Vermont Probate Court
Non-Relative Adoptions
Adoption of unrelated children is the creation of a parent/child relationship between two parties who have no previous family ties – they are considered strangers to one another and this is sometimes referred to as "stranger adoption." When a person goes through an adoption agency and adopts a child that has been surrendered to the agency, this is considered a non-relative adoption. This tends to be the type of adoption that people most commonly think of.
The role of the Probate Court comes at the end of the sometimes-long adoption process. Well before the Court gets involved, the prospective adopting parent or parents have met with an adoption agency or other child placement organization. The child placement organization and/or an adoption lawyer can walk the adopting parent through the first steps of the adoption process.
In a "stranger adoption" the child’s biological parents give up or "relinquish" the child before their child is placed for adoption, or alternatively, their parental rights must have been terminated by order of the Court (often the Family Court). After receiving the child, the prospective parents have 45 days in which to file a Petition to Adopt with the Probate Court. The Probate Court will then set a date for a hearing on Finalization of Adoption at a minimum of six months from the date of placement. The Probate Court will also notify any interested parties that there is a petition to adopt the child.
Prior to the final hearing the Probate Court will examine the documentation and consider the evaluation of the caseworker who has overseen the six-month trial custody. If the Court finds that the information is satisfactory, the adoption will be set for a "finalization’ hearing. At the finalization hearing the Court determines that all material has been filed and that the legal prerequisites to the adoption have been met. The decree of adoption is then signed. It is at this time that the new parent/child relationship becomes official.
Individual Forms | Court Rules | Vermont Statutes | FAQ
Instructions for a Non-Relative Adoption:
Please download a copy of the Petition to Adopt from the Website link above. The time limit for filing this Petition is within 45 days from the date that the child is placed in your home unless the Court has extended the filing period for you. This time limit does not apply to foster parent or relative adoptions. Fill out the Petition and have it notarized. A Certified Copy of the adoptee’s birth certificate, a Certified Copy of the marriage certificate of the adopting parents, and the Court filing fee must accompany the Petitions. The filing fee for an adoption is currently $75.00. Please remember you must have standing to Petition before you can start this process. Standing to Petition means that you have received a good Preplacement Evaluation from a qualified evaluator, and that you will have had the child in your home for a period of six months before the adoption takes place.
When all required documentation is complete and filed a hearing date will be set. The Court will send notice of the hearing to all interested parties. If you have any questions, the best resource is the child placement agency or adoption lawyer that you are working with. The Probate Court is happy to help with any questions specifically pertaining to the Court’s role in the process but is unable to advise you about other aspects of the adoption.
Non-Relative Adoptions
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