Vermont Statutes Title 15 Sec. 2-101
Terms Used In Vermont Statutes Title 15 Sec. 2-101
- Agency: means the Department or a child-placing public or private entity that is licensed in this State to place minors for adoption. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person, other than a parent, appointed by a court to act as a parent for another individual and specifically authorized by the Court to place the individual for adoption. See
- Legal custody: means the right and duty to exercise continuing general supervision of a minor as authorized by law. See
- Minor: means a person who has not attained 18 years of age. See
- Parent: means a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under subdivision 2-401(a)(1)-(4) or (6) of this title. See
- Physical custody: means the physical care and supervision of a minor. See
- Relinquishment: means the voluntary surrender to an agency by a minor's parent or guardian, for purposes of the minor's adoption, of the rights of the parent or guardian with respect to the minor, including legal and physical custody of the minor. See
§ 2-101. Who may place minors for adoption
(a) The only persons who may place a minor for adoption are:
(1) a parent having legal and physical custody of the minor, as provided in subsections (b) and (c) of this section;
(2) a guardian expressly authorized by the court to place the minor for adoption;
(3) an agency to which the minor has been relinquished for purposes of adoption; or
(4) an agency expressly authorized to place the minor for adoption by a court order terminating the relationship between the minor and the minor’s parent or guardian.
(b) Except as provided in subsection (c) of this section, a parent having legal and physical custody of a minor may place the minor for adoption, even if the other parent has not executed a consent or a relinquishment or the other parent’s relationship to the minor has not been terminated.
(c) A parent having legal and physical custody of a minor may not place the minor for adoption if the other parent has legal custody or a right of visitation with the minor and that parent’s whereabouts are known, unless that parent agrees in writing to the placement or, before the placement, the parent who intends to place the minor sends notice of the intended placement by certified mail to the other parent’s last known address.
(d) An agency authorized under this title to place a minor for adoption may place the minor for adoption, even if only one parent has executed a relinquishment or has had his or her parental relationship to the minor terminated. (Added 1995, No. 161 (Adj. Sess.), § 1.)