minor, the name of the minor, if known, and the date or approximate date of the minor's date of birth.

(b) Each probate court shall forward a notice filed with that court under subsection (a) of this section, to the probate court in the district of Chittenden, which shall serve as a central repository for all such notices.

(c) When a petition to adopt a minor is filed in this state, the register of the probate court in which it is filed shall determine as of the date of the petition whether or not a notice has been filed under this section with respect to the minor to be adopted.

ｧ 1-111. MENTAL HEALTH AND EDUCATIONAL SERVICES

(a) Within six months of the effective date of this title, the agency of human services shall adopt standards for certification of adoption counselors. These standards shall include a description of:

(1) the prerequisites to application for certification including qualification to practice in the social work or the mental health field in an agency, a community mental health center, or in the private sector;

(2) the nature and duration of professional experience which may qualify applicants for certification without further training and examination;

(3) the training and examination process which will be made available to applicants who do not qualify for certification under subsection (a)(2) of this subsection. Training and examination shall be made available to applicants at least annually.

(b) The cost of certification shall be borne by the applicant for certification.

(1) a list of certified adoption counselors;

(2) information about access to identifying and nonidentifying information contained in confidential adoption records;

(3) educational brochures on adoption, including legal and psychological issues.

ｧ 1-112. FAMILY COURT JURISDICTION

The family court shall have jurisdiction to hear and dispose of issues pertaining to parental rights and responsibilities, parent-child contact and child support in accordance with the provisions of chapter 11 of Title 15 under the following circumstances:

(1) If two unmarried persons, who have adopted a minor child, terminate their domestic relationship; or

(2) If two unmarried persons, one of whom has adopted a minor child of the other, terminate their domestic relationship.

ARTICLE 2. ADOPTION OF MINORS

PART 1. PLACEMENT OF MINORS FOR ADOPTION

ｧ 2-101. WHO MAY PLACE MINORS FOR ADOPTION

(a) The only persons who may place a minor for adoption are:

(1) a parent having legal and physical custody of the minor, as provided in subsections (b) and (c);

(2) a guardian expressly authorized by the court to place the minor for adoption;

(3) an agency to which the minor has been relinquished for purposes of adoption; or

(4) an agency expressly authorized to place the minor for adoption by a court order terminating the relationship between the minor and the minor's parent or guardian.

(b) Except as provided in subsection (c), a parent having legal and physical custody of a minor may place the minor for adoption, even if the other parent has not executed a consent or a relinquishment or the other parent's relationship to the minor has not been terminated.

(c) A parent having legal and physical custody of a minor may not place the minor for adoption if the other parent has legal custody or a right of visitation with the minor and that parent's whereabouts are known, unless that parent agrees in writing to the placement or, before the placement, the parent who intends to place the minor sends notice of the intended placement by certified mail to the other parent's last known address.

(d) An agency authorized under this title to place a minor for adoption may place the minor for adoption, even if only one parent has executed a relinquishment or has had his or her parental relationship to the minor terminated.

ｧ 2-102. DIRECT PLACEMENT FOR ADOPTION BY PARENT OR

GUARDIAN

(a) A parent or guardian authorized to place a minor for adoption may place the minor only with a prospective adoptive parent who has a valid favorable preplacement evaluation or for whom a preplacement evaluation is not required.

(b) A parent or guardian shall personally select a prospective adoptive parent.

(c) A parent or guardian may be assisted by another person in locating a prospective adoptive parent or in transferring legal and physical custody to a prospective adoptive parent.

(d) A prospective adoptive parent may be assisted by another person in locating a minor who is available for adoption.

(e) A prospective adoptive parent shall furnish a copy of the preplacement evaluation to the parent or guardian. The evaluation may be edited to exclude identifying information.

(f) If, at the time of the minor's placement for adoption, the parent or guardian has not executed a consent to adoption, the parent or guardian will furnish to the prospective adoptive parent a signed statement that:

(1) the transfer of custody is for the purpose of adoption;

(2) the parent or guardian has been informed of the provisions of this title relevant to placement for adoption, consent and termination of parental rights;

(3) the prospective adoptive parent is authorized to provide support and medical care for a specific period of time.

(g) The prospective adoptive parent shall acknowledge in writing responsibility for the minor's medical and other care and support and for returning the minor to the custody of the parent or guardian if the consent is not executed within the time specified.

ｧ 2-103. PLACEMENT FOR ADOPTION BY AGENCY

(a) An agency authorized to place a minor for adoption shall furnish to a person who inquires about its services a written statement of its services, including the agency's procedure for selecting a prospective adoptive parent for a minor, the role of the parent or guardian in the selection and a schedule of its fees.

(b) A parent shall be informed that he or she may indicate preferences for the selection of the adoptive parent, and may be involved in the selection of the adoptive parent.

(c) An agency that places a minor for adoption shall authorize in writing the prospective adoptive parent to provide support and medical and other care for the minor pending entry of a decree of adoption. The prospective adoptive parent shall acknowledge in writing responsibility for the minor's support and medical and other care.

(d) An agency shall inform the adoptive parents about any known unique requirements or special needs of the child and the services available to assist with meeting those needs, including any adoption subsidy for which the child may be eligible.

(e) Upon request by a parent who has relinquished a minor child pursuant to Part 4, the agency shall promptly inform the parent as to whether the minor has been placed for adoption, whether a petition for adoption has been granted, denied, or withdrawn, and, if the petition was not granted, whether another placement has been made.

ｧ 2-104. RESERVED

ｧ 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 suffered 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 court when the petition for adoption is filed. Upon finalization of an adoption, the probate court shall file a copy of the report with the adoption registry.

ｧ 2-106. INTERSTATE PLACEMENT

An adoption in this state of a minor brought into this state from another state by a prospective adoptive parent, or by a person who places the minor for adoption in this state, is governed by the laws of this state, including this title and the Interstate Compact on the Placement of Children.

ｧ 2-107. INTERCOUNTRY PLACEMENT

An adoption in this state of a minor brought into this state from another country by a prospective adoptive parent, or by a person who places the minor for adoption in this state, is governed by this title, subject to any convention or treaty on intercountry adoption which the United States has ratified and any relevant federal law.

PART 2. PREPLACEMENT EVALUATION

ｧ 2-201. PREPLACEMENT EVALUATION REQUIRED

(a) Except as otherwise provided in subsections (c) and (d), only a person for whom a favorable written preplacement evaluation has been prepared may accept custody of a minor for purposes of adoption.

(b) An evaluation is valid if it was completed or updated within the 12 months preceding the placement of the minor with the person for adoption.

(c) A court may waive the requirement of a preplacement evaluation for good cause shown, but a person who is the subject of a waiver shall be evaluated during the pendency of a proceeding for adoption.

(d) A preplacement evaluation is not required if a parent or guardian places a minor directly with a relative of the minor for purposes of adoption, but an evaluation of the relative is required during the pendency of a proceeding for adoption.

ｧ 2-202. PREPLACEMENT EVALUATOR

(a) A preplacement evaluation may be prepared only by a person who is qualified by the department to make the evaluation or who meets the qualifications of an evaluator and is appointed by the court.

(b) An evaluator may charge a reasonable fee, based on time spent, for preparing an evaluation, even if the person being evaluated requests that it not be completed.

ｧ 2-203. TIMING AND CONTENT OF PREPLACEMENT EVALUATION

(a) A person requesting a preplacement evaluation need not have located a prospective minor adoptee when the request is made, and the person may request more than one evaluation.

(b) A preplacement evaluation shall be completed within 60 days after it is requested unless extended by the court. An evaluator shall give priority to a request from a person who has located a prospective adoptee.

(c) A preplacement evaluation shall be based upon a personal interview and visit at the residence of the person being evaluated, personal interviews or correspondence with others who know the person and may have information relevant to the evaluation, and theinformation required by subsection (d).

(d) A preplacement evaluation shall contain the following information about the person being evaluated:

(1) age and date of birth, nationality, racial or ethnic background, and any religious affiliation;

(2) marital status and family history, including the age and location of any child of the person and the identity of and relationship to anyone else living in the person's household;

(3) parenting experience;

(4) physical and mental health, and any history of abuse of alcohol or drugs;

(5) educational and employment history and any special skills;

(6) property and income, including outstanding financial obligations as indicated in a current credit report or financial statement furnished by the person;

(7) any previous request for an evaluation or involvement in an adoptive placement and the outcome of the evaluation or placement as confirmed by the department;

(8) whether the person has been subject to an abuse prevention order issued under 15 V.S.A. ｧ 1103 or 1104, charged with or convicted of domestic assault in violation of 13 V.S.A. ｧ 1042 (domestic assault), ｧ 1043 (first degree aggravated domestic assault), or ｧ 1044 (second degree aggravated domestic assault) or the subject of a substantiated complaint filed with the department, or subject to a court order restricting the person's right to parental rights and responsibilities or parent-child contact with a child;

(9) whether the person has been convicted of a crime other than a minor traffic violation;

(10) whether the person has located a parent interested in placing a minor with the person for adoption and, if so, a brief description of the parent and the minor;

(11) reason for and attitude about adoption;

(12) whether the person is in noncompliance with a child support order; and

(13) any other fact or circumstance that may be relevant in determining whether theperson is suited to be an adoptive parent, including the quality of the environment in the home, and the functioning of other children in the person's household.

(e) A person being evaluated shall submit to fingerprinting and sign a release permitting the evaluator to obtain from an appropriate law enforcement agency any record indicating that the person has been convicted of a crime other than a minor traffic violation.

(f) A person being evaluated shall, at the request of the evaluator, sign any release necessary for the evaluator to obtain information required by subsection (d).

ｧ 2-204. DETERMINING SUITABILITY TO BE ADOPTIVE PARENT

(a) An evaluator shall assess the information required by section 2-203 to determine whether it raises a concern that placement of any minor, or a particular minor, in the home of the person would pose a risk of harm to the physical or psychological well-being of the minor.

(b) If an evaluator determines that the information assessed does not raise a concern that placement of any minor, or a particular minor, in the home of the person would pose a risk of harm to the physical or psychological well-being of the minor, the evaluator shall find that the person is suited to be an adoptive parent. The evaluator may comment about any factor that in the evaluator's opinion makes the person suited in general or for a particular minor.

(c) If an evaluator determines that the information assessed raises a concern that placement of any minor, or a particular minor, in the home of the person would pose a risk of harm to the physical or psychological well-being of the minor, the evaluator, on the basis of the original or any further investigation, shall find that the person is or is not suited to be an adoptive parent. The evaluator shall support the finding with a written explanation.

ｧ 2-205. FILING AND COPIES OF PREPLACEMENT EVALUATION

(a) If a preplacement evaluation contains a finding that a person is suited to be an adoptive parent, the evaluator shall give the person a signed copy of the evaluation. At the person's request, the evaluator shall furnish a copy of the evaluation to a personauthorized under this title to place a minor for adoption and, unless the person requests otherwise, edit the copy to exclude identifying information.

(b) If a preplacement evaluation contains a finding that a person is not suited to be an adoptive parent of any minor, or a particular minor, the evaluator shall immediately give a signed copy of the evaluation to the person and to the department. The department shall retain for 10 years the copy and a copy of any court order concerning the evaluation issued pursuant to section 2-206 or 2-207.

(c) An evaluator shall retain for two years the original of a completed or incomplete preplacement evaluation and a list of every source for each item of information in the evaluation.

(d) An evaluator who conducted an evaluation in good faith under this part or under Part 6 of Article 3 is not subject to civil liability for anything contained in the evaluation.

ｧ 2-206. REVIEW OF EVALUATION

(a) Within 90 days after a person receives a preplacement evaluation with a finding that he or she is not suited to be an adoptive parent, the person may petition the probate court for review of the evaluation.

(b) If the court determines that the petitioner has failed to prove suitability by a preponderance of the evidence, it shall order that the petitioner not be permitted to adopt a minor and shall send a copy of the order to the department to be retained with the copy of the original evaluation. If, at the time of the court's determination, the petitioner has custody of a minor for purposes of adoption, the court shall make an appropriate order for the care and custody of the minor.

(c) If the court determines that the petitioner has proved suitability, the court shall find the petitioner suitable to be an adoptive parent and the petitioner may commence or continue a proceeding for adoption of a minor. The court shall send a copy of its order to the department to be retained with the copy of the original evaluation.

ｧ 2-207. ACTION BY DEPARTMENT

If, before a decree of adoption is issued, the department learns from an evaluator or another person that a minor has been placed for adoption with a person who is the subjectof a preplacement evaluation on file with the department containing a finding of unsuitability, the department shall immediately review the evaluation and investigate the circumstances of the placement and may request that the person return the minor to the custody of the person who placed the minor or to the department. If the person refuses to return the minor, the department shall immediately commence an action or proceeding to remove the minor from the home of the person and, pending a hearing, the court shall make an appropriate order for the care and custody of the minor.

PART 3. RESERVED

PART 4. CONSENT TO AND RELINQUISHMENT FOR ADOPTION

ｧ 2-401. PERSONS WHOSE CONSENT TO ADOPTION IS REQUIRED

(a) Unless consent is not required or is dispensed with by section 2-402, 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. ｧ 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 wasprevented 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, 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), the minor has executed an informed consent to the adoption.

ｧ 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 fortermination 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.

ｧ 2-403. PERSONS WHO MAY RELINQUISH MINOR

A parent or guardian whose consent to the adoption of a minor is required by section 2-401 may relinquish to an agency all rights with respect to the minor, including legal and physical custody and the right to consent to the minor's adoption.

ｧ 2-404. TIME AND PREREQUISITES FOR EXECUTION OF CONSENT OR

RELINQUISHMENT

(a) A parent whose consent to the adoption of a minor is required by section 2-401 may not execute a consent or a relinquishment sooner than 36 hours after the minor is born. A parent who executes a consent or relinquishment may revoke the consent or relinquishment within 21 days after the consent or relinquishment is executed by filing a written notice in the court in which the consent was executed.

(b) A guardian may execute a consent to the adoption of a minor or a relinquishment at any time after being authorized by a court to do so.

(c) An agency that places a minor for adoption may execute its consent at any time before or during the hearing on the petition for adoption.

(d) A minor adoptee whose consent is required may execute a consent at any time at or before the hearing on the petition for adoption.

(e) Before executing a consent or relinquishment, a parent shall have been informed of the meaning and consequences of adoption, the availability of personal and legal counseling, the consequences of misidentifying the other parent, the procedure forreleasing information about the health and other characteristics of the parent which may affect the physical or psychological well-being of the adoptee, and the procedure for the release of the parent's identity pursuant to Article 6.

ｧ 2-405. PROCEDURE FOR EXECUTION OF CONSENT OR RELINQUISHMENT

(a) A consent or relinquishment executed by a parent or guardian under this title shall be signed in the presence of:

(1) a judge of a court that has jurisdiction over adoption proceedings in this or in any other state;

(2) a person appointed by a probate judge to take consents or relinquishments;

(3) a commissioned officer on active duty in the military service of the United States, if the person executing the consent or relinquishment is in military service; or

(4) an officer of the foreign service or a consular officer of the United States in another country, if the person executing the consent or relinquishment is in that country.

(b) A consent executed by a minor adoptee shall be signed in the presence of the judge before whom the proceeding is pending.

(c) A parent who is a minor is competent to execute a consent or relinquishment if the parent has had the advice of an attorney who is not representing an adoptive parent or the agency to which the parent's child is relinquished. The attorney shall be present when the consent or relinquishment is executed.

(d) A person before whom a consent or relinquishment is signed under subsection (a) shall certify in writing that he or she orally explained the contents and consequences of the consent or relinquishment, and to the best of the person's knowledge or belief, the person executing the consent or relinquishment:

(1) read or was read the consent or relinquishment and understood it;

(2) signed the consent or relinquishment voluntarily;

(3) received or was offered a copy of the consent or relinquishment and the information described in section 2-404(e);

(4) if a parent, understands that personal counseling was available by a certifiedadoption counselor or other counselor of his or her choice;

(5) if a parent who is a minor, was advised by an attorney who is not representing an adoptive parent or the agency to which the parent's child is being relinquished, or, if an adult, was informed of the right to have an attorney who is not representing an adoptive parent or an agency to which the parent's child is being relinquished;

(6) if a mother who has not identified a biological father, has responded to inquiries under section 3-404; and

(7) if a parent who has identified another parent who is deceased, has provided the names and addresses of persons described in section 3-401(a)(6).

(e) A prospective adoptive parent named or described in a consent to the adoption of a minor shall sign a statement indicating an intention to adopt the minor, acknowledging an obligation to return legal and physical custody of the minor to the minor's parent if the parent revokes the consent within the time specified in section 2-404(a), and acknowledging responsibility for the minor's support and medical and other care if the consent is not revoked.

(f) If an agency accepts a relinquishment, an employee of the agency shall sign a statement accepting the relinquishment, acknowledging its obligation to return legal and physical custody of the child to the minor's parent if the parent revokes the relinquishment within the time indicated in section 2-404(a), and acknowledging responsibility for the minor's support and medical and other care if the relinquishment is not revoked.

(g) A person before whom a consent or a relinquishment is signed or confirmed shall certify having received the statements required by subsections (e) and (f) of this section.

(h) A consent by an agency to the adoption of a minor in the agency's legal custody shall be executed by the head of the agency or a person authorized by the agency and shall be signed or confirmed under oath in the presence of a person authorized to take acknowledgments.

(i) A consent or relinquishment executed in another state or country is valid if in accordance with this title or with the law and procedure of the state or country in which executed.

ｧ 2-406. CONTENT OF CONSENT OR RELINQUISHMENT

(a) A consent or relinquishment required from a parent or guardian under this title shall be in writing and contain, in plain English or, if the native language of the parent or guardian is a language other than English, in that language:

(1) the name, date of birth, and current mailing address of the individual executing the consent or relinquishment;

(2) the date of birth and the name of the minor adoptee;

(3) if a consent, the name, address, and telephone number of the attorney representing the prospective adoptive parent with whom the individual executing the consent has placed or intends to place the minor for adoption;

(4) if a relinquishment, the name, address, and telephone number of the agency to which the minor is being relinquished;

(5) specific instructions as to how to revoke the consent or relinquishment and how to commence an action to set it aside;

(6) the name and address of the court, if known to the parent, in which the petition for adoption has been or will be filed, or if unknown to the parent, the name and address of a court in which a motion to set aside a consent on the ground of fraud or coercion may be filed.

(b) A consent shall state that the parent or guardian executing the document is voluntarily and unequivocally consenting to the transfer of legal and physical custody to, and the adoption of the minor by, a specific adoptive parent whom the parent or guardian has selected.

(c) A relinquishment shall state that the individual executing the relinquishment voluntarily consents to the permanent transfer of legal and physical custody of the minor to the agency for the purposes of adoption.

(d) A consent or relinquishment shall state:

(1) an understanding that after the consent or relinquishment is executed in substantial compliance with section 2-405, it is final and, except under a circumstance stated in section 2-408, 2-409, or subsection (e) of this section may not be revoked or set aside for any reason, including the failure of an adoptive parent to permit the individual executing the consent or relinquishment to visit or communicate with the minor adoptee;

(2) an understanding that the consent or relinquishment will extinguish all parental rights and obligations the individual executing the consent or relinquishment has with respect to the minor adoptee;

(3) an understanding that the adoption will terminate completely every aspect of the legal relationship between the adoptee and the person executing the consent or relinquishment has with respect to the minor adoptee, except for arrearages of child support, and will remain valid whether or not any agreement for visitation or communication with the minor adoptee is later performed;

(4) that the individual executing the consent or relinquishment has:

(A) received a copy of the consent or relinquishment;

(B) been advised, if a parent who is a minor, by an attorney who is not representing an adoptive parent or the agency to which the minor adoptee is being relinquished, or, if an adult, has been informed of the right to have an attorney who is not representing an adoptive parent or the agency;

(D) been advised of the obligation to provide the information required under section 2-105;

(E) if a parent, understands that personal counseling was available by a certified adoption counselor or other counselor of his or her choice; and

(F) been informed that it is in the best interest of the child to keep the court or agency informed of his or her current address and any family health problem which the parent develops or becomes aware of which could affect the child, in order for thecourt or agency to respond to any inquiry concerning the adoptee's medical or social history;

(5) that the individual executing the consent or relinquishment has not received or been promised any money or anything of value for the consent or the relinquishment, except for payments authorized by Article 7 that are itemized on a schedule attached to the consent or relinquishment;

(6) that the minor is or is not an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. Sections 1901 et seq.;

(7) that the individual believes the adoption of the minor is in the minor's best interest;

(8) that the individual who is consenting or relinquishing:

(A) does not waive notice of any proceeding for adoption; or

(B) waives notice of any proceeding for adoption; or

(9) an understanding that the adoption will make an order or agreement for visitation or communication with the minor unenforceable; and

(10) for the purpose of evaluating the reasonableness of reimbursement or expenses as provided for in section 7-103, whether the individual executing the consent or relinquishment has received any public assistance during the last 12 months.

(e) A consent or relinquishment may provide for its revocation if:

(1) another consent or relinquishment is not executed within a specified period;

(2) a court decides not to terminate another individual's parental relationship to the minor; or

(3) in a direct placement for adoption, a petition for adoption by a prospective adoptive parent, named or described in the consent, is denied or withdrawn.

ｧ 2-407. CONSEQUENCES OF CONSENT OR RELINQUISHMENT

(a) Except under a circumstance stated in section 2-408, a consent to the adoption of a minor, which consent is executed by a parent or guardian in substantial compliance with sections 2-405 and 2-406, is final and irrevocable 21 days after execution, and:

(1) unless a court orders otherwise to protect the welfare of the minor, entitles the prospective adoptive parent named or described in the consent to the legal and physical custody of the minor and imposes on that person responsibility for the support and medical and other care of the minor;

(2) terminates any responsibility of a parent who executed the consent with respect to the minor, including child support (except for arrearages) upon filing the consent with the family court that entered the child support order and notifying the office of child support; and

(3) terminates any right of a parent or guardian who executed the consent to object to the minor's adoption by the prospective adoptive parent unless otherwise provided in the consent.

(b) Except under a circumstance stated in section 2-409, a relinquishment of a minor to an agency executed in substantial compliance with sections 2-405 and 2-406 is final and irrevocable 21 days after it is executed, and:

(1) unless a court orders otherwise to protect the welfare of the minor, entitles the agency to the legal custody of the minor until a decree of adoption becomes final;

(2) empowers the agency to:

(A) place the minor for adoption;

(B) consent to the minor's adoption; and

(3) terminates any responsibility of the person who executed the relinquishment with respect to the minor, including child support (except for arrearages) upon filing the relinquishment with the family court that entered the child support order notifying the office of child support; and

(4) terminates any right of the person who executed the relinquishment to object to the minor's adoption and, unless otherwise provided in the relinquishment, any right to notice of the proceeding for adoption.

ｧ 2-408. REVOCATION OF CONSENT

(a) In a direct placement of a minor for adoption by a parent or guardian, and before the adoption is finalized, a consent is revoked if:

(1) within 21 days after the consent is executed, a parent who executed the consent notifies the court in writing that the parent revokes the consent, or the parent complies with any other instructions for revocation specified in the consent; or

(2) the person who executed the consent and the prospective adoptive parent named or described in the consent agree to its revocation.

(b) In a direct placement of a minor for adoption by a parent or guardian, the court shall set aside the consent if the person who executed the consent establishes:

(1) by clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress;

(2) by a preponderance of the evidence before a decree of adoption is issued that, without good cause shown, a petition to adopt was not filed within 45 days after the minor was placed for adoption, unless the 45-day period was extended by the court, in which event the petition to adopt was not filed within the extended period set by the court; or

(3) by a preponderance of the evidence, that a condition permitting revocation has occurred, as expressly provided for in the consent pursuant to section 2-406.

(c) If the consent of a person who had legal and physical custody of a minor when the minor was placed for adoption or when the consent was executed is revoked, the prospective adoptive parent shall immediately return the minor to the custody of the person who executed the consent and move to dismiss a proceeding for adoption or termination of the person's parental relationship to the minor. If the minor is not returned immediately, the person may petition the court named in the consent for appropriate relief. The court shall hear the petition expeditiously.

(d) If the consent of a person who had legal and physical custody of a minor when the minor was placed for adoption or when the consent was executed is set aside under subsection (b)(1), the court shall order the immediate return of the minor to the custody of the person and dismiss a proceeding for adoption.

(e) If the consent of a person who had legal and physical custody of a minor when the minor was placed for adoption or when the consent was executed is set aside under subsection (b)(2) or (3) and no ground exists under Article 3, Part 5, for terminating the relationship of parent and child between the person and the minor, the court shall dismiss a proceeding for adoption and order the immediate return of the minor to the custody of the person, unless the court finds that return will be detrimental to the minor.

(f) If the consent of a person who did not have physical custody of a minor when the minor was placed for adoption or when the consent was executed is revoked or set aside and no ground exists under Article 3, Part 5, for terminating the relationship of parent and child between the person and the minor, the court shall dismiss a proceeding for adoption and issue an order providing for the care and custody of the minor according to the best interest of the minor.

ｧ 2-409. REVOCATION OF RELINQUISHMENT

(a) A relinquishment under this title is revoked if:

(1) within 21 days after a relinquishment is executed, a parent who executed the relinquishment gives written notice to the court in which the relinquishment was signed and the agency to which the minor has been relinquished, that the parent revokes the relinquishment, or the parent complies with any other instructions for revocation specified in the relinquishment; or

(2) the person who executed the relinquishment and the agency that accepted it agree to its revocation.

(b) The court shall set aside a relinquishment if the person who executed the relinquishment establishes:

(1) by clear and convincing evidence, before a decree of adoption is issued, that the relinquishment was obtained by fraud or duress; or

(2) by a preponderance of the evidence, that a condition permitting revocation has occurred, as expressly provided for in the relinquishment pursuant to section 2-406.

(c) If a relinquishment by a person who had legal and physical custody of a minorwhen the relinquishment was executed is revoked, the agency shall immediately return the minor to the person's custody and move to dismiss a proceeding for adoption. If the minor is not returned immediately, the person may petition the court named in the relinquishment for appropriate relief. The court shall hear the petition expeditiously.

(d) If a relinquishment by a person who had legal and physical custody of a minor when the relinquishment was executed is set aside under subsection (b)(1), the court shall dismiss any proceeding for adoption and order the immediate return of the minor to the custody of the person.

(e) If a relinquishment by a person who had legal and physical custody of a minor when the relinquishment was executed is set aside under subsection (b)(2) and no ground exists under Article 3, Part 5, for terminating the relationship of parent and child between the person and the minor, the court shall dismiss a proceeding for adoption and order the immediate return of the minor to the custody of the person, unless the court finds that return will be detrimental to the minor.

(f) If a relinquishment by a person who did not have physical custody of a minor when the relinquishment was executed is revoked or set aside and no ground exists under Article 3, Part 5, for terminating the relationship of parent and child between the person and the minor, the court shall dismiss a proceeding for adoption and shall issue an order providing for the care and custody of the minor according to the best interest of the minor.

ARTICLE 3. GENERAL PROCEDURE FOR ADOPTION

PART 1. JURISDICTION AND VENUE

ｧ 3-101. JURISDICTION

(a) Except as otherwise provided in subsections (b) and (c), the probate courts of this

state have jurisdiction over a proceeding for the adoption of a minor commenced under this title if:

(1) immediately before commencement of the proceeding, the minor lived in this state with a parent, a guardian, a prospective adoptive parent, or another person acting asparent, for at least six consecutive months, including periods of temporary absence, or, in the case of a minor under six months of age, lived in this state from soon after birth with any of those persons;

(2) immediately before commencement of the proceeding, the prospective adoptive parent lived in this state for at least six consecutive months, including periods of temporary absence;

(3) the agency that placed the minor for adoption is licensed in this state and it is in the best interest of the minor that a court of this state assume jurisdiction because:

(A) the minor and the minor's parents, or the minor and the prospective adoptive parent, have a significant connection with this state; and

(B) there is available in this state substantial evidence concerning the minor's present or future care;

(4) the minor and the prospective adoptive parent are physically present in this state and the minor has been abandoned or it is necessary in an emergency to protect the minor because the minor has been subjected to or threatened with mistreatment or abuse or is otherwise neglected; or

(5) it appears that no other state would have jurisdiction under prerequisites substantially in accordance with subdivisions (1) through (4), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to hear a petition for adoption of the minor, and it is in the best interest of the minor that a court of this state assume jurisdiction.

(b) A court of this state may not exercise jurisdiction over a proceeding for adoption of a minor if at the time the petition for adoption is filed a proceeding concerning the custody or adoption of the minor is pending in a court of another state exercising jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction Act or this title, unless the proceeding is stayed by the court of the other state.

(c) If a court of another state has issued a decree or order concerning the custody of a minor who may be the subject of a proceeding for adoption in this state, a court of this state may not exercise jurisdiction over a proceeding for adoption of the minor unless:

(1) the court of this state finds that the court of the state which issued the decree or order:

(A) does not have continuing jurisdiction to modify the decree or order under jurisdictional prerequisites substantially in accordance with the Uniform Child Custody Jurisdiction Act or has declined to assume jurisdiction to modify the decree or order; or

(B) does not have jurisdiction over a proceeding for adoption substantially in conformity with subdivisions (a)(1) through (4) or has declined to assume jurisdiction over a proceeding for adoption; and

(2) the court of this state has jurisdiction over the proceeding.

(d) The probate courts of this state shall have jurisdiction over a proceeding for relinquishment, consent to adoption or termination of parental rights associated with an adoption if immediately preceding the commencement of the proceeding:

(1) the adoptee resided in this state; or

(2) the agency receiving a relinquishment is licensed as a child placing agency in this state; or

(3) the prospective adoptive parents, if known, have lived or had legal residence in this state for at least six consecutive months; or

(4) one parent of the adoptee has had legal residence in the state for at least six months; or

(5) any requirement of the Uniform Child Custody Jurisdiction Act is satisfied so as to vest the courts of the state with jurisdiction over the child.

(e) The probate courts of the state shall have jurisdiction over civil actions concerning disclosure of identifying information pursuant to Article 6 and construction and enforcement of adoption decrees and orders, and except as provided in section 7-101, all other civil actions arising under this title.

(f) Nothing in this section shall be construed to remove jurisdiction from the family court over relinquishments or termination of parental rights under 33 V.S.A. chapter 55.

ｧ 3-102. VENUE

(a) Except as provided in subsection (b), a petition for adoption may be filed in theprobate court in the district in which a petitioner resides or has legal residence at the time of filing, the adoptee resides, or an office of an agency or the department that placed the adoptee is located.

(b) A consent or petition for relinquishment or termination of parental rights may be filed in the probate court in the district in which the minor resides, a relinquishing parent resides, or the agency or person receiving the relinquishment has its principal place of business.

(c) Review of the appeal of a preplacement assessment shall take place in the probate court in the district in which the appealing party resides or where the agency or person conducting the assessment is located.

ｧ 3-103. TRANSFER, STAY, OR DISMISSAL

If the court, on its own motion or on motion of a party to the proceeding for adoption, finds in the interest of justice that the matter should be heard in another forum where venue lies under section 3-102, the court may transfer, stay, or dismiss the proceeding, subject to any further conditions imposed by the court.

PART 2. GENERAL PROCEDURAL PROVISIONS

ｧ 3-201. APPOINTMENT OF ATTORNEY OR GUARDIAN AD LITEM

(a) In a proceeding under this title which may result in the termination of a relationship of parent and child, the court shall appoint an attorney for any indigent, minor, or incompetent person who appears in the proceeding and whose parental relationship to a child may be terminated, unless the court finds that the minor or incompetent person has sufficient financial means to hire an attorney, or the indigent person declines to be represented by an attorney.

(b) The court shall appoint a guardian ad litem for a minor adoptee in a contested proceeding under this title and may appoint a guardian ad litem for a minor adoptee in an uncontested proceeding.

ｧ 3-202. RESERVED

ｧ 3-203. CONFIDENTIALITY OF PROCEEDINGS

A civil proceeding under this title shall be heard in closed court. The court may admitpersons not directly related to the proceedings on motion for good cause shown.

ｧ 3-204. CUSTODY DURING PENDENCY OF PROCEEDING

In order to protect the welfare of the minor, the court shall make an interim order for custody of a minor adoptee according to the best interest of the minor in a contested proceeding under this title for adoption or termination of a parental relationship and may make an interim order for custody in an uncontested proceeding.

ｧ 3-205. REMOVAL OF ADOPTEE FROM STATE

Before a decree of adoption is issued, a petitioner may not remove a minor adoptee for more than 30 consecutive days from the state in which the petitioner resides without the permission of the court, if the minor was placed directly for adoption, or, if an agency placed the minor for adoption, the permission of the agency.

ｧ 3-206. JOINDER OF TERMINATION ACTION

An action for termination of the legal relationship of parent and child pursuant to Part 5 of this article, may be joined with a proceeding for adoption.

ｧ 3-207. CONSOLIDATION AND COORDINATION

If another action or proceeding concerning the adoptee is pending in the family court of this state during the pendency of a proceeding for adoption under this title, then either court in which an action is pending, on its own motion or on motion of any party to the proceeding for adoption, may request that the proceeding for adoption be consolidated with the family court proceeding. Such a consolidation may be ordered by the family court receiving the adoption action, pursuant to 4 V.S.A. ｧ 455.

ｧ 3-208. USE OF INITIALS

If a person uses initials to keep the person's identity confidential as provided for under any section in this title, the court may require that person to disclose his or her identity to another party to a proceeding under this title if the court finds that such disclosure is necessary in order for the other party to exercise his or her rights in the proceeding.

PART 3. PETITION FOR ADOPTION OF MINOR

ｧ 3-301. STANDING TO PETITION TO ADOPT

(a) Except as otherwise provided in subsection (c), the only persons who havestanding 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, 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 and a petition for adoption of an emancipated minor may be filed under Article 5.

ｧ 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.

ｧ 3-303. CAPTION OF PETITION

The caption of the petition shall read AIn the Matter of the Adoption of

.@ and shall contain the name by which the adoptee will be known or initials for the adoptee.

ｧ 3-304. CONTENT OF PETITION

(a) A petition for adoption of a minor shall be signed and verified by the petitioner, filed in duplicate, and contain the following information or state why any of theinformation 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;

(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. ｧｧ 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 mayexcuse 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.

ｧ 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 section 2-405(d) and (g) 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 pendingproceeding 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.

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 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; and

(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 orguardian of the adoptee.

(b) If an item required by subsection (a) is not available, the person responsible for furnishing the item shall file an affidavit explaining its absence.

PART 4. NOTICE OF PENDENCY OF PROCEEDING

ｧ 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, 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 section 2-402(a)(3), 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) who has not been given notice;

(2) a person who has revoked a consent or relinquishment pursuant to section

2-408(a) or 2-409(a) or is attempting to have a consent or relinquishment set asidepursuant to section 2-408(b) or 2-409(b); 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.

ｧ 3-402. CONTENT OF NOTICE

A notice required by section 3-401 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.

ｧ 3-403. MANNER AND EFFECT OF SERVICE

(a) Service of the notice required by section 3-401 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 theadoption 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), 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.

ｧ 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) identifies any man who is entitled to notice under section 3-401, the court shall require notice of the proceeding to be given to him pursuant to section 3-403.

(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 thatthe lack of information about the father's medical and genetic history will be detrimental to the adoptee.

ｧ 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), 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.

ｧ 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.

PART 5. PETITION TO TERMINATE RELATIONSHIP

BETWEEN PARENT AND CHILD

ｧ 3-501. AUTHORIZATION

A petition to terminate the relationship between a parent or an alleged parent and a minor child may be filed in a proceeding for adoption under this title by:

(1) a parent or a guardian who has selected a prospective adoptive parent for a minor and who intends to place, or has placed, the minor with that person;

(2) a parent whose spouse has filed a petition under Article 4 to adopt the parent's minor child;

(3) a prospective adoptive parent of the minor who has filed a petition to adopt under this article or Article 4; or

(4) an agency that has selected a prospective adoptive parent for the minor andintends to place, or has placed, the minor with that person.

ｧ 3-502. TIME AND CONTENT OF PETITION

(a) A petition under this part may be filed at any time before entry of a decree of adoption.

(b) The petition shall be signed and verified by the petitioner, filed with the court, and state:

(1) the name and address of the petitioner;

(2) the name of the minor;

(3) the name and last known address of the parent or alleged parent whose parental relationship the petitioner seeks to terminate;

(4) the facts and circumstances forming the basis for the petition and the grounds on which termination of a parental relationship is sought;

(5) if the petitioner is a prospective adoptive parent, that the petitioner intends to proceed with the petition to adopt the minor if the petition to terminate is granted; and

(6) if the petitioner is a parent, a guardian, or an agency, that the petitioner has placed or intends to place the minor for adoption.

ｧ 3-503. SERVICE OF PETITION AND NOTICE

(a) A petition to terminate under this part and a notice of hearing on the petition shall be served upon the respondent in the manner prescribed in section 3-403.

(b) The notice of a hearing shall inform the respondent of the method for responding and that:

(1) the respondent has a right to be represented by an attorney, and may be entitled to have an attorney appointed by the court; and

(2) if the respondent fails to respond within 20 days after service and, in the case of an alleged father, fails to file a claim of paternity within 20 days after service unless a claim of paternity is pending, the respondent may not appear in or receive further notice of the proceeding for adoption or termination and that the failure to respond will result in termination of the relationship of parent and child between the respondent and the minor unless the proceeding for adoption is dismissed.

ｧ 3-504. GROUNDS FOR TERMINATING RELATIONSHIP OF PARENT

AND CHILD

(a) If a respondent answers or appears at the hearing and asserts parental rights, the court shall proceed with the hearing expeditiously. If the court finds, upon clear and convincing evidence, that any one of the following grounds exists and that termination is in the best interest of the minor, the court shall order the termination of any parental relationship of the respondent to the minor:

(1) In the case of a minor under the age of six months at the time the petition is filed, the respondent did not exercise parental responsibility once he or she knew or should have known of the minor's birth or expected birth. In making a determination under this subdivision, the court shall consider all relevant factors, which may include the respondent’s failure to:

(A) pay reasonable prenatal, natal, and postnatal expenses in accordance with his or her financial means;

(B) make reasonable and consistent payments, in accordance with his or her financial means, for the support of the minor;

(D) manifest an ability and willingness to assume legal and physical custody of the minor.

(2) In the case of a minor over the age of six months at the time the petition is filed, the respondent did not exercise parental responsibility for a period of at least six months immediately preceding the filing of the petition. In making a determination under this subdivision, the court shall consider all relevant factors, which may include the respondent’s failure to:

(A) make reasonable and consistent payments, in accordance with his or her financial means, for the support of the minor, although legally obligated to do so;

(B) regularly communicate or visit with the minor; or

(C) during any time the minor was not in the physical custody of the other parent, to manifest an ability and willingness to assume legal and physical custody ofthe minor.

(3) The respondent has been convicted of a crime of violence or has been found by a court of competent jurisdiction to have committed an act of violence which violated a restraining or protective order, and the facts of the crime or violation indicate that the respondent is unfit to maintain a relationship of parent and child with the minor.

(b) If the respondent has proved by a preponderance of the evidence that he or she had good cause for not complying with subdivision (a)(1) or (2) or that, for compelling reasons, termination is not justified under subdivision (a)(3), the court may not terminate the respondent's parental rights to a minor except upon a finding by clear and convincing evidence that any one of the following grounds exists and that termination is in the best interest of the minor:

(1) Once the respondent no longer had good cause for not complying with the requirements of subdivision (a)(1) or (2), he or she failed to assume parental responsibilities as promptly and fully as circumstances permitted.

(2) The respondent, after being afforded a reasonable opportunity to do so, would not have the ability and disposition to:

(A) provide the child with love, affection and guidance;

(B) meet the child's present and future physical and emotional needs; or

(C) provide the child with adequate food, clothing, medical care, other material needs, education, and a safe environment.

(3) At the time of the hearing the respondent has a relationship with another person who would significantly and adversely affect the child.

(4) Placing the minor in the respondent's legal or physical custody would pose a risk of substantial harm to the physical or psychological well-being of the minor because the circumstances of the minor's conception, or the respondent's behavior during the pregnancy or since the minor's birth indicates that he or she is unfit to maintain a relationship of parent and child with the minor.

(c) At the time of the hearing under this section the court shall consider the bestinterests of the child in accordance with the following criteria:

(1) the likelihood that the respondent will be able to assume or resume his or her parental duties within a reasonable period of time;

(2) the child's adjustment to his or her home, school, and community;

(3) the interaction and interrelationship of the child with his or her parents, siblings, and any other person who may significantly affect the child's best interests; and

(4) whether the parent or alleged parent has played and continues to play a constructive role, including personal contact and demonstrated love and affection, in the child's welfare.

(d) If the respondent does not answer or appear or, in the case of an alleged father, file a claim of paternity as provided in subdivision 3-503(b)(2), or cannot be notified because the person's identity or whereabouts is unknown, the court may order the termination of any parental relationship to the minor.

ｧ 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.

ｧ 3-506. EFFECT OF ORDER DENYING PETITION

(a) If the court fails to find a ground stated in section 3-504 for terminating a relationship of parent and child, the court shall deny the petition to terminate and enter an order as follows:

(1) if the parent who was not the subject of the petition executed a consent or relinquishment contingent upon termination of the other parent's relationship of parentand child, the court shall set aside the consent or relinquishment, and make an order determining the temporary physical custody of the child pursuant to sections 2-408 and 2-409; or

(2) if the parent's consent or relinquishment was not contingent, shall terminate the adoption proceeding and grant legal and physical custody of the minor to the parent who was the subject of the petition, unless the court finds by clear and convincing evidence that the prospective adoptive parent has been the primary care provider of the child for such a period of time that the harm to the child occasioned by a change in custody would likely be greater than the harm occasioned by not being parented by the parent who was the subject of the petition. In making this determination, it shall be a rebuttable presumption that it is in the best interest of the minor to be parented by the parent. Under such circumstances and notwithstanding any other provision of law, the court may make a visitation order as provided in section 4-112 of this title.

(b) An order issued under this part denying a petition to terminate a relationship of parent and child is a final order for purposes of appeal.

PART 6. EVALUATION OF ADOPTEE AND

PROSPECTIVE ADOPTIVE PARENT

ｧ 3-601. EVALUATION DURING PROCEEDING FOR ADOPTION

(a) Not later than five days after a complete petition for adoption of a minor is filed, the court shall order that an evaluation be made by:

(1) a qualified employee of the agency that placed the minor for adoption; or

(2) in a direct placement adoption, the person who made the placement evaluation or another person qualified under section 2-202.

(b) The court shall provide the evaluator with a copy of the petition for adoption and copies of relevant items filed with the petition.

ｧ 3-602. CONTENT OF POST PLACEMENT EVALUATION

(a) An evaluation shall be based on a personal interview with the petitioner in the petitioner's residence and observation of the relationship between the minor adopteeand the petitioner.

(b) An evaluation shall be in writing and contain:

(1) an account of any change in the petitioner's marital status or family history, physical or mental health, home environment, property, income, or financial obligations since the filing of the preplacement evaluation;

(2) all reasonably available information concerning the physical, mental, and emotional condition of the minor adoptee which is not included in any report on the minor's health, genetic, and social history filed in the proceeding for adoption;

(3) copies of any court order, judgment, decree, or pending legal proceeding affecting the minor adoptee, the petitioner, or any child of the petitioner;

(4) any behavior or characteristics of the petitioner which raise a concern, as described in section 2-204(a); and

(5) a recommendation concerning the granting of the petition for adoption.

ｧ 3-603. TIME AND FILING OF EVALUATION

(a) The evaluator shall complete a written evaluation and file it with the court within 60 days after receipt of the court's order for an evaluation, unless the court for good cause allows a later filing.

(b) If an evaluation produces a concern, as described in section 2-204(a), the evaluation shall be filed immediately, and shall explain why the concern poses a risk of harm to the physical or psychological well-being of the minor.

(c) An evaluator shall give the petitioner a copy of an evaluation when filed with the court and for two years shall retain a copy and a list of every source for each item of information in the evaluation.

(d) A person who prepares an evaluation may charge a reasonable fee based on the time spent in conducting and writing the evaluation.

(e) An evaluation fee is subject to review by the court.

PART 7. DISPOSITIONAL HEARING; DECREE OF ADOPTION

ｧ 3-701. TIME FOR HEARING ON PETITION

The hearing on the petition shall take place no sooner than 180 days after the minorhas been placed in the home of the adopting parent. For good cause the court may shorten the time for the hearing.

ｧ 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. 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.

ｧ 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 interest 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;

(3) every necessary consent, relinquishment, waiver, disclaimer of paternal interest, judicial order terminating parental rights, including an order issued under Part 5, 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 thecourt;

(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. ｧｧ 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 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 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.

(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), 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, 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.

ｧ 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, 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 interest of the minor.

ｧ 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 supervisor 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);

(8) the effect of the decree of adoption as stated in sections 1-104 through 1-106; and

(9) that the adoption is in the best interest 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 United States Department of State's report of birth abroad, or the documents of the United States 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) are not available, determine thedate 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, 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.

ｧ 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.

ｧ 3-707. FINALITY OF DECREE

Consistent with the best interest of an adoptee, a decree of adoption is a final order for purposes of appeal when it is entered.

PART 8. BIRTH CERTIFICATE

ｧ 3-801. REPORT OF ADOPTION

(a) Within 30 days after a decree of adoption becomes final, the clerk of the court shall prepare a report of adoption on a form furnished by the supervisor of vital records and certify and send the report to the supervisor. The report shall include:

(1) information in the court's record of the proceeding for adoption which 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 place of birth;

(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 has attained 14 years of age 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 a report of that action on a form furnished by the supervisor of vital records and shall certify and send the report to the supervisor of vital records. 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.

ｧ 3-802. ISSUANCE OF NEW BIRTH CERTIFICATE

(a) Except as otherwise provided in subsection (d), upon receipt of a report of adoption prepared pursuant to section 3-801, 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, the supervisor of vital records shall:

(1) issue a new birth certificate for an adoptee born in this state and furnish a certified copy of the new certificate to the adoptive parent and to an adoptee who has attained 14 years of age;

(2) forward a certified copy of a report of adoption for an adoptee born in another state to the supervisor of vital records of the state of birth;

(3) issue a certificate of foreign birth for an adoptee adopted in this state and who was born outside the United States and was not a citizen of the United States at the time of birth, and furnish a certified copy of the certificate to the adoptive parent and to an adoptee who has attained 14 years of age;

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

(5) in the case of an amended decree of adoption, issue an amended birth certificate according to the procedure in subdivision (a)(1) or (3) or follow the procedure in subdivision (2) or (4).

(b) Unless otherwise specified by the court, a new birth certificate issued pursuant to subdivision (a)(1) or (3) or an amended certificate issued pursuant to subdivision (a)(5) shall:

(1) be signed by the supervisor of vital records;

(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) include the filing date of the original birth certificate and the filing date of the new birth certificate;

(5) contain any other information prescribed by the supervisor of vital records.

(c) The supervisor of vital records, and any other custodian of such records, 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 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 has attained 14 years of agerequests that a new or amended birth certificate not be issued, the supervisor of vital records may not issue a new or amended certificate for an adoptee pursuant to subsection (a), but shall forward a certified copy of the report of adoption or of an amended decree of adoption for an adoptee who was born in another state to the appropriate office in the adoptee's state of birth.

(e) Upon receipt of a report that an adoption has been vacated, the supervisor of vital records shall:

(1) restore the original birth certificate for a person born in this state to its place in the files, seal any new or amended birth certificate issued pursuant to subsection (a), and not allow inspection of a sealed certificate except upon court order or as otherwise provided in this title;

(2) forward the report with respect to a person born in another state to the appropriate office in the state of birth; or

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

(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 supervisor of vital records shall give the person a noncertified copy of the original birth certificate.

ARTICLE 4. ADOPTION OF MINOR STEPCHILD BY STEPPARENT

ｧ 4-101. STANDING TO ADOPT MINOR STEPCHILD

(a) A stepparent has standing under this article to petition to adopt a minor stepchild who is the child of the stepparent's spouse if:

(1) the spouse has sole legal and physical custody of the child and the child has been in the physical custody of the spouse and the stepparent during the six months prior to the filing of a petition for adoption;

(2) the spouse has joint legal custody of the child with the child's other parentand the child has resided primarily with the spouse and the stepparent during the 12 months next preceding the filing of the petition;

(3) the spouse is deceased or mentally incompetent, but before dying or being judicially declared mentally incompetent, had legal and physical custody of the child, and the child has resided primarily with the stepparent during the 12 months prior to the filing of the petition; or

(4) an agency placed the child with the stepparent pursuant to section 2-103.

(b) For good cause shown, a court may allow a person who does not meet the requirements of subdivisions (a)(1) through (4), but has the consent of the custodial parent of a minor to file a petition for adoption under this article. A petition allowed under this subsection shall be treated as if the petitioner were a stepparent.

(c) A petition for adoption by a stepparent may be joined with a petition under Article 3, Part 5, to terminate the relationship of parent and child between a minor adoptee and the adoptee's parent who is not the stepparent's spouse.

ｧ 4-102. LEGAL CONSEQUENCES OF ADOPTION OF STEPCHILD

(a) Except as otherwise provided in subsections (b) and (c), the legal consequences of an adoption of a stepchild by a stepparent are the same as under sections 1-103 through 1-106.

(b) An adoption by a stepparent does not affect:

(1) the legal relationship between the adoptee and the adoptee's parent who is the adoptive stepparent's spouse or deceased spouse;

(2) an existing court order for visitation or communication with a minor adoptee by a person related to the adoptee through the parent who is the adoptive stepparent's spouse or deceased spouse; or

(3) a court order or agreement for visitation or communication with a minor adoptee approved by the court pursuant to section 4-112.

(c) Failure to comply with an agreement or order for visitation or communication is not a ground for challenging the validity of an adoption by a stepparent.

ｧ 4-103. CONSENT TO ADOPTION

Unless consent is not required under section 2-402, a petition to adopt a minor stepchild may be granted only if consent to the adoption has been executed by a stepchild who has attained 14 years of age; and

(1) the minor's parents as described in section 2-401(a);

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

(3) an agency that placed the minor for adoption by the stepparent.

ｧ 4-104. CONTENT OF CONSENT BY STEPPARENT'S SPOUSE

(a) A consent executed by a parent who is the stepparent's spouse shall be signed or confirmed in the presence of a person specified in section 2-405, or a person authorized to take acknowledgments.

(b) A consent under subsection (a) shall be in writing, shall contain the required statements described in section 2-406(a)(1) through (3) and shall state that:

(1) the parent executing the consent has legal and physical custody of the parent's minor child and voluntarily and unequivocally consents to the adoption of the minor by the stepparent;

(2) the adoption will not terminate the parental relationship between the parent executing the consent and the minor child;

(3) the right of the adoptee or a descendant of the adoptee to inheritance or intestate succession through or from the adoptee's former parent; and

(4) the parent executing the consent understands and agrees that the adoption will terminate the relationship of parent and child between the minor's other parent and the minor, and will terminate any existing court order for custody, visitation, or communication with the minor, but:

(A) the minor and any descendant of the minor will retain rights of inheritance from or through the minor's other parent;

(B) a court order for visitation or communication with the minor by the parent executing the consent or by a person related to the minor through that parent, or anagreement or order concerning another person which is approved by the court pursuant to section 4-112 survives the decree of adoption, but failure to comply with the terms of the order or agreement is not a ground for revoking or setting aside the consent or the adoption; and

(C) the other parent remains liable for arrearages of child support, unless released from that obligation by the parent executing the consent, any guardian ad litem of the minor, and by a governmental entity providing public assistance to the minor.

ｧ 4-105. CONTENT OF CONSENT BY MINOR'S OTHER PARENT

(a) A consent executed by a minor's parent who is not the stepparent's spouse shall be signed or confirmed in the presence of a person specified in section 2-405, or a person authorized to take acknowledgments.

(b) A consent under subsection (a) shall be in writing, shall contain the required statements described in section 2-406(a)(1) through (3) and (d)(3) through (6), and shall state that:

(1) the parent executing the consent voluntarily and unequivocally consents to the adoption of the minor by the stepparent and the transfer to the stepparent's spouse and the adoptive stepparent of any right the parent executing the consent has to legal or physical custody of the minor;

(2) the parent executing the consent understands and agrees that the adoption will terminate his or her parental relationship to the minor and will terminate any existing court order for custody, visitation, or communication with the minor, but:

(A) the minor and any descendant of the minor will retain the rights of inheritance from or through the parent executing the consent;

(B) a court order for visitation or communication with the minor by the parent executing the consent or a person related to the minor through the minor's other parent, or an agreement or order concerning another person which is approved by the courtpursuant to section 4-112 survives the decree of adoption, but failure to comply with the terms of the order or agreement is not a ground for revoking or setting aside the consent or the adoption; and

(C) the parent executing the consent remains liable for arrearages of child support, unless released from that obligation by the other parent and any guardian ad litem of the minor and by a governmental entity providing public assistance to the minor; and

(3) the parent executing the consent has provided the adoptive stepparent with applicable information required by section 2-105.

(c) A consent under subsection (a) may waive notice of the proceeding for adoption of the minor by the stepparent, unless the adoption is contested, appealed, or denied.

ｧ 4-106. CONTENT OF CONSENT BY OTHER PERSONS

(a) A consent executed by the guardian of a minor stepchild or by an agency shall be in writing and signed or confirmed in the presence of the court, or in a manner the court directs, and:

(1) shall state the circumstances under which the guardian or agency obtained the authority to consent to the adoption of the minor by a stepparent;

(2) shall contain the statements required by sections 4-104 and 4-105, except for any that can be made only by a parent of the minor; and

(3) may waive notice of the proceeding for adoption, unless the adoption is contested, appealed, or denied.

(b) A consent executed by a minor stepchild in a proceeding for adoption by a stepparent shall be signed or confirmed in the presence of the court or in a manner the court directs.

ｧ 4-107. PETITION TO ADOPT

A petition by a stepparent to adopt a minor stepchild shall be signed and verified by the petitioner and contain the following information or state why any of the information is not contained in the petition:

(1) the information required by section 3-304(a) (1), (3), (5), and (8) through(12) and (b);

(2) the current marital status of the petitioner, including the date and place of marriage, the name and date and place of birth of the petitioner's spouse, and, if the spouse is deceased, the date, place, and cause of death and, if the spouse is incompetent, the date on which a court declared the spouse incompetent;

(3) the length of time the minor has been residing with the petitioner and the petitioner's spouse and, if the minor is not in the physical custody of the petitioner and the petitioner's spouse, the reason why they do not have custody and when they intend to obtain custody; and

(4) the length of time the petitioner's spouse or the petitioner has had legal custody of the minor and the circumstances under which legal custody was obtained.

ｧ 4-108. REQUIRED DOCUMENTS

(a) After a petition to adopt a minor stepchild is filed, the following shall be filed in the proceeding:

(1) any item required by section 3-305(a) which the court determines is relevant to an adoption by a stepparent; and

(2) a copy of any agreement to waive arrearages of child support.

(b) If any of the items required by subsection (a) is not available, the person responsible for furnishing the item shall file an affidavit explaining its absence.

ｧ 4-109. NOTICE OF PENDENCY OF PROCEEDING

Within 30 days after a petition to adopt a minor stepchild is filed, the court shall serve notice of the proceeding upon:

(1) the petitioner's spouse;

(2) any other person whose consent to the adoption is required under this article;

(3) any person described in section 3-401(a)(3), (4), and (6) and (b); and

(4) the parents of the minor's parent whose parental relationship will be terminated by the adoption unless the identity or the whereabouts of those parents are unknown.

ｧ 4-110. EVALUATION OF STEPPARENT

(a) After a petition for adoption of a minor stepchild is filed, the court may order that an evaluation be made by a person qualified under section 2-202 to assist the court in determining whether the proposed adoption is in the best interest of the minor.

(b) The court shall provide an evaluator with copies of the petition for adoption and of the items filed with the petition.

(c) Unless otherwise directed by the court, an evaluator shall base the evaluation on a personal interview with the petitioner and the petitioner's spouse in the petitioner's residence, observation of the relationship between the minor and the petitioner, a personal interview with others who know the petitioner and may have information relevant to the examination, and any information received pursuant to subsection (d).

(d) An evaluation under this section shall be in writing and contain the following:

(1) the information required by section 2-203(d) and (e); and

(2) the information required by section 3-602(b)(2) through (5).

(e) Section 3-603(b) shall apply to an evaluation under this section.

(f) If the court does not order an evaluation, the preference of the minor who is less than 14 years old shall be taken into consideration, if the minor is mature enough to express a preference.

(g) Whether or not an evaluation is ordered, the court shall obtain the information required by section 2-203(d)(7)-(9).

(h) The court may charge a reasonable fee for services it performs pursuant to this section.

ｧ 4-111. DISPOSITIONAL HEARING: DECREE OF ADOPTION

Sections 3-701 through 3-707 apply to a proceeding for adoption of a minor stepchild by a stepparent, but the court may waive the requirements of section 3-702.

ｧ 4-112. VISITATION AGREEMENT AND ORDER

(a) Upon the request of the petitioner, the petitioner's spouse, the adoptee's other parent or a relative of the adoptee, the court shall review a written agreement that permits another person to visit or communicate with the minor after the decree of adoption becomes final. The agreement shall be signed by the person, the petitioner,the petitioner's spouse, the minor if 14 years of age or older, and, if an agency placed the minor for adoption, an authorized employee of the agency.

(b) The court may enter an order approving the agreement only upon determining that the agreement is in the best interest of the minor adoptee. In making this determination, the court shall consider:

(1) the preference of the minor, if the minor is mature enough to express a preference;

(2) any special needs of the minor and how they would be affected by performance of the agreement;

(3) the length and quality of any existing relationship between the minor and the person who would be entitled to visit or communicate, and the likely effect on the minor of allowing this relationship to continue;

(4) the specific terms of the agreement and the likelihood that the parties to the agreement will cooperate in performing its terms;

(5) the recommendation of the minor's guardian ad litem, attorney, social worker, or other counselor; and

(6) any other factor relevant to the best interest of the minor.

(c) In addition to any agreement approved pursuant to subsections (a) and (b), the court may approve the continuation of an existing order or issue a new order permitting the minor adoptee's former parent, grandparent, or sibling to visit or communicate with the minor if:

(1) the grandparent is the parent of a deceased parent of the minor or the parent of the adoptee's parent whose parental relationship to the minor is terminated by the decree of adoption;

(2) the former parent, grandparent, or sibling requests that an existing order be permitted to survive the decree of adoption or that a new order be issued; and

(3) the court determines that the requested visitation or communication is in the best interest of the minor.

(d) In making a determination under subsection (c)(3), the court shall consider thefactors listed in subsection (b) and any objections to the requested order by the adoptive stepparent and the stepparent's spouse.

(e) An order issued under this section may be enforced in a civil action only if the court finds that enforcement is in the best interest of a minor adoptee.

(f) An order issued under this section may not be modified unless the court finds that modification is in the best interest of a minor adoptee and:

(1) the persons subject to the order request the modification; or

(2) exceptional circumstances arising since the order was issued justify the modification.

(g) Failure to comply with the terms of an order approved under this section or with any other agreement for visitation or communication is not a ground for revoking, setting aside, or otherwise challenging the validity of a consent, relinquishment, or adoption pertaining to a minor stepchild, and the validity of the consent, relinquishment, and adoption is not affected by any later action to enforce, modify, or set aside the order or agreement.

ｧ 4-113. OTHER PROVISIONS APPLICABLE TO ADOPTION OF STEPCHILD

Except as otherwise provided by this article, Article 3 applies to an adoption of a minor stepchild by a stepparent.

ARTICLE 5. ADOPTION OF ADULTS AND EMANCIPATED MINORS

ｧ 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.

ｧ 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, but the legal consequences of adoption of an adult stepchild by an adult stepparent are the same as under section 4-102.

ｧ 5-103. CONSENT BY SPOUSE

(a) Consent to the adoption of an adult or emancipated minor is required only of thespouse 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 interest 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.

ｧ 5-104. JURISDICTION AND VENUE

(a) The probate 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 court in the district in which a petitioner lives.

ｧ 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.

(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.

ｧ 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, 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.

(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.

ｧ 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;

(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.

ｧ 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 and appeals from a decree, or challenges to it, are governed by section 3-707.

(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 supervisor of vital records, and, if the petitioners have requested it, the report shall instruct the supervisor to issue a new birthcertificate to the adoptee, as provided in Article 3, Part 8.

ｧ 5-109. ADOPTION OF AN INCOMPETENT ADULT

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 section 5-105(b)(6) and (7) with respect to the adoptee; 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

ARTICLE 6. RECORDS OF ADOPTION PROCEEDING:

RETENTION, CONFIDENTIALITY, AND ACCESS

ｧ 6-101. RESERVED

ｧ 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 register of the probate court or the clerk of the family court shall send to the registry a copy of any document signed pursuant to section 2-105.

(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.

ｧ 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;

(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.

(b) The probate court shall provide the department with the information necessary to maintain this index.

ｧ 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 subsection (a)(1), 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. 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 subsection (a)(2), 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.

ｧ 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 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 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 uponrequest:

(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.

ｧ 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. A request for nondisclosure may be withdrawn by a former parent at any time.

ｧ 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.

(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.

ｧ 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.

ｧ 6-109. DISCLOSURE AUTHORIZED IN COURSE OF EMPLOYMENT

This article does not preclude an employee of the agency or the registry from:

(1) inspecting permanent, confidential, or sealed records for the purpose of discharging any obligation under this title;

(2) disclosing the name of the court where a proceeding for adoption occurred or the name of the agency that placed an adoptee to an individual described in sections 6-104 and 6-105 who can verify his or her identity; or

(3) disclosing nonidentifying information contained in confidential or sealed records in accordance with any other applicable state or federal law.

ｧ 6-110. FEE FOR SERVICES

A court, an agency or the registry may charge a reasonable fee for services, including copying services, it performs pursuant to this article.

ｧ 6-111. PUBLIC NOTICE OF STATUTORY CHANGE

The department, with the cooperation of other departments of state government, shall make reasonable efforts to notify members of the public who may be affected by changes in statute governing the release of identifying and nonidentifying information, including:

(1) informing the general public by submitting press releases to the news media in Vermont and other states;

(2) informing adoptee, birth parent and genealogy groups in Vermont and other states;

(3) including information in motor vehicle registration and license renewals;

(4) including information in appropriate locations on the Internet; and

(5) contacting the adoption coordinators in each state and determining what agencies or groups in that state should be notified.

ｧ 6-112. ACTION FOR DISCLOSURE OF INFORMATION

(a) A person denied disclosure of information under section 6-104, 6-105(b)(1) or (2), or 6-107 may file a petition in the court to obtain the information being sought.

(b) In determining whether to grant a petition under this section, the court shall review the records of the relevant proceeding for adoption and shall make specific findings concerning:

(1) the reasons the information is sought;

(2) whether the individual about whom information is sought has filed a request for nondisclosure under section 6-106 or any other kind of document requesting that his or her identity not be disclosed, has not filed any document, or has otherwise indicated a preference regarding the disclosure of his or her identity;

(3) if known, whether the individual about whom information is sought is alive;

(4) whether it is possible to satisfy the petitioner's request without disclosing the identity of another individual;

(5) the expressed needs of the adoptee including the emotional and mental health needs of the adoptee.

(c) Before making a determination under this section the court shall make a reasonable effort to confidentially contact the person whose identity is being sought in order to determine that person’s response to the petition and shall consider any response in reaching its decision.

(d) If the reason the petitioner was denied disclosure was due to the fact that there was no consent on file and there is no request for nondisclosure filed under section 6-106 or any other kind of document in the court or agency that clearly indicates that the identity of the person being sought not be disclosed, the court shall order disclosure of the requested information if the court finds by a preponderance of the evidence that disclosure is in the best interest of the petitioner and that disclosure is unlikely to cause harm to the person whose identity is being sought.

(e) If the reason the petitioner was denied disclosure was due to the fact that there was no consent on file and a request for nondisclosure was filed under section 6-106 or anykind of document was filed in the court or agency that clearly indicates that the identity of the person being sought not be disclosed, the court shall not make a search under subsection (c) of this section and shall not order the disclosure of the requested information except for compelling reasons.

ARTICLE 7. PROHIBITED AND PERMISSIBLE

ACTIVITIES IN CONNECTION WITH ADOPTION

ｧ 7-101. ENFORCEMENT

(a) The attorney general shall enforce the provisions of this title and may review and investigate compliance therewith.

(b) Whenever the attorney general has reason to believe that a person has violated or is violating a provision of this title, and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state against such person to ensure compliance. The action may be brought in the superior court of the county in which such person resides or in which the violation occurred or is occurring. The court may grant temporary, preliminary, and permanent injunctive relief to restrain and prevent violations of this title.

(c) In addition to the foregoing, the attorney general may request and the court is authorized to render any other appropriate relief as may be in the public interest, and may:

(1) impose a civil penalty of not more than $5,000.00 for each violation. In the case of a continuing violation, a civil penalty of not more than $1,000.00 may be imposed for each day the violation continues; and

(2) order reimbursement to the state of Vermont for the reasonable value of its services and its expenses in investigating and prosecuting the action.

ｧ 7-102. UNAUTHORIZED DISCLOSURE OF INFORMATION

(a) A person who knowingly discloses confidential adoption information or identifying information in violation of this title, shall be fined not more than $1,000.00.

(b) In addition to the penalties provided in subsection (a), a person who is the subject of information contained in a record made confidential by this title may file an action fordamages or equitable relief against any person who obtains unauthorized information or who discloses unauthorized information, or is likely to do so.

ｧ 7-103. LAWFUL PAYMENTS RELATED TO ADOPTION

(a) Subject to the requirements of sections 3-702 and 3-703 for an accounting and judicial approval of fees and charges related to an adoption, an adoptive parent, or a person acting on behalf of an adoptive parent, may pay the reasonable and actual fee or charge for:

(1) the services of an agency in connection with an adoption;

(2) medical, hospital, nursing, pharmaceutical, or other similar expenses incurred by a mother or her minor child in connection with prenatal care or the birth or any illness of the minor;

(3) counseling services for a parent or a minor for a reasonable time before and after the minor's placement for adoption;

(4) living expenses of a mother for a reasonable time before the birth of her child and for no more than six weeks after the birth;

(5) expenses incurred in ascertaining the information required by section 2-105;

(6) expenses incurred for legal services, court costs, and other administrative expenses connected with an adoption, including any legal services performed for a parent who consents to the adoption of a minor or relinquishes the minor to an agency;

(7) transportation for services provided under subdivisions (2), (3) or (6) of this section;

(8) expenses incurred in obtaining a preplacement evaluation and an evaluation during the proceeding for adoption; and

(9) any other service or expense the court finds is reasonable and necessary.

(b) A parent or a guardian, a person acting on the parent's or guardian's behalf, or a provider of a service listed in subsection (a), may receive or accept a payment authorized by subsection (a). The payment may not be made contingent on the placement of a minor for adoption, relinquishment of the minor, or consent to the adoption. If the adoption is not completed, a person who is authorized to make aspecific payment by subsection (a) is not liable for that payment unless the person has agreed in a signed writing with a provider of a service to make the payment regardless of the outcome of the proceeding for adoption. If the adoption is not completed, an adoptive parent is liable only for agreed upon expenses which are permitted under this section and were incurred prior to the termination of the adoption process.

(c) Except for the expenses authorized by (a)(4) and (a)(7), no payments as authorized in subsection (a) shall be paid directly to a parent without prior court approval, but instead will be paid to service providers or to an agency.

ｧ 7-104. CHARGES BY AGENCY

Subject to the requirements of sections 3-702 and 3-703 for an accounting and judicial approval of fees and charges related to an adoption, an agency may charge or accept a fee or other reasonable compensation from a prospective adoptive parent for expenses not paid by public assistance for:

(1) medical, hospital, nursing, pharmaceutical, or other similar expenses incurred by a mother or her minor child in connection with prenatal care, the birth or any illness of the minor;

(2) a percentage of the annual cost the agency incurs in locating and providing counseling services for minor adoptees, parents, and prospective parents;

(3) living expenses of a mother for a reasonable time before the birth of a child and for no more than six weeks after the birth;

(4) expenses incurred in ascertaining the information required by section 2-105;

(5) legal services, and court costs, or other administrative expenses connected with an adoption, including the legal services performed for a parent who relinquishes a minor child to the agency;

(6) preparation of a preplacement evaluation and an evaluation during the proceeding for adoption;

(7) transportation for services provided under this section; and

(8) any other service or expense the court finds is reasonable and necessary.

ｧ 7-105. PROHIBITED PAYMENTS RELATED TO ADOPTION

(a) Except as otherwise provided in sections 7-103 and 7-104, a person may not pay or give or offer to pay or give to any other person, or request, receive, or accept any money or anything of value, directly or indirectly, for:

(1) the placement of a minor for adoption;

(2) the consent of a parent, a guardian, or an agency to the adoption of a minor;

(3) the relinquishment of a minor to an agency for the purpose of adoption; or

(4) the recruitment of nonresident pregnant women to locate in this state for the purpose of relinquishing the child for adoption.

(b) A release from liability from past or future child support is not a violation of this section.

Sec. 2. 15 V.S.A. ｧ 293(a) is amended to read:

(a) When parents of minor children, or parents and stepparents of minor children, whether said parents are married or unmarried, are living separately, on the complaint of either parent or stepparent or, if it is a party in interest, the department of social welfare, the *[~~superior~~]* family court may make such decree concerning *[~~the care, custody, maintenance and education~~]* parental rights and responsibilities and parent-child contact (as defined in section 664 of this title), and the support of the children, as in cases where *[~~the husband~~]* either parent deserts or without just cause fails to support. Thereafter on the motion of either of the parents, the stepparent or the department of social welfare, the court may annul, vary or modify the decrees.

Sec. 3. 15 V.S.A. ｧ 658(e) is amended to read:

(e) *[~~An order of adoption~~]* A consent to the adoption of a child or the relinquishment of a child, for the purpose of adoption, covered by a child support order shall terminate an obligor's duty to provide future support for the adopted child without further order of the family court. Unpaid support installments accrued prior to adoption are not discharged and are subject to the jurisdiction of the family court. In a case involving a child covered by a Vermont child support order, the probate court shall file the consent or relinquishment with the family court that issued the support order and shall notify the office of child support of any order terminating parental rights and of the finaladoption decree. Upon receipt of the consent or relinquishment the office of child support shall terminate the obligor’s duty to provide further support.

Sec. 4. REPORT

For four years after this act becomes effective, the commissioner of the department of social and rehabilitation services and the court administrator shall submit a report to the General Assembly on or before January 15. The probate judges shall cooperate with the court administrator and provide the information needed to enable the court administrator to prepare the report. The report shall include the following information:

(1) The actions taken by the department to notify the public about the disclosure provisions of this act as required by 15A V.S.A. ｧ 6-111.

(2) The number of requests for identifying information made to the adoption registry, whether the person requesting the information was an adoptee, former parent or other person authorized to request such information, that person’s relation to the person being sought and the response of the registry to the request.

(3) The number of consents and requests for nondisclosure filed with the adoption registry and whether the person requesting the information was an adoptee, former parent or other person.

(4) The number of petitions for disclosure filed under 15A V.S.A. ｧ 6-112, whether the petitioner was an adoptee, former parent or other person, the results of any effort to contact the person being sought, and the disposition by the court.

(5) Any other relevant information related to the implementation of this act.

Sec. 5. APPLICABILITY

A proceeding for adoption commenced before the effective date of this act shall be completed under the law in effect at the time the proceeding was commenced, unless all parties agree that this act shall apply.

Sec. 6. TRANSITIONAL PROVISION

Notwithstanding the provisions of Title 15A, relating to certification of adoption counselors, until July 1, 1997, the services to be provided by certified adoption counselors may be provided by qualified mental health professionals specificallydesignated to perform those services by the commissioner of the department of mental health and mental retardation.

Sec. 7. REPEAL

Chapter 9 (Adoption) and chapter 10 (Disclosure) of Title 15 are repealed.

Approved: May 15, 1996