GESTATIONAL SURROGACY IN VERMONT

Gestational Surrogacy is permitted in Vermont under the Vermont Parentage Act of 2018, effective July 1, 2018.  

PRE-BIRTH PARENTAGE ORDERS

Do courts grant pre-birth parentage orders? Yes.

Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

• Married heterosexual couple using own egg and own sperm: Yes
• Married heterosexual couple using an egg donor or sperm donor: Yes
• Unmarried heterosexual couple using own egg and own sperm: Yes
• Unmarried heterosexual couple using an egg donor or sperm donor: Yes
• Same-sex couple using an egg donor or sperm donor only: Yes
• Single parent using own egg or sperm: Yes

Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?

• Married heterosexual couple: Yes
• Unmarried heterosexual couple: Yes
• Same-sex couple: Yes
• Single parent: Yes

What are the bases for venue?  County of the child’s birthplace

Do results vary by venue?  No

Is a hearing required to obtain a pre-birth order?  No

Will Vermont Vital Records honor a pre-birth order from another state? Uncertain at this time, but probably.

What is the typical time frame to obtain a birth certificate after delivery? 2 weeks

SAME SEX COUPLE

How are same-sex parents named on the birth certificate? Parent and Parent

Can an international same-sex male couple obtain an initial birth certificate naming just the biological father? Yes.

Can they subsequently obtain a birth certificate naming both fathers? Yes

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?  This has not yet been determined under the new law.

Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?  Yes

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Vermont (i.e., neither of the Intended Parents lives in Vermont)?  No

If no, will Vermont Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?  Yes

SECOND PARENT & STEPPARENT ADOPTIONS FOR VERMONT RESIDENTS

Note: This situation typically arises if the child is born outside of the state. The parents then return to Vermont to obtain a second parent adoption or stepparent adoption in Vermont.

Will courts in Vermont grant second parent adoptions or stepparent adoptions to heterosexual couples living in Vermont?  Yes

Does the couple need to be married? No, but it is helpful because a home study is required for unmarried couples.

Will courts in Vermont grant second parent adoptions or stepparent adoptions to same-sex couples living in Vermont?  Yes

Does the couple need to be married?  No, same as heterosexual couples.

EGG AND SPERM DONATION

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes, the Vermont Parentage Act of 2018, Chapter 7, which states, “A donor is not a parent of a child conceived through assisted reproduction.”

TRADITIONAL SURROGACY IN VERMONT

Traditional Surrogacy in Vermont is permitted because no statute or published case law prohibits it. However, it is not covered by the new parentage law, and so traditional surrogacy will be treated like an adoption.

State law information provided by the following attorneys practicing Reproductive Law in this state:

Tarnelli & Hughes Family Law
Burlington, VT
(802) 540-0850
kurt@tarnellihugheslaw.com

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