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Vermont Relinquishment, Consent, Revocation laws

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Relinquishment - Consent - Time to Revoke

Vermont



Who Must Consent:


  • The birth mother.
  • The biological father.
  • The man married to the mother at the time of conception or who has acknowledged paternity.
  • The child's guardian, adoptive or other legally recognized parents.
  • The agency that placed the child for adoption.


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Consent of Adoptee:

A child 14 years or older must consent, unless the court dispenses with the need.

When Parental Consent is Not Needed:


  • A person has relinquished parental rights to an agency, or whose rights have been terminated or determined not to exist.
  • The man denies paternity or fails to appear at proceedings.
  • Consent of a guardian or agency not required if court finds it is being withheld contrary to child's best interest.



When Relinquishment Can Be Signed:


  • Consent by a parent may not executed earlier than 36 hours after child's birth.
  • Consent by a guardian can be made any time after being authorized by the court.
  • Consent by an agency may be made any time before or during the hearing on adoption.


How Relinquishment Must Be Signed:

  • A consent executed by a parent or guardian shall be signed in the presence of the probate judge or the court's authorized agent.
  • A minor must consent in the presence of a judge.


Time for Revocation:

  • Consent is irrevocable after 21 days.
  • Consent is revoked if the parent notifies the court within 21 days; or the parent and prospective adoptive parent agree.
  • Consent may also be set aside if obtained by fraud or duress, or if a condition permitting revocation has occurred.

Adapted from materials prepared by the National Adoption Information Clearinghouse.

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