Vermont Statutes Title 15 Sec. 3-703
Terms Used In Vermont Statutes Title 15 Sec. 3-703
- Adoptee: means a person who is adopted or is to be adopted. See
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Child: means a minor or an adult son or daughter, by birth or adoption. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
§ 3-703. Granting petition for adoption
(a) The court shall grant a petition for adoption if it determines by a preponderance of the evidence that the adoption will be in the best interests of the minor, and that:
(1) the adoptee has been in the physical custody of the petitioner for at least 180 days unless the court for good cause shown waives this requirement;
(2) notice of the proceeding for adoption has been served or dispensed with as to any person entitled to receive notice under Part 4 of this article;
(3) every necessary consent, relinquishment, waiver, disclaimer of paternal interest, judicial order terminating parental rights, including an order issued under Part 5 of this article, or other document has been obtained and filed with the court;
(4) any evaluation required by this title has been filed with and considered by the court;
(5) the petitioner is a suitable adoptive parent for the minor;
(6) if applicable, any requirement of this title governing an interstate or intercountry placement for adoption has been met;
(7) the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq., is not applicable to the proceeding or, if applicable, its requirements have been met;
(8) an accounting and affidavit required by section 3-702 of this title has been reviewed by the court, and the court has denied, modified, or ordered reimbursement of any payment or disbursement that is not authorized by Article 7 of this title or is unreasonable or unnecessary when compared with the expenses customarily incurred in connection with an adoption; and
(9) the petitioner has received each report required by section 2-105 of this title.
(b) Notwithstanding a finding by the court that an activity prohibited by this title has occurred, if the court makes the determinations required by subsection (a) of this section, the court shall grant the petition for adoption and report the violation to the appropriate authorities or take other appropriate action.
(c) Except as otherwise provided in Article 4 of this title, the court shall inform the petitioner and any other person affected by an existing order for visitation or communication with the minor adoptee that the decree of adoption terminates any existing order for visitation or communication. (Added 1995, No. 161 (Adj. Sess.), § 1.)