Navigating the adoption process in Vermont means understanding the legal framework that shapes the experience for everyone involved. From the rights of birth parents to the obligations of adoptive families, Vermont adoption laws provide critical protections and responsibilities. These laws are designed to ensure that every adoption is safe, ethical, transparent, and legally secure.

Whether you're just beginning to explore adoption or already involved in the process, this guide will help you understand Vermont's legal requirements. It outlines your rights and responsibilities, explains the timeline for obtaining consent and filing documentation, and walks you through important steps like the home study and final court hearing. You'll also find information on open adoption agreements and post-placement support services that may be available to you. 

Vermont's adoption statutes are there to support all parties, and working with a licensed agency or legal professional can make the process smoother and more informed. 

Need more information? Start here.

For Birth Mothers: Your Legal Rights

Understanding your rights as a birth parent is a critical part of the adoption process. Vermont law outlines your ability to choose adoption, when you can give consent, and what happens afterward. This section addresses the most common legal questions to help you make informed, confident choices.

Can I choose adoption for my baby?

Yes. Vermont law explicitly protects a birth parent’s right to voluntarily place their child for adoption. Consent must be provided in writing and reviewed during a court proceeding, where a judge ensures that the parent is making an informed and voluntary decision, free from coercion or undue influence.

This legal safeguard upholds the integrity of the adoption process and confirms that no one—including family members, partners, or adoption professionals—can legally compel a parent to choose adoption. 

Relevant Laws: 15A V.S.A. §2-405

When can I place my baby for adoption?

In Vermont, a birth parent may consent to adoption no sooner than 36 hours after the child is born. Once signed, the consent may be revoked within 21 days by filing written notice with the court. These safeguards ensure parents have time for recovery and informed decision-making before the adoption becomes final.

Relevant Laws: 15A V.S.A. §2-404

Can I get my baby back after adoption?

In Vermont, a birth parent’s written consent to adoption becomes final and irrevocable once it is reviewed and accepted by the court, except in cases involving fraud, duress, or certain conditional clauses.

The signed consent must include clear language about the consequences of adoption, including the permanent termination of parental rights. This legal finality highlights the importance of receiving counseling and understanding all rights and responsibilities before signing any consent documents.

Relevant Laws: 15A V.S.A. §2-406

Can you do adoption without the father's consent?

In Vermont, a biological father's consent to adoption is required only if he has established legal paternity through specific means.

This includes being married to the mother at the time of the child’s birth, being identified as the father and acknowledged by the court, or filing a notice to retain parental rights and demonstrating a commitment to parenting—such as providing financial support or maintaining personal contact.

If a father has not taken these steps, and the court finds he has not met the legal threshold for parental involvement, his consent may not be required.

Relevant Laws: 15A V.S.A. §2-401

Do both birth parents have to sign adoption papers in Vermont?

In Vermont, both biological parents generally must provide written consent for an adoption to proceed.

However, if one parent is unavailable, unwilling, or unfit—such as through abandonment, lack of parental involvement, or behavior that poses a risk to the child—the court may terminate that parent’s rights. Termination requires clear and convincing evidence that one of several statutory grounds is met and that doing so serves the child’s best interests.

Relevant Laws: 15A V.S.A. §2-401; 15A V.S.A. §3-504

Can I get paid for adoption?

Vermont law prohibits direct payments to birth mothers in exchange for placing a child for adoption, but it does permit reimbursement for certain reasonable and necessary expenses tied to the pregnancy and adoption process. This includes documented costs such as:

• Prenatal and delivery-related medical care
• Counseling services
• Attorney fees
• Essential living expenses during pregnancy

All payments must be reviewed and approved by the court to ensure compliance with state law and to guard against coercion or undue influence in the adoption decision.

Relevant Laws: 15A V.S.A. §7-103

Can you choose who adopts your baby?

Yes. Vermont law gives birth mothers the legal authority to choose the adoptive family for their child, using methods such as reviewing family profiles, participating in interviews, or working directly with a licensed adoption professional. 

Agencies facilitate this process by conducting background checks, offering education and support, and ensuring that the chosen adoptive family matches the birth mother's preferences and serves the best interests of the child.

Learn More.

Can people from a different state adopt my baby?

Yes. Out-of-state families may adopt a child born in Vermont, but they must comply with the ICPC, a legal framework that regulates all interstate adoptions.

Before a child can be moved across state lines, both Vermont and the receiving state must approve the adoption plan to ensure it complies with applicable laws and safeguards the child's welfare. This process protects legal rights across jurisdictions and ensures the placement is documented and in the child’s best interest.

Relevant Laws: Interstate Compact on Placement of Children

Can I give my baby up for adoption without an agency?

Yes. As a birth mother in Vermont, you have the legal right to pursue an adoption plan without going through a licensed adoption agency. This is known as an independent adoption. However, even in these cases, state law still requires key legal steps: you must give written consent reviewed and approved by the court, and the adoptive family must complete a formal home study conducted by a licensed professional.

It's also strongly recommended that you and the adoptive family each have legal representation to ensure the process is ethical, lawful, and protects everyone's rights. Independent adoptions are legal under , but they are subject to the same safeguards and court oversight as agency-led adoptions.

by not working with an agency, you may miss out on key benefits, like additional health coverage, financial aid, and free counseling. Learn more here. 

Relevant Laws: 15A V.S.A. §3-201

Can my spouse adopt my child?

Yes. In Vermont, stepparent adoption allows a spouse to become the legal parent of their partner’s child, but it requires legal consent from the other biological parent or a court-ordered termination of that parent’s rights.

The custodial biological parent must complete a consent form (Form 700-00139), while the noncustodial parent must provide formal consent using Form 700-00139A and may be required to submit additional disclosures.

If the noncustodial parent does not voluntarily consent, the petitioner must file a motion to terminate parental rights using Vermont Probate Forms 700-00300 and 700-00301.

This process includes legal notice to the parent, and if the parent's whereabouts are unknown, publication of notice may be required. The court recommends legal counsel for all parties, and will appoint an attorney if a biological parent cannot afford one.

Learn more

Can my family adopt my baby?

Yes. Vermont allows for relative, or kinship, adoption when a close family member—such as a grandparent, sibling, aunt, or uncle—seeks to adopt the child. In kinship cases, the court may waive or simplify certain procedural steps, recognizing the pre-existing family relationship. However, legal consent, a formal petition, and a final adoption hearing are still required to confirm the adoption and safeguard the child’s best interests.

Relevant Laws: 15A V.S.A. §3-302

Can you anonymously put a baby up for adoption?

Vermont law does not permit anonymous adoption through standard legal channels, but parents can legally and safely surrender a newborn under the state’s Safe Haven statute. This law allows a parent to voluntarily deliver a baby—up to 30 days old—to staff at hospitals without fear of prosecution, provided the infant is unharmed.

While parents are not required to disclose their identity, they may be asked to share medical history for the child’s benefit. These designated Safe Haven locations are responsible for ensuring the child receives medical care, notifying law enforcement, and transferring custody to the Department for Children and Families.

Relevant Laws: 33 V.S.A. §5310

Can I have contact with my child after the adoption?

Yes. Vermont permits open adoption through Post-Adoption Contact Agreements (PACAs), which allow birth and adoptive families to agree on continued contact after finalization—such as written updates, photographs, or occasional visits.

These agreements are not automatically enforceable but can carry legal weight if the court determines they are in the child’s best interest and formally approves them. Without court approval, enforcement remains at the discretion of the adoptive parents.

Relevant Laws: 13 V.S.A. §1303

How does tribal adoption work for Native American children?

Adoptions involving Native American children must follow the Indian Child Welfare Act (ICWA), a federal law that establishes legal standards to preserve Native families and uphold tribal sovereignty. ICWA mandates that the child’s tribe be notified of any adoption proceeding, and it grants the tribe the right to intervene or request the case be transferred to tribal court.

The law also prioritizes placement with extended family, members of the child's tribe, or other Native American families, and applies to all adoption types—including private and voluntary placements—when the child is a member or eligible for membership in a federally recognized tribe.

Relevant Laws: 25 U.S.C. §§ 1901–1963

Can I drop my baby off at a fire station?

No. Vermont’s Safe Haven Law allows a parent to legally and anonymously surrender an infant up to 30 days old, but only at a hospital to an on-duty medical professional such as a nurse or physician.

If the child is unharmed and the surrender complies with statutory conditions, the parent will not face criminal charges. Unlike some states, Vermont does not permit surrenders at fire stations, police departments, or similar public facilities.

Relevant Laws: 33 V.S.A. §5310

What rights do biological parents have after adoption?

As a birth mother in Vermont, you may be able to maintain contact with your child after adoption, but this depends on a legally binding agreement known as a Post-Adoption Contact Agreement (PACA). This agreement, which must be approved by the court, outlines the specifics of the ongoing contact, including:

• The form of contact (e.g., visits, phone calls, written communication),
• The frequency of the contact,
• Whether visits will be supervised, and if so, the type of supervision required,
• The involvement of the Vermont Adoption Registry for written communication if applicable.

Both you and the adoptive parents must sign this agreement. The PACA becomes enforceable once the adoption is finalized. However, if there is no PACA, you will not have the legal right to maintain contact; it is left to the discretion of the adoptive parents. 

This arrangement helps ensure that post-adoption communication, if desired, is mutually agreed upon and legally protected, giving birth parents a way to remain connected to the child while also ensuring the child’s best interests remain the priority.

Relevant Laws: 33 V.S.A. § 5124

For Adoptive Families: Starting Your Family with Confidence

Adoptive families in Vermont must meet legal requirements that ensure safe, ethical, and permanent placements. This section answers common questions about eligibility, home studies, finalization, and post-adoption support—helping you move forward with confidence and legal clarity.

Do you have to be married to adopt in Vermont?

No. Vermont law explicitly allows single individuals and couples—regardless of marital status, gender identity, or sexual orientation—to adopt a child. All applicants must meet the same legal standards, including being at least 18 years old, passing criminal background checks, and completing a home study conducted by a licensed professional.

Relevant Laws: 15A V.S.A. §1-102

How old do you have to be to adopt a baby?

Vermont law sets the minimum age to adopt at 18 years old, establishing a baseline of legal adulthood and presumed emotional maturity. While this statutory threshold applies statewide, individual adoption agencies may apply stricter age criteria or additional screening based on agency policy, professional judgment, or the specific needs of a child.

Relevant Laws: 15A V.S.A. §1-101 

Do you need a home study for a private adoption in Vermont?

Yes. Vermont law mandates that all prospective adoptive families complete a home study conducted by a licensed professional before a child can be placed in their home, regardless of whether the adoption is private, agency-led, or independent.

The home study process is purpose built to ensure a safe, supportive, and stable long term environment for the child. The study includes:

• Detailed in-home interviews with prospective adoptive parents
• Criminal and child abuse background checks
• Home inspections to ensure a safe, stable environment
• Review of financial records, medical history, and personal references
• Assessment of readiness and motivation to adopt

Relevant Laws: 15A V.S.A. §§2-202, 2-203

Do you need a home study for an independent adoption?

Yes. In Vermont, independent adoptions—those not handled by a licensed agency—must meet the same home study standards required for agency adoptions to ensure child safety and suitability of placement.

Relevant Laws: 15A V.S.A. §§2-202, 2-203

Can you adopt without an agency?

Yes. Independent adoptions are legal in Vermont and may be appropriate when adoptive families and birth parents have a pre-existing relationship.

However, these adoptions must still follow all legal safeguards required under state law, including an approved home study, formal consent submitted to the court, and compliance with procedural requirement. Using an experienced adoption attorney is strongly recommended to ensure the process meets legal standards and avoids unnecessary delays.

Relevant Laws: 15A V.S.A. §3-201

What are the steps to adopt?

Step 1: Identify the appropriate adoption type. Vermont recognizes several types of adoption, including agency adoption, private (independent) adoption, stepparent adoption, and kinship adoption. Each type involves distinct legal procedures and requirements, so selecting the path that best aligns with your circumstances is the first critical step.

Learn More.

Step 2: Choose a licensed adoption professional and complete a home study. Whether you work with an adoption agency or an attorney, you’ll need professional guidance throughout the process. You must also complete a state-mandated home study, which assesses your home environment, criminal background, financial stability, and emotional readiness to adopt.

Relevant Laws: 15A V.S.A. §2-202

Step 3: Match with a birth parent or child. Your adoption professional will help you connect with an expectant birth parent or a child in need of placement. This phase involves evaluating mutual preferences, developing trust, and ensuring alignment between the needs of the child and the adoptive family.

Learn More.

Step 4: Finalize pre-placement legal documentation. Once placement occurs, all essential legal forms—such as consent documents, medical disclosures, and placement agreements—must be properly completed and submitted. This ensures legal continuity and compliance with both agency and court protocols.

Relevant Laws: 15A V.S.A. §3-301 through §3-506

Step 5: Complete post-placement supervision and finalization. Vermont law requires a post-placement supervisory period, during which a licensed professional monitors the child's adjustment and the stability of the adoptive home. Following successful supervision, a final court hearing is held to review the case and issue the decree of adoption, establishing the adoptive parents as the child’s permanent legal guardians.

Relevant Laws: 15A V.S.A. §§3-405, 3-401

Can you adopt a child from another state?

Yes. Adopting a child from another state is a common practice, but it must comply with the Interstate Compact on the Placement of Children (ICPC), a nationwide legal agreement that governs all interstate adoptions.

Before a child can be transferred across state lines, both the sending state (Vermont) and the receiving state must approve the placement plan to ensure it meets legal, procedural, and child welfare standards. This dual-approval process ensures that the child's safety, legal rights, and long-term best interests are protected across jurisdictions.

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Can we advertise for a birth mother?

In Vermont, the law restricts adoption-related advertising to licensed attorneys and adoption agencies, making it illegal for private individuals to publicly seek or promote adoptive placements.

This legal safeguard is designed to protect expectant parents and prospective adoptive families from unethical solicitations, coercive tactics, or unregulated communications. By requiring professional oversight, Vermont ensures that all advertising is conducted within legal and ethical boundaries, reducing the risk of exploitation and preserving the integrity of the adoption process.

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Can a birth father stop an adoption?

Yes. A birth father in Vermont may contest an adoption if he has legally established paternity and shows a consistent intent to parent—such as by supporting the mother during pregnancy or by promptly asserting his legal rights after the child’s birth.

To prevent the adoption from proceeding without his consent, he must initiate formal legal action within the timelines set by law; otherwise, the court may determine that his consent is not legally required based on a lack of demonstrated involvement.

Relevant Laws: 15A V.S.A. §2

What if the birth parents don't sign adoption papers?

In Vermont, the court can terminate parental rights without the parent's consent if it determines—based on clear and convincing evidence—that the parent has neglected, abandoned, abused the child, or is otherwise unfit to care for them.

This process involves a formal petition, notice to all relevant parties, and a full evidentiary hearing, during which the judge must conclude that termination is necessary to protect the child's welfare and best interests.

Relevant Laws: 15A V.S.A. §3-504

When is an adoption finalized in Vermont?

In Vermont, adoption finalization typically occurs about six months after the child is placed in the adoptive home, assuming the post-placement supervision period is completed satisfactorily. During this time, a licensed professional conducts home visits and evaluates the child’s adjustment and the stability of the adoptive environment.

Key elements of post-placement supervision include:

• Regular in-home visits by a licensed social worker
• Assessment of the child's emotional, physical, and developmental progress
• Evaluation of the adoptive family's bonding and parenting adjustment

Once the supervision period concludes, the family attends a final court hearing where a judge reviews all required documentation and, if approved, issues a final decree of adoption that legally formalizes the parent-child relationship

Relevant Laws: 15A V.S.A. §§3-405, 3-703

Can birth mothers change their mind?

In Vermont, a birth mother may revoke her consent to adoption only before the court formally accepts it as valid. After court approval, the consent becomes final and irrevocable, unless the birth parent can provide clear and convincing evidence that the consent was obtained through fraud or coercion—a high legal standard that is rarely met.

This legal safeguard emphasizes the importance of receiving counseling and understanding the permanence of adoption before signing any documents.

Relevant Laws: 15A V.S.A. §2-406

Are adoptive parents on the birth certificate in Vermont?

Yes. After an adoption is finalized in Vermont, the Department of Health issues a new birth certificate that lists the adoptive parents as the child’s legal parents, thereby replacing the original birth record.

If a name change is included in the adoption petition and approved by the court, the new certificate will also reflect the child’s updated legal name, ensuring the document aligns with the finalized legal identity of the child.

Relevant Laws: 15A V.S.A. §3-405

What rights do adoptive parents have after adoption?

Under Vermont law, once an adoption is finalized, adoptive parents are granted the same full legal status as biological parents. This includes the right to make educational, healthcare, and legal decisions on behalf of the child, as well as the establishment of legal parent-child ties for purposes such as custody, tax benefits, and inheritance.

These rights are permanent and confer all responsibilities and protections afforded to natural parenthood under state law.

Relevant Laws: 15A V.S.A. §1-102

Are open adoptions legally binding in Vermont?

In Vermont, Post-Adoption Contact Agreements (PACAs) are legally enforceable when they are submitted to the court and approved as being in the best interests of the child.

These agreements can outline expectations for ongoing communication—such as visits, updates, or shared milestones—between birth and adoptive families. Without court approval, however, a PACA has no legal authority, and the adoptive parents have sole discretion over whether any future contact occurs.

Relevant Laws: 15A V.S.A. §9-101

Does ICWA apply to private adoptions in Vermont?

Yes. The Indian Child Welfare Act (ICWA) applies to all adoptions involving Native American children, including private placements, and establishes specific requirements to protect the rights of the child’s tribe and preserve tribal heritage. These include mandatory notice to the child’s tribe, preference for placement with extended family or tribal members, and the tribe’s right to intervene in or transfer the case to tribal court.

Relevant Laws: 25 U.S.C. §§ 1901–1963

What support is available after adoption?

Vermont offers a range of post-adoption support services to help adoptive families adjust and thrive after finalization. These resources include ongoing counseling for both parents and children to address emotional and developmental needs, as well as access to the child's medical and social history through the placing agency or Department for Children and Families.

In addition, families may qualify for adoption assistance programs—at the state or federal level—particularly when adopting a child with special needs, disabilities, or other qualifying circumstances.

Learn More.

For Adoptees

Adoptees in Vermont have multiple legal pathways to access records and gain insight into their biological history, familial connections, and cultural heritage. These legal options are designed to support identity development, promote transparency, and empower adoptees to make informed choices about reunification. Key options include:

• Requesting non-identifying background and medical history through the placing adoption agency or the Vermont Department for Children and Families.
• Applying for access to their original birth certificate, depending on eligibility criteria under state law.
• Receiving assistance from licensed agencies or state resources to help initiate or mediate contact with biological family members.

Looking to reconnect? Start here.

What’s Next?

Understanding Vermont’s adoption laws equips you to move forward with clarity and legal confidence—whether you're considering placing a child for adoption, growing your family, or exploring your adoption history. Legal clarity is the foundation of a stable and ethical adoption experience.

Speak with Experts now at 1-800-ADOPTION or Schedule a Consultation to take the next step in your Vermont adoption journey.

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