Vermont Statutes Title 15 Sec. 2-402
Terms Used In Vermont Statutes Title 15 Sec. 2-402
- Adoptee: means a person who is adopted or is to be adopted. See
- Agency: means the Department or a child-placing public or private entity that is licensed in this State to place minors for adoption. See
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. 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
§ 2-402. Persons whose consent not required
(a) Consent to an adoption of a minor is not required of:
(1) a person who has relinquished parental rights or guardianship powers, including the right to consent to adoption, to an agency pursuant to this part of this article;
(2) a person whose parental relationship to the minor has been judicially terminated or determined not to exist;
(3) a man who has not been married to the woman who gave birth to the minor and who, after the conception of the minor, executes a notarized statement denying paternity or disclaiming any interest in the minor and acknowledging that his statement is irrevocable when executed;
(4) the personal representative of a deceased parent‘s estate; or
(5) a parent or other person who has not executed a consent or a relinquishment and who fails to file an answer or make an appearance in a proceeding for adoption or for termination of a parental relationship within the requisite time after service of notice of the proceeding.
(b) The court may dispense with the consent of:
(1) a guardian or an agency whose consent is otherwise required upon a finding that the consent is being withheld unreasonably, contrary to the best interest of a minor adoptee; or
(2) a minor adoptee who has attained 14 years of age upon a finding that it is not in the best interest of the minor to require the consent. (Added 1995, No. 161 (Adj. Sess.), § 1.)