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Terms Used In Vermont Statutes Title 15 Sec. 3-301

  • 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
  • Physical custody: means the physical care and supervision of a minor. See
  • Stepparent: means a person who is the spouse or surviving spouse of a parent of a child but who is not a parent of the child. See

§ 3-301. Standing to petition to adopt

(a) Except as otherwise provided in subsection (c) of this section, the only persons who have standing to petition to adopt a minor under this article are:

(1) a person with whom a minor has been placed for adoption or who has been selected as a prospective adoptive parent by a person authorized under this title to place the minor for adoption; or

(2) a person with whom a minor has not been placed for adoption or who has not been selected or rejected as a prospective adoptive parent pursuant to Article 2, Part 1 and Part 2 of this title, but who has had physical custody of the minor for at least six months immediately before seeking to file a petition for adoption and is allowed to file the petition by the court for good cause shown.

(b) The spouse of a petitioner shall consent to the petition unless judicially declared incompetent.

(c) A petition for adoption of a minor stepchild by a stepparent may be filed under Article 4 of this title and a petition for adoption of an emancipated minor may be filed under Article 5 of this title. (Added 1995, No. 161 (Adj. Sess.), § 1.)