Vermont H 98: An act relating to the creation of the Vermont State Building Security Board

Bill Text

No. 31 Page 1 of 19
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VT LEG #383935 v.1
No. 31. An act relating to confirmatory adoptions and standby
guardianships.
(H.98)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 15A V.S.A. § 1-114 is added to read:
§ 1-114. CONFIRMATORY ADOPTION FOR CHILDREN BORN
THROUGH ASSISTED REPRODUCTION
(a) As used in this section:
(1) “Assisted reproduction” means a method of causing pregnancy other
than sexual intercourse and includes:
(A) intrauterine, intracervical, or vaginal insemination;
(B) donation of gametes;
(C) donation of embryos;
(D) in vitro fertilization and transfer of embryos; and
(E) intracytoplasmic sperm injection.
(2) “Donor” means a person who contributes a gamete or gametes or an
embryo or embryos to another person for assisted reproduction or gestation,
whether or not for consideration. This term does not include:
(A) a person who gives birth to a child conceived by assisted
reproduction except as otherwise provided in 15C V.S.A. chapter 8; or
(B) a parent under 15C V.S.A. chapter 7 or an intended parent under
15C V.S.A. chapter 8.

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VT LEG #383935 v.1
(3) “Marriage” includes civil union and any legal relationship that
provides substantially the same rights, benefits, and responsibilities as
marriage and is recognized as valid in the state or jurisdiction in which it was
entered.
(4) “Petitioners” means the persons filing a petition for adoption in
accordance with this section.
(b) Whenever a child is born as a result of assisted reproduction and the
person or persons who did not give birth are a parent pursuant to 15C V.S.A.
§ 703 or presumed parent pursuant to 15C V.S.A. § 401 and the parents seek to
file a petition to confirm parentage through an adoption of the child, the court
shall permit the parents to file a petition for adoption in accordance with this
section.
(c) A complete petition shall comprise the following:
(1) the petition for adoption signed by all parents;
(2) a copy of the petitioners’ marriage certificate, if petitioners are
married;
(3) a declaration signed by the parents explaining the circumstances of
the child’s birth through assisted reproduction, attesting to their consent to
assisted reproduction, and stating that there are no other persons with a claim
to parentage of the child under Title 15C; and
(4) a certified copy of the child’s birth certificate.

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VT LEG #383935 v.1
(d) A complete petition for adoption, as described in subsection (c) of this
section, shall serve as the petitioners’ written consents to adoption and no
additional consent or notice shall be required.
(e) If the petitioners conceived through assisted reproduction with donor
gametes or donor embryos, the court shall not require notice of the adoption to
the donor or consent to the adoption by the donor.
(f) Unless otherwise ordered by the court for good cause shown and
supported by written findings of the court demonstrating good cause, for
purposes of evaluating and granting a petition for adoption pursuant to this
section, the court shall not require:
(1) an in-person hearing or appearance, although the court may require a
remote hearing;
(2) an investigation or home study by, a notice to, or the approval of the
Department for Children and Families;
(3) a criminal-record check;
(4) verification that the child is not registered with the federal register
for missing children or the central register; or
(5) a minimum residency period in the home of the petitioners.
(g) The court shall grant the adoption under this section and issue an
adoption decree promptly after the filing of a complete petition and upon
finding that:

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(1) for marital parents, the parent who gave birth and the spouse were
married at the time of the child’s birth and the child was born through assisted
reproduction; or
(2) for nonmarital parents:
(A) the person who gave birth and the nonmarital parent consented to
the assisted reproduction; and
(B) no other person has a claim to parentage pursuant to Title 15C or
that any other person with a claim to parentage of the child who is required to
be provided notice of, or who must consent to, the adoption has been notified
or provided consent to the adoption.
(h) Unless notice has been waived or consent given for the adoption, a copy
of the petition and notice of a proceeding under this section shall be served
upon any person entitled to notice within 30 days after the petition is filed.
The notice shall include the address and telephone number of the court where
the petition is pending and a statement that the person served with the notice
and petition shall file a written appearance in the 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.
Service of the notice and petition shall be made in a manner appropriate under
the Vermon