Vermont Statutes Title 15 Sec. 3-304
Terms Used In Vermont Statutes Title 15 Sec. 3-304
- 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
- Child: means a minor or an adult son or daughter, by birth or adoption. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: means a person who has not attained 18 years of age. 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
- 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
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See
§ 3-304. Content of petition
(a) A petition for adoption of a minor shall be signed and verified by the petitioner. It shall be filed and shall contain the following information or state why any of the information omitted is not contained in the petition:
(1) the full name, date of birth, and place and duration of residence of the petitioner, and his or her relationship to the adoptee, if any;
(2) the current marital status of the petitioner, including any pending divorce and the date of any judicial determination that a petitioner’s spouse is incompetent;
(3) the occupation and approximate income of each petitioner and that the petitioner has facilities and resources to provide for the care and support of the minor;
(4) that a preplacement evaluation favorable to the petitioner has been completed or updated within the 12 months before the placement, or that a preplacement evaluation has been waived by a court for good cause shown or is not required under section 2-201 of this title;
(5) the full birth or legal name, sex, and the time and date, or approximate time and date, and place of birth of the minor adoptee, and a statement that the minor is or is not an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq.;
(6) the circumstances under which the petitioner obtained physical custody of the minor, including the date of placement for adoption with the petitioner and the name of the agency or the name and relationship to the minor of the person that placed the minor;
(7) the length of time the minor has been in the physical custody of the petitioner or the reason why the petitioner does not have physical custody and the date and manner in which the petitioner intends to obtain physical custody;
(8) a description and estimate of the value of any known property of the minor;
(9) that any law governing interstate or intercountry placement was complied with;
(10) the name and relationship to the minor of any person who has executed a consent, relinquishment, or a disclaimer of paternal interest; the name and relationship to the minor of any person whose consent or relinquishment may be required whose parental relationship has not been terminated; and any fact or circumstance that may excuse the lack of consent;
(11) that a previous petition by the petitioner to adopt has or has not been made in any court and its disposition;
(12) a description of any previous court order or pending proceeding, known to the petitioner concerning child support for the minor or concerning custody of or visitation with the minor, including the name of the court;
(13) the full name by which the adoptee is to be known if the petition is granted; and
(14) any other fact known to the petitioner and needed to establish the jurisdiction of the court.
(b) The petitioner shall request in the petition:
(1) that the petitioner be permitted to adopt the minor as the petitioner’s child; and
(2) any other relief sought by the petitioner. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 1997, No. 53, § 4, eff. June 26, 1997.)